Chestnut

future

Offshore wind combined with conservation incentives and continued improvements in ccASHP (cold climate air source heat pumps) could combine to make it worth it to move away from oil/gas. first we would need an upgrade to the electrical service. then we could do photovoltaics.

cold climate air source heat pumps

A one-ton air conditioner is rated at 12,000 Btu per hour (288,000/24)

• Are heat pumps suitable for communities with cold climates?
• Cold Climate Air-Source Heat Pumps: An Innovative Technology to Stay Warm in Winter and Cool in Summer
• AIR SOURCE HEAT PUMP INSTALLER AND CONSUMER RESOURCES
• 2020 Air-Source Heat Pump Program Incentive Summary

subcontractors

• Manny @ Hercules C&G Drain (617) 277-6655

washer

5/8/20

Tim McKenna <mckenna.tim@gmail.com> 3:10 PM (1 minute ago) to Adia, Arlene, Arlene, Helen, laurie, Marissa, Seven, me

Hi, \

OK, the washer is in. Laundry Days by apartment

APT 1 SUNDAY APT 2 TUESDAY APT 3 SATURDAY APT 4 WEDNESDAY

No one can use the machines except on the one day of the week for your apt. from midnight to midnight. By midnight all your clothes have to be out of the basement.

So Helen and Adia are the first users starting Saturday.

The first basement machine was bought used and lasted 25 years. Let's see if we can make this machine last that long. I spent a fortune on a commercial grade machine that is supposed to be as close as possible to the old style machines.

Tim

ps

Every day that you use the laundry area you are responsible for the following:

1. NO BLANKETS, COMFORTERS, PILLOWS or OTHER LARGE ITEMS can be washed in the shared laundry. Take the to the big commercial machines at the laundromat.

2. Clean the drier filter before you begin your laundry AND after your last load of the day.

3. Wipe down the top of the machines and the table before you leave and pick up and dispose any softening sheets or other trash.

4. Nothing, other that your cleaning products can remain in the basement after your laundry day

5. Any time you notice something wrong with the machines, notify me right away

6. When you are finished for the day leave the washer lid open.

4/29/20

Hi neighbors who share washer,

I join you in disappointment on how long that washer lasted. For the last 44 years things have managed to work out with the arrangement we had of me paying utilities and giving you the space to do your laundry and you taking care of keeping machines there and running.

But these times are different. You live together in apprehension about your health and livelihood. We all do.

So I will pay for and arrange for the installation of a washing machine as soon as possible. This is a one-time thing. Please continue on and read the whole email.

It seems reasonable to consider ways where we can minimize risk and social contact in the basement for the duration of the pandemic . I propose the following:

• As soon as possible, today if possible, remove anything of yours from the basement laundry are except for cleaning products.
• Each of the apartments will choose one day of the week that they have complete access to the laundry area. ex: apt 1 could choose Tuesday, apt 3 could choose Thursday etc. On the four days chosen, no one else can use the machines
• For the time being, no one can use the machines on the 3 free days. You can only do laundry on your apartment's day.
• You can trade that day for a particular week by email conversation and agreement between you.
• Any guests that you may have must abide by these conditions
• Every day that you use the laundry area you are responsible for the following:
  1. NO BLANKETS, COMFORTERS, PILLOWS or OTHER LARGE ITEMS can be washed in the shared laundry. Take the to the big commercial machines at the laundromat.
  2. Clean the drier filter before you begin your laundry AND after your last load of the day.
  3. Wipe down the top of the machines and the table before you leave and pick up and dispose any softening sheets or other trash.
  4. Nothing, other that your cleaning products can remain in the basement after your laundry day
  5. Any time you notice something wrong with the machines, notify me right away
  6. When you are finished for the day leave the washer lid open.
• I claim either Monday or Tuesday as my day. That means once a week I will do an extra wipe-down of the machines and table with some bleach and soap. At that time I will put any clothing that is there in the trash.

If you would like to continue to use the laundry in the basement you will need to explicitly agree to all of the above conditions. Each person in your apartment who uses the laundry will need to sign on to that agreement. That is, you will each need to write me an email that

1. claims your day of the week
2. includes a statement something like "I agree with all of the conditions on using the shared laundry as stated in Tim's email of 4/29/20"

Talk to your housemates, agree on a day, and get back to me. We will do the day selection first come first serve. I will let you know when a day is claimed.

