Lynn, Mass., Rental Inspection Ordinance (2020) § 2:00

“Authorized inspector” shall mean any ISD inspector or an inspector contracted with by ISD or
his/her employer or any other person who (i) is a Commonwealth of Massachusetts Registered
Sanitarian or a Commonwealth of Massachusetts Certified Health Officer or a Commonwealth of
Massachusetts Certified Home Inspector, or has proof of training acceptable to ISD, and (ii) has
demonstrated a proficiency in the application of the State Sanitary Code.

“Commissioner” shall mean the Chief of the Inspectional Services Department or a designee.

“Chronic offender” shall mean any property where the property owner has failed to register the
property in compliance with the Ordinance after notice or any property that fails to remediate
more than one violation of the Building or Sanitary Code or a provision of the City of Lynn Zone
Ordinance within the time prescribed by a duly issued Order of the Inspectional Services
Department. For purposes of this definitions, only failures register or to remediate committed
within the past twelve (12) months shall be considered.

“Days” shall mean consecutive calendar days

“Owner” shall mean a for profit or not-for-profit individual or corporation, an agent of a for
profit or not-for-profit individual or corporation, or any person having legal charge of or
authority over a private dwelling, tenement, lodging house, or other residential rental property
dedicated to residential use.

“Problem property” shall mean a property that meets the following criteria and is designated as
such following recommendation by the City of Lynn’s Problem Properties Task Force: (i) the
Lynn Police Department has been called to the property not fewer than four (4) times within the
preceding twelve (12) month period for any incident involving any arrestable offense including
but not limited to disturbing the peace, trespassing, underage drinking or assault; or (ii) the Lynn
Police Department has received not fewer than four (4) sustained complaints for noise within the
preceding twelve (12) month period; or (iii) the Inspectional Services Department or the Public
Health Division thereof has received not fewer than four (4) sustained complaints within the
preceding twelve (12) month period for noxious, noisome or unsanitary conditions; or (iv) any
other reason as enumerated in the Ordinance Establishing a Problem Property Task Force in the
City of Lynn.

“Rental unit” shall mean a non-owner occupied room or group of related rooms within a
dwelling used or intended for use by one family or household for living, sleeping, cooking and
eating. A rental unit shall also mean a non-owner occupied condominium unit. Dwelling units
that have current Lodging House Licenses issued by the Licensing Commission for the City of
Lynn shall not be considered as rental units for the purposes of this section, and will continue to
be annually licensed and inspected pursuant to M.G.L. 140 sections 22 and 25.

b.      Inspections Required. All owners of private residential rental housing units ("Owners"),
including condominium units, in the City of Lynn shall register no later than July 1st of each
year (or an initial registration within sixty (60) days of the effective date of this Ordinance) with
the Inspectional Services Department ("ISD") identifying the property by street address and the
number of units that they own at each address. An owner of a rental unit, who does not reside
within the subject dwelling, shall post and maintain or cause to be posted and maintained on such
dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such
dwelling in a location visible to the residents a notice constructed of durable material, not less
than twenty (20) square inches in size, bearing her/his name, address and telephone number. If
the owner is a realty trust or partnership, the name, address and telephone number of the
managing trustee or partner shall be posted. If the owner is a corporation, the name, address and
telephone number of the president of the corporation shall be posted. Where the owner employs
a manager or agent who does not reside in such dwelling, such manager or agent's name, address
and telephone number shall also be included in the notice. P.O. boxes do not satisfy the address
requirement of this section. All owners must register each rental unit annually with ISD, and
must attest to and affirm that they are familiar with their obligations to comply with this section,
the State Sanitary Code (105 CMR 410), the State Building Code (780 CMR), the City of Lynn
Zoning Code, Federal, State and Local fair housing regulations, and all other regulations
applicable to residential dwellings, and that they intend to comply with said regulations, by
signing a form provided by and approved by the Commissioner of ISD. An owner owning
multiple units in the same building may submit one form representing all said units. Any owner
residing outside of the Commonwealth of Massachusetts must designate a locally based resident
agent authorized to accept service on the owner's behalf.

