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December 2, 2004
Community Stabilization Act
supporters take case to council
Yawu Miller
Dozens of supporters of the Community Stabilization
Act jammed the City Council chamber and two overflow rooms last
week for a hearing on the measure which would bring back a limited
form of rent control.
In contrast, opponents of the measure, who carried “no”
signs printed by the Small Property Owners Association, made a
poor showing, occupying a handful of seats in each of the council
chamber’s three seating sections — a stark contrast
to the last rent control hearing two years ago where the opponents
and supporters were evenly matched.
Perhaps more notably, the equation on the council has changed
as well, with five councilors — Felix Arroyo, Maura Hennigan,
Michael Ross, Chuck Turner and Charles Yancey — firmly backing
the measure and three councilors — Stephen Murphy, Paul
Scapicchio and Rob Consalvo — undecided. Seven votes are
needed for the measure to pass.
At last week’s hearing the five opponents on the council
questioned whether the re-introduction of a form of rent control
would raise taxes and discourage new residential development.
Supporters said the measure would enable working families to remain
in those neighborhoods in Boston where gentrification is most
prevalent.
“If Boston wants to be a world-class city, Boston has to
be welcoming to families from all economic levels,” said
Rich Rogers, secretary of the Greater Boston Labor Council.
The inclusion of labor unions, community-based organizations,
elder groups and social service providers in the coalition demonstrates
that the Community Stabilization Act has a broader base of support
than the 2002 iteration of rent control.
Supporters of the CSA also obtained support from organizations
that work with small property owners — ACORN, ESAC and the
Massachusetts Affordable Housing Alliance, a nonprofit which has
helped hundreds of state residents buy homes through its mortgage
program.
CSA supporters met with each of the councilors to discuss their
misgivings about the 2002 bill. Their input helped the organizers
craft the new bill.
The new bill exempts more small property owners from the rent
and eviction regulations. Residents who own six or fewer units
are exempt. The regulation kicks in when landlords raise rents
10 percent or more. At that point, tenants have the right to grieve
the increase in housing court. Low-income and elderly tenants
can grieve increases of 5 percent or more.
Also included in the measure is a call for “just cause”
evictions, giving tenants the right to grieve evictions in court.
Under the measure, judges are given the discretion to determine
whether evictions are just.
New construction and developments that are already affordable
are exempt from the protections.
At the same time the CSA contains measures that would protect
small property owners. One provision mandates that banks give
homeowners advance notice of any foreclosure actions and the right
to pay off a default.
Property owners would also be given the option to seek mediation
prior to foreclosure or rent withholding.
The councilors opposed to the measure voiced deep misgivings about
the potential impact of rent regulation on the city. Council President
Michael Flaherty asserted that rent control could lower property
values on rental properties and shift the tax burden onto single-family
homes and condominiums.
“I am of the opinion that with rent control being implemented...
it could possibly be devastating to property owners in the city,”
he said.
City Councilor Jerry McDermott echoed those concerns.
“What do you say to the idea that we won’t be able
to increase our tax base because we’re sending a message
to national investors that we’re willing to regulate rents,”
he asked.
Roxan McKinnon, an organizer with the Boston Tenant Coalition,
pointed out that CSA exempts new construction and underscored
the need for affordable housing in Boston.
“Right now, the question is what are we doing for the working
people of Boston,” she said.
Maureen Feeney, who acknowledged that her 26-year-old son is living
with her because he can’t afford to pay rent, questioned
whether banks would view the city unfavorably if the measure passes.
“Are they going to say ‘we’re going to continue
to invest in a city that has these controls?’” she
questioned.
Stella said the real estate market will continue to drive investment.
“Development is going to continue in this city,” he
said. “The question is, is there going to be anything developed
in this city other than million dollar condos. This isn’t
an either/or thing.”
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