So let's use this agreement to get through the pandemic and in a couple of months I will ask for your input on how to improve this arrangement. Maybe then we can shuffle the days as needed. I will let you know as soon as I get a delivery date.

sell or no

If we sold to tenants for 300K PIT+250 condo fee would be about $1870/mo If we sold #5 for 600k PIT+416 condo fee would be $3600/mo that adds up to 1.8M. Maybe it would cost 100k to condoize?

mortgage calculator

chimney

Chris from Albatross (617)283-9942 did a great job on re-laying the top 4 courses and pointing my chimney on a 3 decker. His price was great and it was easy to make arrangements. Texted him a buch of photos I took from the roof and he came back right away with a price. He did a nice job at grinding out the old mortar and pointing and now it looks like it will last another hundred years.

roof

https://www.build.com/sunoptics-211ncf/s879348?uid=2239204 https://roofvents.com/gravity-ventilators-aura-ventilator/av-14-c12-aura-vent-14-inch-diameter-12-inch-collar/#Main-Menu-Exhaust-Roof-Vents

keeping

http://www.margolis.com/our-blog/massachusetts-taxes-real-estate-in-estates-of-non-residents

Another option is to sell the house to kids at full market value, but hold a note on the property. The note should be in writing and include interest. You can then use the annual $14,000 gift tax exclusion to gift your child $14,000 each year to help make the payments on the note. This can be tricky and you should consult with your attorney to make sure this won't cause tax problems.

selling

https://www.thebalance.com/how-to-use-the-zero-percent-tax-rate-on-capital-gains-2388995

How the Zero Percent Rate Works

The zero percent tax rate on capital gains applies to people in the 15 percent marginal tax rate or below. In 2018, that applies to married tax filers with taxable income up to $78,750, and single tax filers with taxable income up to $39,375.

Even if your taxable income is normally quite a bit higher, there are often many years where lower income tax years occur, and sometimes you can make a low-tax year occur on purpose in retirement by choosing which accounts to take withdrawals from each year.

Tax Opportunities

The most common tax planning opportunities occur if you are:

• Temporarily unemployed.
• A salesperson whose income varies from year to year.
• Are between the ages of 55 and 70 and may soon be transitioning into retirement or are already retired.

https://fitsmallbusiness.com/rental-property-depreciation-rules/ When calculating rental property depreciation, the useful life of common assets are:

• , carpeting & furniture: 5 years
• Office furniture & equipment: 7 years
• Fences & roads: 15 years
• Residential rental buildings, structures, furnaces & water pipes: 27.5 years
• Commercial buildings: 39 years

https://www.investopedia.com/terms/d/depreciationrecapture.asp

For example, consider a rental property that was purchased for $350,000 and has an annual depreciation of $20,000. After 11 years, the owner decides to sell the property for $430,000. The adjusted cost basis then is $350,000 - ($20,000 x 11) = $130,000. The realized gain on the sale will be $430,000 - $130,000 = $300,000. Capital gain on the property can be calculated as $300,000 - ($20,000 x 11) = $80,000, and the depreciation recapture gain is $20,000 x 11 = $220,000.

Let’s assume a 15% capital gains tax and that the owner falls in the 28% income tax bracket for 2017. The total amount of tax that the taxpayer will owe on the sale of this rental property is (0.15 x $80,000) + (0.28 x $220,000) = $12,000 + $61,600 = $73,600. The depreciation recapture amount is, thus, $61,600.

https://www.irs.gov/pub/irs-pdf/p946.pdf

https://fitsmallbusiness.com/rental-property-depreciation-rules/

https://www.investopedia.com/terms/f/form-4797.asp

https://www.irs.gov/pub/irs-pdf/f4797.pdf

https://www.irs.gov/pub/irs-pdf/i4797.pdf

https://www.thinkadvisor.com/2015/12/15/tax-advice-for-business-owners-allowed-vs-allowabl/?slreturn=20190430113634

Depreciation allowable is depreciation you’re entitled to deduct, but didn’t necessarily deduct for tax purposes.

Furthermore, if you do not claim depreciation you’re entitled to deduct, you must still reduce the property’s basis by the full amount of allowable depreciation! That really changes the game plan for keeping or selling an asset, should the business owner have forgotten to depreciate any asset in question that’s allowable.

So for simplicity, let’s look at this example: Say your client purchased a building for $500,000 in which to operate his business, and didn’t depreciate the building’s cost as allowed, and then later decided to sell the building after 10 years and relocate. The basis for selling the building and reporting the gain wouldn’t actually be $500,000 as most would think; but rather $500,000 minus the allowable depreciation.

communication

to family 5/28/19

Hi family,

I wanted to update you on my thoughts about Chestnut Ave. I have to figure out soon if I am going to spend a bunch of money on it for roof, solar, some boilers or if I'd be better off selling it and not having it to think about any more. Generally it is in good shape. The reason I include you all in this is because there is a case to be made for not selling it.

I have run a scenario by Noah where he would take it over. It could go something like this. We would establish some value that is somewhat less than market so current tenants could stay. Let's say that was a million dollars. Then Noah (or one of you) would essentially take part of your inheritance early and start paying a mortgage of 2/3 of that say $666,000 to Peri and me til we are both dead. Then those payments would switch to the other two brothers for some amount of time, let's say 15 years. After that, that brother would own it outright.

It is pretty awesome to take care of a building and get paid for it. I have liked it a lot and it's given Peri and I a lot of freedom from having to work all the time. Alas, Noah has been pretty unresponsive about the idea.

It's getting to the point where I am not crazy about the idea of doing things like carrying mortar mix up to the roof so I can repair the chimney or other normal maintanance stuff.