All rental unit registrations shall be recorded in an electronic database of all owners for an initial
registration fee of twenty-five dollars ($25.00), and annual renewal fees of fifteen dollars
($15.00) for each rental unit. Registration fees may be adjusted at the sole discretion of the
Commissioner and should be reviewed on an annual basis. The Commissioner shall work to
employ technology to the maximum extent possible in order to optimize the fairness and
effectiveness of the registration process in accordance with paragraph (o).

c.     Exempt properties. The following rental units shall be exempt from the inspection
requirements of this section: (i) rental units owned or operated by Federal, State, or City
Government. ISD will provide exempt unit owners with education materials on all code
requirements relative to their units on a regular basis. All non-exempt rental units must be
inspected at least once every five (5) years. In order to develop the inspection plan for the first
year, and subsequent years of the five (5) year inspections cycle, ISD shall utilize data that may
include, but shall not be limited to, inspection records, court records, documented constituent
complaints, and any information related to the status of the property with the Problem Property
Task Force or information compiled by said Task Force to prioritize a list of properties for
inspection in each neighborhood. Owners may request that ISD conduct the inspection or said
owner may engage an "authorized" non-ISD employed or contracted with inspector meeting the
qualifications enumerated in paragraph "a" of this Section. The procedures and fees for such
inspections are set forth in paragraphs (d), (g), (h), and (i) of this Section. Annual
comprehensive apartment inspections conducted by the Lynn Housing Authority leased housing
program, or by other Federal, State, or City inspection programs that are accepted by ISD as
being substantially equivalent, may be used to satisfy the five (5)-year inspection requirement.
ISD shall cause to be performed periodic and random audit inspections of no less than five
percent (5%) of the "authorized" inspections that are filed with ISD.

d.      Notice of inspection/failed inspections/contents of inspection report/fee. Residential
rental unit owners may fulfill the requirements of this Ordinance by requesting an inspection
from ISD, within thirty (30) calendar days from issuance of an inspection notice. Every effort
shall be made by the owner and/or the owner’s agent to coordinate ISD conducted inspections in
a single building/dwelling on the same date to the maximum extent possible. A Non-ISD
employee or contracted with inspector generated inspection reports must be submitted subject to
the regulations promulgated by the Commissioner according to paragraph (o). Failed Non-ISD
inspections must be accompanied by a compliance plan acceptable to ISD that will bring the
subject rental unit into compliance with the minimum standards for human habitation for a
residential dwelling as set forth in the Massachusetts State Sanitary Code (105 CMR 410), as it
may be adopted and amended from time to time. All inspections shall include a sworn statement
and shall be signed by an ISD employed and/or contracted with Inspector, Lynn Housing
Authority Inspector, or an "authorized inspector". An authorized inspector shall be prohibited
from charging more than one hundred thirty-three percent (133%) of the fee charged by the City
of Lynn for an inspection performed under this Ordinance.

e.      Problem properties. Any rental building determined to be a problem property as defined
by this Ordinance or the Ordinance Establishing a Problem Property Task Force in the City of
Lynn, as it may be adopted and amended from time to time, must annually request an inspection
from ISD.      This annual inspection shall apply to all residential units within the building
regardless of whether the violations were limited to a single residential unit therein. Each owner
of a problem property shall also file with ISD an annual management plan, within thirty (30)
days of its classification as a problem property, outlining the remediation of any outstanding
code violations or other persistent conditions requiring the landlord's affirmative response as
identified by the Task Force. Said management plan shall identify the deficiencies in the
property, identify consultants and contractors engaged to proceed with any remediation work,
detail any proposal made by the contractors or consultants, and set out a timeline over which the
work will be completed.

f.      Chronic offenders. Residential rental property considered a chronic offender shall be
subject to additional inspection requirements. Upon meeting the definition of a chronic offender
in this Ordinance, ISD shall notify owners of their classification as a "chronic offender" by mail,
return receipt requested. The owner shall have fourteen (14) days to request a hearing to contest
their classification as a "chronic offender". Chronic offenders are subject to fines of three
hundred dollars ($300.00), or the maximum allowed, for each subsequent violation notice
received in a twelve (12) month rolling period, and may also be subject to court prosecution
under the applicable codes and regulations. Chronic offenders shall be required to request an
inspection of each rental unit once every three (3) years, and it shall be mandatory that ISD
conduct said three (3) year inspection. Chronic offenders with no violations in a rolling thirty-
sixth (36) month period shall have the chronic offender’s classification removed on the last day
of the thirty-sixth (36th) month following their classification.

g.      Inspection form/fees. All inspections performed under this Ordinance shall be performed
in accordance with the requirements of the State Sanitary Code and recorded on a form approved
by the ISD. The Commissioner shall charge a filing fee of fifteen dollars ($15.00) for any
registration or sworn statement filed by an owner, authorized Inspector or other agent of the
owner; said filing fees shall be capped at a maximum of two thousand five hundred dollars
($2,500.00) per building or five thousand dollars ($5,000.00) per complex. Filing fees may be
adjusted at the sole discretion of the Commissioner and should be reviewed on an annual basis.

