Council Leaning Toward Boarding House Crack Down

For 17 years, the City of Portsmouth has battled Brewster Street Boarding House owner Brian Hogan with marginal success to get him to stay in compliance with the city's building and health codes. Now City Councilors are ready to take much tougher measures.

During a work session at City Hall, councilors debated the merits of a five-point plan that includes the following:

• Extend the current permit for only three months with an inspection and report that details progress made at the facility.
• Require full time professional management that would respond to municipal requests 24 hours a day, seven days a week.
• Integrate pest management control on a monthly basis with monthly reports submitted to the city's Health Department.
• Have all common floors remain non-porous and non-absorbent with cleanable surfaces.
• Dispose of soiled or infested bedding.

City Attorney Robert Sullivan said that when the city chose to file a law suit against the building's owner in 2006, it resulted in $200,000 of improvements.

“When we lean on the building property owner enough, he comes around and makes the improvements that need to be made,” he said.

Deputy City Manager Dave Allen agreed with Sullivan's assessment. “They do seem to respond to pressure,” he said.

City Councilor Brad Lown did not fully agree with giving the property owner another three months to comply. He described the city's troubles with the property owner as a “constant tug of war” that has been going on between the property owner and the city for 17 years.

“The only question in my mind is should we deny the renewal now or set some conditions for future permit approval,” Lown said. “If we do this again, I’m afraid that we are going to end up in the same situation.”

Sullivan reminded councilors that 30 people live in the boarding house and a majority of them are hard working people who have no place else to go.

“If we closed the building tonight, 30 people who live in those rooms would be out on the street,” Sullivan said. He added that the city needs to tailor its strategy in such a way that it addresses the problems without punishing the tenants too much.

The City Council decided to hold the work session after it received a letter from Islington Creek Neighborhood Association residents who complained about the boarding house's conditions in December. In 2012 alone, city officials documented several instances where city zoning, building and health codes were not met. The Portsmouth Police also had 44 calls for service.

On July 20, police discovered the remains of a boarding house resident who had died in his room. That incident led to another health code investigation. , 30, who made a device that looked like an explosive that he had left in the hallway outside of his apartment. 

The Seacoast Emergency Response Team and the State Police Bomb Squad were called to the scene. The neighborhood was evacuated by Portsmouth Police and Portsmouth firefighters, but police later determined the device didn't contain any explosives.

City Councilor Ken Smith said the property owner and manager are causing the issues and giving them a three-month permit is “just kicking the can down the road.”

Smith said the city needs to send a clear message to the property owner that he has 30 days to be in compliance or he will be shut down. “I say he has 30 days to comply with this letter or he’s done until he does,” he said.

City Manager John Bohenko said that if the city gives progressive notice to the property owner that the five conditions must be met in three months and he fails to do it, then if the city will have a much stronger case it chooses to pursue litigation.

Councilor Nancy Novelline Clayburgh said she would like to ask the property owner one question, “Don’t you have some pride in your property?”

Clayburgh said the city should give him 30 days or 60 days to bring the building in compliance “or we pull the plug.”

Mayor Eric Spear said he favors the progressive approach outlined by the city staff. “I want to make sure we would be in a situation where we would win if we chose to litigate,” Spear said.

The council is scheduled to revisit the proposed Brewster Street Board House permit conditions when it meets on Feb. 19.