The market is good now, maybe at its peak since so much new housing is coming online. The other timing thing is that there is a period between when Peri stops working and when we are 70 and start getting social security and 401K money where we just have the income from the building. That income would be under $78k and so we may save something like $150K or more in capital gains tax. So Peri and I need a plan.

What do you think?

Dad

recycling and trash

5/1/17

Hi everyone,

There is a milk crate of wood and screens I couldn't manage. If it is yours please get it to the curb yourself.

There is a list of materials we can and cannot recycle on the Boston site.

Please, if you have a big piece of furniture or other large item, or cardboard box not fitting in the bin (keep it in your apt and then) put it on the street yourself on trash day.

The current system is not working for me. If things continue as they have been I think we will go back to individual small blue recycling bins that are kept inside your apartment. I will pull that shed down and buy and number five garbage cans with swinging lids and then each apartment would put out their own garbage and recycling on Monday evening and retrieve them from the street on Tuesday afternoon. Let me know if you can think of a better idea.

All the best, Tim McKenna (857)498-2574

10/16

https://www.boston.gov/departments/public-works/recycling-boston#nav333564965

Hi everyone,

So I've re-taken over the responsibility of checking that everything is out at the curb on trash days. A couple of observations. it is clear to me that we need one more large recycling bin and a replacement and addition of a garbage can. I will make that happen by this weekend. it was a dirty job with a significant amount of garbage in the recycling bins it seems we need a review of what can and can't be recycled There is a list of materials we can and cannot recycle on the Boston site. The biggest problem we have is that plastic bags are not recyclable and people are tossing their recyclables into the bin in plastic bags.Please take a look at this list.

Please, if you have a big piece of furniture or other large item, put it on the street yourself on trash day.

If you have any ideas on ways to improve our trash and recycling please let me know. If things are still not working after the new cans we will have to try something new.

The fallback position would be to go back to the small blue bins that are kept in your apartment with each unit responsible for its own bin. As for the garbage, I could just pull that shed down and buy and number five garbage cans with swinging lids and then each apartment could take care of its own garbage. Let me know if you can think of a better idea.

All the best, Tim McKenna (857)498-2574

lead

Built in 1929 lead paint was used on Exterior trim and some interior locations. Interior trim was originally natural finish without lead. At present all windows have been replaced so there is no friction contact with exterior trim. All porch trim and railings accessible to children has been replaced. All paint is in good condition. And the exterior soil is covered in plantings and grass.

windows

10/30/13 replaced apt 4 balances with JB sash and door knife style shoe. Problem was exploding upper pulleys. There are replacement pins for six windows on basement board.

number	glasssize	sash opening	balance-lower	balance-upper
5	27x26	2-6 x 4-9
2	20x26	1-11 5/8 x 4-9	DB-EO3-26-HD	DB-LO2-24-HD
2	27X24	2-6 x 4-5	DB-L02-24-HD	DB-L02-22-HD

pivot shoe locks for fancy balance

sash pivot clips for this balance

biege jamb liner

balance

plumbing

kitchen faucets

apt 4

Delta Model # 21988LF-SS SKU # 1000000695, danco repair kit Model # 09989 Store SKU # 649094

picture of faucet and repair kits

Central Brass kitchen replacement stem - K-453-C/H (hot water stem replaced with Ace on 11/3/13

apt 2

Central Brass kitchen replacement stem - K-453-C/H

cast iron replacement

I would use a Fernco donut or a Ty-seal. Then a pvc soil adapter.

hot water heater

apt 2

Navien CR-210(A)

"With the power OFF, press “Function”+“Pro” key together for 3 seconds"

heating

yearly maintainance

nozzles: .75 80A (3), .75 60A (1) filters: FulFlow FB4 Beckett AF electrode kit 5780

5/32 between, 5/16 above, 1/16 ahead

9/30/20

cleaned/brushed #2 and #4 and a little for #3, none for #1
#1 needs electrodes next year
#4 had no oil so could not very seal on filter or flame

oil burner primary controls

11/3/13 Sometime after everyone has gotten oil and fired up their heating systems I will have the boilers cleaned and serviced. (they need oil in the tanks to do it). It is getting a little bit harder to find good independent service companies so I may have to set service up with each of your oil suppliers. 1) Could you let me know when you have oil and who you bought it from. 2) If you notice and water dripping from radiators let me kpow about that too.

Thanks,

mice

09/06/19

Hi Everyone, Today I talked to Carla Tomlinson from Aardvark Pest Control and we came up with a plan.

Like Todd and Zach and Anthony from Green Planet, Carla said it doesn't matter what kind of traps or poison you use, if there is any food source available the mice will skip the traps and the poison and live happily on scraps. They create little pantries of stored food in the walls and use that. Carla said mice will discreetly go into a cat's apartment and take food from their bowls and elsewhere and add it to their store. Often they are smarter than the average cat and know how to make themselves scarce.

So we came up with a plan.