For an inspection performed by ISD, the Commissioner shall establish a fee schedule that shall
take in to account the actual cost to the City or a City agent to conduct said inspections. The
Commissioner shall on an annual basis review the fee schedule to ensure that the fees, at a
minimum, reimburse the City for the actual costs of the inspections

h.      Notice of inspection/occupant. Before conducting an inspection pursuant to this
Ordinance of an occupied unit, reasonable advance notice shall be provided to the occupant in
writing. Results of the inspection shall be provided to both the owner and the occupant. If an
owner's agent is denied access by the occupant for purposes of conducting an inspection, the
owner of said unit shall notify ISD of such denial within seven (7) calendar days. Such denial
shall be noted on a sworn, dated statement filed by an authorized inspector. If any person is
denied access to a unit for the purposes of conducting such an inspection by the occupant, then
ISD shall verify and document in writing such denial. The owner and/or owner’s agent shall
have thirty (30) days from such denial to take all necessary actions, legal or otherwise, necessary
to permit an inspection as required by this Ordinance. The failure by the owner to take all
reasonable and necessary actions to obtain an inspection, as determined by the Commissioner
and the City Solicitor, shall subject the owner to a three hundred ($300.00) dollar per day fine.
The provision of a written request to permit an inspection along with a judicial filing and
prosecution seeking an Order for the same, shall be deemed sufficient actions on the part of the
owner and thus shall not subject the owner to any fine under this section. Nothing in this section
shall prevent the Commissioner from causing the unit to be inspected pursuant to the terms
herein in the manner provided for in the State Sanitary Code.

i.      Decertification process for authorized inspectors and owners granted an inspection
waiver: All authorized inspectors shall perform all inspections in a manner consistent with this
section and shall refer to Inspectional Services Department any issue involving imminent life
safety or health problems. Authorized inspectors accept the designation to perform these
inspections with the understanding that the failure to adhere to the standards of good faith, fair
dealing and honesty will result in the revocation of the status as authorized to perform these
inspections, action against the professional license and if relevant, notification to authorities for
criminal prosecution. ISD shall immediately revoke the approval of any authorized inspector, or
owner who has been granted an inspection waiver, who misrepresents the condition of a unit or
fails to inspect a unit with due care, misrepresents any information on the application form or
any form or document submitted under this section, or for any reason demonstrating a failure to
honor the requirement of good faith and fair dealing. An authorized inspector may request a
hearing once aggrieved by such a revocation of approval. A hearing shall be held within thirty
(30) days upon a written request from the aggrieved party.

j.     Failure to comply. Failure to comply with any provisions of this Ordinance shall be
punishable by a fine as set out in paragraph (q) of this Ordinance.

k.     Public records. Any and all notices, statements, inspection forms, applications including
supporting documentation, and any other documents concerning an inspection pursuant to this
Ordinance shall be a matter of public record.

l.      Annual reports. In an effort to evaluate the effectiveness of the inspection programs
delineated herein, the Commissioner shall annually prepare a report detailing the activities of the
program no later than July 31st of each calendar year, beginning June 30th, 2021. The annual
written report shall include the following items:

            1.           The number of registration statements received by the Commissioner during the
                         prior twelve (12) month period.

            2.           The number of owners issued fines or citations by ISD for (i) failing to initially
                         file a registration statement and (ii) for failing to file a registration statement
                         within thirty (30) days of written notice from ISD.

            3.           The total number of inspections performed by ISD employed or contracted with
                         inspectors during the prior twelve (12) months, along with a categorized list of the
                         number of inspections performed in such ward during such period.

            4.           The total number of inspections performed on problem properties, as defined in
                         this Ordinance, along with a break down by district of the number of problem
                         properties inspected in such Ward.

            5.           Such other information as may be requested by the Mayor and City Council

m.      Non-criminal disposition. The provisions of this Ordinance may be enforced in
accordance with the noncriminal disposition process of M.G.L. c. 40, s. 21D, provided that this
Ordinance shall not preclude the City of Lynn from proceeding to restrain a violation by
injunction.

n.      Transfer of ownership. Transfer or ownership of rental units must be reported to ISD
within thirty (30) days of closing. New property owners must register within thirty (30) days of
closing and must submit a reasonable maintenance plan that identifies and address the any
significant code deficiencies within the subject property. If the property was acquired during its
inspection year and the inspections did not occur before the transfer of ownership, then the new
owner must, within ninety (90) days, complete any required inspection.

o.      Written regulations promulgated by commissioner. The Commissioner shall promulgate
written rules and regulations necessary to implement and enforce the provisions of this
Ordinance. The Commissioner will work to employ and implement technology to the maximum
extent possible in order to optimize the fairness and effectiveness of the registration and
inspection processes within these rules, which may be revised from time to time.

p.     Severability. If any provision of Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision shall be considered separately and apart from the
remaining provisions, which shall remain in full force and effect.

q.      Fines for violation ordinance. Any failure to comply with this Ordinance will result in
the assessment of a fine of three hundred dollars ($300.00) per day beginning in the first day in
which the property is found not to be in compliance and continuing for each subsequent day
thereafter. Each day shall be considered a separate offense.