Why Milford Task Force Must Be Vigorous On Illegal Conversions

Letter from Paul Mazzuchelli, Milford Board of Health, Milford Select Board

The Milford Code Enforcement Task Force reminds property owners that illegal conversions and overcrowded housing is still a priority for the Milford Task Force.

The Milford Code Enforcement Task Force consists of members from the board of health, building department, police and fire departments, legal department and town administrator. The Task Force will help assist the Code Enforcement Division (Building and Board of Health) in citing properties that are blighted, rundown, decayed, or not adhering to state and local codes and ordinances (such as illegal housing conversions). It is the focus of the task force that all the residents of the Town of Milford deserve to live in clean environments and maintained neighborhoods

Addressing the problem of illegal conversions and overcrowding housing has been a continuing work in progress (since 2005 the passing of the occupancy by-law) and now recently the fire, building and health departments are discovering these type properties and living conditions to once again increasing. Three separate properties were cited just last week.

Creating additional apartments or rooms in an existing building without first obtaining the proper approval from the municipality’s building department is illegal. It is considered a serious violation of the Massachusetts Building Code. This unauthorized construction is an illegal conversion.

We have encountered properties in town in which property owners have knowingly added additional apartments or rooms. We have seen illegal basement and attic apartments, as well as the sealing and eliminating doorways, stairwells, etc. to subdivide properties into more units. Inspectors (fire department) have even found illegal apartments under detached garages that were constructed immediately after new owners purchased the property.

There have also been situations where tenants put up walls, closing doorways, changing apartment configuration, renting out sheds and creating rooming houses with several families residing in living spaces that were designed for only a limited number of people, often without the knowledge of the property owner.

These dwellings prior to being illegally converted, were approved and constructed for their intended use only. For instance, a one- or two-family dwelling was plumbed, wired and approved by the proper code and authorities for the intended use as a one- or two-family dwelling. These units are to be occupied as they were legally approved mainly for health and safety reasons.

When apartments are added illegally to a building, the added tenants now put higher demand on the electrical system, increasing the chances of electrical short and sparking of a fire. Most of these illegal units we have seen are in cellars and attics and seldom have more than one exit, thus raising the risk of an occupant escaping a fire.

In a recent correspondence from Fire Inspectors James Vignone and Adam Salmon, they indicated that these dangerous conditions are being further exacerbated by the use of excessive use of extension cords, hot plates and other cooking equipment, such as propane tanks and outdoor cooking equipment located in the bedrooms creating standalone apartments. All this is made worse by the lack of proper life safety equipment such as smoke and carbon monoxide detectors, necessary means of egress etc.

Illegal conversions reduce the quality of life in a neighborhood and for the occupants themselves. Illegal apartments and rooms also present severe problems for first responders. For example, firefighters may arrive at the scene of a fire, expecting to put out a blaze at a two-family dwelling and end up dealing with a building that has four units or an illegal rooming house. A situation we discovered just two weeks ago. These unexpected units/rooms add to the first responder’s burden and delays rescue efforts at the site of the fire or other response.

The Task Force working together will work to get ahead with identifying the problem properties in our neighborhoods and enforcing the standards. The solution lies with making the property owners who profit from renting illegal housing more responsible for their actions.

The proliferation of these illegal and unsafe multifamily and rooming houses threatens the very foundation of our way of life in Milford as well as the safety of the occupants and emergency first responders that are called to these locations. Based on my experiences, until the incentive (financial) to create illegal housing is taken away, municipalities will always have these problems.

Initiatives that we will consider using to take the financial incentives away will be:

· Reinstitute the compliance visits to all rental units to establish and ensure that maximum occupancy rates are being adhered to as required by the State Sanitary Code Chapter 2 as was done in 2007. This would also create awareness and education for the property owner, tenant and the community, regarding overcrowding and illegal conversions.

· Ensuring compliance with the annual renewal of the maximum occupancy certificate. A late fee will be applied if the due date is not met.

· Violators receiving rents from illegal housing may be reported to the Internal Revenue Service for further action.

· Code enforcement may advise insurance companies of illegal conversions, since most policies were written for the use described on the assessor’s records.

· Code enforcement may advise mortgage lenders of properties that are being used as illegal conversions, since mortgages are written for legal properties only.

· Ask the courts to require the property owners of illegal housing to reimburse the displaced tenants for relocation expenses.

· Once an illegal apartment or room is discovered the property owner will be required to remove the illegal unit.

By using these initiatives to combat illegal housing, the incentive to do so is now lost. It is the focus of the task force that all the residents of the Town of Milford deserve to live in clean environments and maintained neighborhoods. Let’s all be part of the solution and not allow neglectful property owners and troubled properties to negatively impact our neighborhoods.

Non-conforming boarding homes and apartments pose a real danger to public health and safety and the midnight conversion of single-family properties into illegal boarding homes by landlords will continue to be a priority for the Code Enforcement Task Force.

It is important to note that before any conversion to a dwelling is made, one must check with the building department to ensure compliance. Also, an in-law apartment is no longer an additional apartment once the relative is no longer residing there.

Submitted by Paul Mazzuchelli.