1. We ask that you all be extra vigilant on food scraps and stored food. Even a few crumbs from around the toaster or under the table can sustain a mouse for days.
2. For those of you with cats. Please do not leave cat food out except for specific feeding times. Clean any scraps out of the bowl after each feeding.
3. Please put any food that mice might get into in sealed containers.
4. For those of you who have seen mice, let me know all the locations you have seen them.
5. On a day when I can get into all the apartments (including cat apartments) I will ask you to remove everything from the bottom of your pantry closet. I will move stoves and refrigerators and stuff holes and cracks behind them and in pantries and in any places you have seen mice.
6. After that I will report to Carla what I have found and done and have her team visit the house.

Please keep me updated on mouse sightings and let me know if next Wednesday 9/11 would be an OK day for me to be in your apartment.

09/03/19 Hi Everyone, So I will likely be signing a new mice contract with the local mice this fall. Your feedback would be very helpful.

Have you seen any mice?

how recent?

how often?

where exactly?

Have you heard any mice?

how recent?

how often?

where exactly?

Have you seen any mice droppings?

how recent?

how often?

where exactly?

04/22/19

Hi everyone, Have you seen/heard any signs of mice in the last couple of weeks? (Maria and Manuel have you since Zach was last there from green planet?)

failed so far at maria and manuel's. Zach is the tech

11/6/13

Green Planet (617) 535-1943 - Todd 617-650-6903 $750 for 1 year contract. mice I've got a call in to Green Planet. They were the very nice mouse proofing/trapping people from a couple of years ago. I'l let you know when it is set up for and I'll accompany them from unit to unit letting them in if you are not home. Let me know if you have any concerns.

ext.paint 2013

google doc

6/20/13

Happy Summer, Thanks for your tolerance on the painting. After endless rain all the front porches will again be livable by Sunday Afternoon.

• I plan on coating the decks on Friday morning, right after the mail comes. I'll put your mail outside your door.
• The Front steps will not be usable From Friday until Saturday.

Clearing Rear Porches

On Monday I will start the rear porches.

• Please clear everything from the rear porches by Sunday Evening.
• Please keep all the windows facing the rear porch closed while the porches are being worked on.
• My schedule will change for the back porches since it gets hot back there in the afternoon once the sun comes around. I plan at starting at 7:00 AM.

contact info

"Donna Tim Tai Cuipylo ches5" <dcuipylo@cuipylaw.com>, "Kileki & James ches3" <kspar_8@hotmail.com>, "Maddy & Bill ches2" <willard_simmons@yahoo.com>, "Raul & Suzanne ches1" <rcjr@altstudios.net>, "Sarenna Stein ches4" <sarenna_stein@yahoo.com>,

ads

craigslist add 1/15/10

Rent a beautiful 4 room, 1 bedroom apartment on 1st floor of a 1921 three-decker in Jamaica Plain. The apartment is a 5 minute walk to either Stonybrook or Green Street stations on the Orange line or the #39 bus. It has hardwood floors, a large eat-in kitchen, living room, dining room and bath with tub. Also includes one off the street parking spot, shared patio barbecue, gardening area and free laundry in the basement. You pay heat and utilities but the building is insulated and the windows are new. Available now. Call Tim or Peri at 617 524-0938 c 617 817-8501 c 857 498-2574

basement

washer drier

washer: GE model: GHWP1000M0WW http://www.partselect.com/Models/GHWP1000M0WW/#Videos

drier: Whilrpool model WGD4815EW0, serial M50708800

3/1/17

Hi All,

Stephanie texted me last week that the washer was overflowing and today I got to look at it. I think I was able to fix it but we should keep an eye on it to makes sure. It seems that the hose to the pressure switch that turns off the water at a different levels was disconnected. I cleaned it out and reinstalled it and it now seems to work correctly.

The weird thing was all this fluffy, down-like fiber that was all over the the inside of the cabinet. There was a damp smell as well. Like maybe somebody tried washing a comforter and it had a hole in it or something. I removed what I could easily reach.

Here are some tips on having a long lasting washing machine: http://www.fastfixservices.ca/washing-machine-simple-tips-better-using/. The first and most important is too run small loads rather than huge loads. Whenever we have something big to wash like a comforter or blanket or something we usually take it to a laundromat and put it in one of those big commercial machines rather than stress out our home machine. Leaving the lid open between washes was new to me but that might be a good idea until that fluff stuff dries out.

disclaimer: I was happy to be able to fix it but I can't take responsibility for the times that I can't and you have to pay someone. But always give me a call in case I can.

apt1

9/17/2017 http://planner.roomsketcher.com/?ctxt=rs_com&language=en#?pid=2267877

https://boston.craigslist.org/gbs/abo/d/natural-woodwork-porches-nice/6312819044.html

https://www.renthop.com/apartments/255-chestnut-ave/1/18147330

https://hotpads.com/255-chestnut-ave-jamaica-plain-ma-02130-tu9u9d/1/pad?aliasEncoded=4r2ktnsjbaqrw

apt2

listings Sept 1:

• http://postlets.com/r/255-chestnut-ave-unit-2-jamaica-plain-ma-02130/15022468
• http://www.renthop.com/listings/255_chestnut_ave_2/2/5952561
• http://boston.craigslist.org/gbs/abo/5199669477.html

Location: Chestnut Ave

near the top of the hill, 1/2 way between Stoneybrook and Green, 1/2 way between Southwest corridor and Centre Street

Rent: $1950 n.i. elect., gas and heat

No fee. You need 1 month security deposit and 1st month rent. Lease is standard, simplified, self extending

Available: now -

details

Building:

Building is a 1920's era 3-decker. It has 5 apartments, front and back porches and has off-street parking off a shared driveway that comes in the back. There is an available space for this apartment (but snow plowing is not provided).There is a little place with good(non-lead) soil where you can put a few plants. There is a locked area under the front porch where you can keep your bicycle(s) and a small storage bin for the unit in the basement. Neighbors are friendly, artists, lawyers, researchers, single people, couples, families. No smoking in the units or hallways though you can smoke on your porches. Location is halfway between #39 bus and the Orange Line and halfway between the Southwest corridor and Muddy River bike paths

Apt:

Located on first floor, there are 4 rooms and a bathroom. The front room has double doors that let in lots of light from the east. You enter into a small hall with coat closet which opens into the living room. Behind that is a large kitchen then the bath and rear bedroom.

Utilities

heat: Steam radiators fired by oil. The boiler runs around 80% efficiency. There is a programmable setback thermostat. The building is insulated, the widows low-E double pane. On average, apartments use a tank a year- 200gal x $3.00/gal~$600/12 ~$50/mo. Apt is on 1st floor.

laundry: Washer and drier is in basement shared by 4 units and has no cost to you except that tenants arrange and share the cost of any needed repairs.

hot water & stove: Stove and hot water are gas fired. Hot water heater is a new 94% efficient instant (tankless) water heater. For you that means low gas bills and the hot water never runs out no matter how long the shower runs.

electrical: Apartment has been completely rewired so there is no old BX. Actually there is no old BX in any of the apartments.

apt3

2/1/21 new lease for Kelly and Adia

Hi Kelly, 

Adia Wallace let us know that you are planning to move into apartment 3 at 255 Chestnut Ave on February 1 and would like to be on the lease. Welcome. In normal times we would set up a time to meet you and answer any questions you might have.   I have attached a draft of the lease. It will be one lease with both you and Adia on it. It will start on February 1, 2021 and end on July 31, 2021. It does not automatically extend since in August my son Noah is planning on moving into apartment 3 and begin to take over some of the management of the building from (my wife)Peri and me. 

Once you get to review the lease and are ready to agree I will send signed copies to Adia and will ask that you and Adia sign 3 copies (one for you, one for Adia and one for Peri and me) by February 1. Feel free to ask for clarification or argue for changes to the agreement. Notice that utilities, gas , electricity and heating oil are the responsibility of the tenants.

Please understand that this is not 2 separate leases. We ask that you pay the rent together, either mailing it in one envelope or drop it off at the house. You can both separately use Zelle or Venmo, however.

The security deposit is $1500 which Adia has paid. You  will need to either pay her half or include an additional $750 with your February rent at which point we will send you a receipt for the security deposit. I want to be clear that we are not asking for last month's rent up-front and the security deposit cannot be used as such. We will return it to you immediately upon a walk through once you have moved out.

We look forward to meeting you and hope that you enjoy your apartment.

stove ignitor

frigidaire model fgf326asa

ignitor	AP2150412
 MFG Part Number:	5303935066

1/7/2018 to Helen Adeosun

Hi Helen,

I just got back from checking things at Chestnut Ave and I noticed that your heat is still not on. Have you scheduled your oil delivery? When are they coming? The oil burner will need to be primed since the tank ran dry. Sometimes the oil company will do it for you if you let them into the basement. I can also do it if they don't. Let me know when oil has arrived.

With this very cold weather it is a bit dangerous to not have oil. Pipes can freeze and when they thaw can cause countless damage to your apartment and other apartments. Please be sure to leave the bathroom door open. Check that all the faucets are working, particularly the tub since those pipes are closest to a cold wall. Let me know immediately if the water doesn't come out the faucet.

Please be very careful in using your temporary electric heaters. Countless fires have been caused by them. If a circuit breaker is tripped during use that is a signal that the circuit is overloaded (the wires in the wall are heating up) and that circuit is unsuitable for an electric heater. There can be a max of one heater on an electric circuit (breaker). If you have two heaters they need to each be running on a separate (preferably 20 amp) circuit. Again, I have one small electric heater that I would be happy to bring over to help tide you over until the oil arrives. Also, the gas cooking stove should not be kept on for heat as there is a danger of carbon monoxide from it. (although we keep finding excuses to use our oven for cooking as it helps keep us warm here).

Oil is actually the most cost effective way to heat your apartment. If you use the setback thermostat to set it back 5-6 degrees when you are not there or at night and keep the max temp at 68, you can pretty assuredly get through a winter with one tank of oil. It is important that you get oil as soon as possible as the apartment is not designed to be heated by electric heaters.

On another note, we still have not received $700 of December's rent nor January's rent. Please drop a check by as soon as possible. If you are not able to do that then please, let us schedule a longer, in person conversation.

apt4

Arlene Towns

Dear Arlene,

Current Status: On 1/11 you texted me: "Hi Tim I will have rent on January 24 in full I'm trying hard to get back on track. Thank you" 8 days a go on Tues 1/28 I got a text that said "Hi Tim I'm mailing your rent off today." It didn't get postmarked till 6 days later on Mon 2/3 and arrived here Wed 2/5. In the envelope were checks for 300, 300, 500, and 390 = $1490. Your rent, as you know is $1800/mo.

Since your tenancy began you have failed to pay your rent on the first of the month, as agreed in your lease. Things have gotten progressively worse til at this point you have gone more than a month late with your rent and then paid only part of it.

Here is what I propose. Within the next week by Feb 13, look at your finances and come up with a date this month (February) where you will be able to pay your late February rent plus what you owe from January(310) 310+1800=$2110. By that date hand deliver or have me come over and get the checks. In the event that I do not get the rent by that date I will deliver to you a "Fourteen Days Notice to Quit for Nonpayment of Rent". That document includes a section called "Cure Rights of Residential Tenant under Lease" which says

Tenant with a lease: Pursuant to Massachusetts General Laws Chapter 186, §11 you have a right to prevent termination of your tenancy by paying or tendering to your landlord, or your landlord’s attorney, all rent then due, with interest and costs of suit, on or before the day the answer is due in an action to be brought by the landlord to recover possession of the premises.

So this is what I propose. I you would like you could make a counter proposal. Perhaps there are special circumstances that you would ask that I consider. In the case you have a different proposal we would need to work that out in a face to face meeting that would take place within 1 week from today or by 2/13. Assuming we come up with a different agreement that might change when you would get a Notice to Quit were you to not comply with that agreement.

Of course the best thing for both of us is to not have to go the route that includes a Notice to Quit. From what I understand, that puts us in the eviction system and we both have less room to negotiate. Assuming I send out one Notice To Quit and you pay within 10 days, the next time it happens within a year, and I send a second Notice to Quit, then we have go to eviction court. I my not know exactly what I am talking about. In the 44 years that Peri and I have owned the building, we have never actually evicted anybody. So you should check on your rights and responsibilities on this stuff.

Sincerely,
Timothy McKenna
(857)498-2574
mckenna.tim@gmail.com

dishwasher

GEModel # GDF520PGDBBInternet #203604506Store SKU # 287770 homedepot $373.00

http://www.homedepot.com/p/GE-Top-Control-Dishwasher-in-Black-with-Steam-Cleaning-GDT530PGDBB/204857788?N=5yc1vZc3nj

PUMP DRAIN KIT Part Number: WD35X20553

bath fan

https://www.cooper-electric.com/Images/img/885170/1270938_specsheet.pdf

work assessment 9/3/14

Rewire, replace brass pipes, add closet for front bedroom, repaint

hw heater

• Noritz-NRC711

rebate form

apt5

letter 10/14/20

Dear Maria and Manuel,

As you complete the third year as tenants in apartment 5, there are a few issues that we need to reach agreement on as we prepare to extend the lease.

We know from experience of the challenges in living in a three-decker. Residents share common hallways and stairs and sound travels through the walls and floors in ways that it would not in a modern apartment building.

Covid-19 and the approach of cold weather exacerbates issues that can impact a tenants right to peaceful and healthy enjoyment of their apartment. Everyone is spending more time at home and working from home is becoming widespread.

As with our family when we lived in your apartment, it is a significant challenge to limit as much as possible noise for your neighbors below you and to be responsive to complaints from your neighbors when things get too loud. A little over a year ago, while showing apartment 4 to prospective tenants, I complained to Maria about the excessive amount of running and banging coming from above that apartment's living room. It was concerning to me, at that time, that you were not receptive to the issue and denied that it even happened. I am grateful that you have been able to maintain a productive dialog with your neighbors. Yet some issues are outstanding and I would like to address them now.

I ask that you agree to the following:

• To be more aware of the noise created by your movements around your apartment and reign in any running or jumping in the apartment.
• To be more conscious of of when voices get so loud that your neighbors below are distracted and disturbed.
• To continue to not allow running on the stairs and loud voices in the hallways and stairwells.

Other issues that we need to reach agreement on are related to music classes in the apartment and friends and students in the building.

• I cannot imagine a quiet way to do drumming and bass in a residential apartment without disturbing your neighbors. Those types of classes or activities are better in a stand-alone music school. I ask that you agree to discontinue drumming and bass playing in the apartment. We could consider a trial set up of some space in the basement for that kind of activity and see how it impacts first floor neighbors.
• I ask that you enforce that every student and parent (and friends) who traverse through the common areas of the building are required to wear a mask. I will soon post a reminder on the front and back doors.

Peri and I have loved having you in the building and feel you have been a good neighbor to your fellow tenants. We hope that you agree to the refinement of our understanding as listed above. We would be happy to meet with you or otherwise continue a dialog that works toward such an agreement.

rerent2017

Tim and Donna -> Maria and Manuel

roof

4/3/17

Hi, I was up on the roof inspecting and repairing today. In the corner where the porch meets the house, there was a piece of rubber flashing that shrunk, breaking its glue bond and pulling away a 1/2 an inch.

My guess is that in normal rain or snow there wouldn't likely be a leak there since the water is moving toward the drain. In the slush condition, water was backing up to the edge and so it puddled there and found its way in.

So it is fixed and it will rain tomorrow though plain rain isn't a good test of this condition. If you see any sign of water leaking tomorrow I will be surprised and distressed. Please let me know and if you are away all day I'd be happy to come by and check things.

Re: the light. Those fixtures were never really that bright. Maybe I should get a different fixture, one that can take a dimmable led maybe. Let me know what you think.

x

I repaired the roof and will repair the ceiling after verifying the repair after the next storm.

boiler

I have researched that it is typical for a new boiler to have oil and coatings during manufacture that turn into a sludge that floats on top of the water after running it for a few weeks. It causes extra water to travel with the steam and as that more than normal amount of condensate cools and returns to the boiler it literally bangs into the hot steam on its way up. It needs to be skimmed and I plan on doing it tomorrow. It takes several hours and may have to be done more than once. While I am doing it I may come up and check if the radiators need to be raised. If I am in the basement early I may text you to put the thermostat at 80 degrees so I can control the boiler by switch during the process.

roof hypotheses

I think it was the 2x2 air vent which was nearby. The galvanized metal top looked a little rusty and I am guessing that it had tiny perforations that let water through, particularly evident if it was covered in slow melting wet snow. That turned out to be the problem in that drip that I couldn't figure out in the sw back room. I tried covering that one and the one over the kitchen 2 years ago and those drips stopped. I lost track of the cause and effect over that long period and left the remaining two vents untreated. I covered them both today as well as inspected and repaired places where the flashing cracked due to the cold weather shrink of the rubber.

Dear Donna and Tim,

Once again there are changes in the building, Hilary is traveling this summer and so are Manuel and Maria. We lost a great family when Marco and Tina had to return. We have relisted their apartment today.

It has been are general practice to rent out apartments at market rate or almost market rate but then not raise rents as a matter of course. In your case it is coming up to 11 years since you moved in and 11 years without a rent increase. We have decided that we need to offer to renew your lease for September 1 at a new rent of $2500.

Factors that enter into our decision are that the market rent for apartment 4 is at least the level of your current rent and it doesn't make sense to have that level of disparity in the building. Other factors include my realization that I will have to be more realistic about setting aside money for repairs, since eventually I will have to actually hire other people to do stuff to the building.

Peri and I both hope that you will consider our offer in the best light and that you will decide remain in the apartment. We value your family as great neighbors and an important part of our community. We would be happy to talk with you or meet with you and look forward to reaching a new agreement.

All the best,
Tim and Peri McKenna
(857)498-2574

1. 1. 1. work asessment 9/3/14

rebuild shower replace brass pipes in bath

1. 1. 1. 1. email to Tim and Donna 9/3/14

Hi Donna and Tim,

dsihwsher

whirlpool wdf560safm2 ser f73506144

apt 5 stove

Apt 5 stove Ge Profile JGSP32GEV1BB

http://www.kpappliances.com/index.php?dispatch=products.view&product_id=1641 $541

The first thing I would check is the oven (bake) igniter. How long takes to light up the burner? If it's more then 60 seconds since you've heard a click from the control then the igniter is bad and has to be replaced.

The next step is to check the oven temperature sensor. Pull the range out of the wall, unplug the power cord, remove the back panel and locate the two wires plug for the oven sensor. Unplug it and check the resistance. It should be about 1100 Ohms at the room temperature. If it has more then 20 Ohms difference replace the oven sensor.

If the oven igniter and the oven temperature sensor are fine then the problem is a bad control board.

- The part number for the new oven igniter AP2020569

- The part number for the new oven sensor AP2023670

- The part number for the new oven control board AP3792697

Good luck. Gene.

shower enclosure

CoastaL Industries Legend neo angle shower enclosure (400 series) po 16019, Jacksonville fl 32245

Noah and I started work on Sarenna's apartment today. There are a couple of things that need to be done that will impact you:

1. 1. 1. 1. shower in big bathroom

The closet ceiling and living room ceiling in Sarenna's apartment show the evidence of the leaks caused by the shower door and collapsed tiles. It doesn't make a lot of sense to repair and replace ceilings without addressing the problems of the shower.

1. 1. 1. 1. rear bathroom supply piping

There are very few brass water pipes left in the building. All the piping in Sarenna's apartment is brass and, as best as I can tell, the cold water piping in your rear bath is also brass. The second floor piping will be replaced now as it is in poor condition and who knows when I will next be able to get into that apartment. While it is possible to reconnect your old brass pipes to the new copper pipes, it might make more sense to replace all the remaining old brass piping in one fell swoop. That would mean pulling off a band of plaster 2'x 6' under the cabinets in Tai's room to reconnect the fixtures from the back. In either case there will be a a stretch of hours where the water in that back bath will be off untill the brass from the second floor to the basement is replaced. My memory was that I re-piped your bathroom but I was fooled by the illusion of old pipes running through the second floor. Further study revealed that the pipes are already replaced; nothing needs to be done in your rear bath

1. 1. 1. 1. one possible scenario

My preference would be to rebuild your shower and floor (and repaint bath walls and ceilings) first so you have a nice working bath. it is hard to say if that could be done in 3 days to 6 days, it depends on what I find and in making sure all the items I might need are available and ordered before I start.

It would be good to rebuild/repair the shower by October 1. These type of corner showers are called 'neo' showers and most are now glass on all 3 sides. I would tile the other 2 walls. Would that be OK? We could do less; just replace the door, repair the floor and repair the plaster and tiles. I am open to do either.

Let me know what you think. I could come over to talk about how it would go.

Thanks,

Tim McKenna 857-498-2574

pear crisp recipe

• heat oven to 375
• slice 6-8 pears, peal the sections where the skin is rough
• squeeze a lemon over them in a baking pan and mix in a mixture of 1 tblspoon of corn starch, ~1/3 cup of white sugar & 1/2 tsp cinnamon
• food process till crumbly 1/3 cup flour, 1tsp cinnamon and 1/2 cup of brown sugar + a little salt and about 3 tbsp butter
• add 1/2 cup of oats and some nuts and pulse the food processor again
• pour the mixture over the pears and bake for 40 min.

Just cause eviction ordinance draft September 2015

WHEREAS, Rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income of over $55,000 to afford this rent without being “ren t burdene d,” that is paying over one-third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year.

WHEREAS, Developers have changed the landscape of the city, displacing residents. For example, in Chinatown, over 2000 units of luxury units have been built in and around a traditionally low income, Chinese immigrant community. These luxury units are not affordable for the long-term residents of Chinatown.

WHEREAS, Increased rents disproportionately impact individuals discriminated against due to their age, disability, status as linguistic or national minorities, sexual orientation, gender identity, and gender expression.

WHEREAS, The City of Boston is facing an affordable housing emergency. ORDERED, That a petition to the General Court, accompanied by a bill for a special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause 1 of Section 8 of Article II, as amended, of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for clerical or editorial changes of form only:

PETITION FOR A SPECIAL LAW RE: JUST CAUSE EVICTIONS ON CERTAIN RESIDENTIAL PROPERTY IN THE CITY OF BOSTON

Article I - Just Cause for Eviction Ordinance Preamble:

WHEREAS , the deferred operation of this act would tend to defeat its purpose, which is to protect forthwith the citizens and neighborhoods of Boston, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. 1.00 - Just Cause for Eviction Introductory Clauses.

WHEREAS, Boston has increasingly become an unaffordable and economically unequal city where low and moderate income families and communities of color are rent burdened and facing displacement, and

WHEREAS, the recent foreclosure crisis had a devastating impact on rental housing in Boston. From 2006-2012, at least 1,300 Boston families were foreclosed on, most of who were displaced and pushed into the rental market; over 4,600 residential properties changed hands through foreclosure.

WHEREAS, corporate, non-resident and speculator landlords are purchasing homes in our communities, evicting current residents and raising rents to attract wealthier tenants, and

WHEREAS, cuts in government spending for housing has added pressure to the private rental market. The Boston Housing Authority has a waitlist of 40,000 households for 15,000 units while budget cuts eliminate 1,500 rental subsidies last year, and

WHEREAS, profit-driven development has taken place without regard to those who currently call Boston home. For example, in East Boston, the Boston Redevelopment Authority has approved over 1,000 units of luxury development. The resulting pressures cause rent increases at an average of 30 percent per year. At this rate, only one in ten current residents in East Boston, the majority of whom are Latino, will be able to stay in this largely Latino immigrant neighborhood, and

WHEREAS, rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income over $55,000 to afford this rent without being “rent burden e d,” that is paying over one -third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year, and

WHEREAS, developers have changed the landscape of the city, displacing residents. For example, in Chinatown, over 2000 units of luxury units have been built in and around a traditionally low income, Chinese immigrant community. These luxury units are not affordable for the long-term residents of Chinatown.These luxury units are not affordable for the long-term residents of Chinatown, and

WHEREAS, the Commonwealth of Massachusetts and the City of Boston seeks to expand affordable housing in Boston, and

WHEREAS, the right to occupancy of safe, decent, and sanitary housing is a human right, and

WHEREAS, the City of Boston's prolonged affordable housing crisis disproportionately impacts low income and working class households, senior citizens, people of color, and people with disabilities, and thereby increases homelessness and crime, harms neighborhood stability and cohesion, and damages business prospects for small businesses, and

WHEREAS, the Mayor, Martin J. Walsh, has emphasized maintaining affordable housing as a central aim of his administration, and

WHEREAS, Boston’s real estate market is pushing low income families out of Boston, using no fault evictions, and

WHEREAS, the absence of a local law prohibiting a landlord from evicting a tenant without cause is a significant barrier to maintaining affordable housing in the city of Boston, and

WHEREAS, residential tenants, who constitute approximately 67 percent of the residents of Boston, would suffer great and serious hardship if forced to move from their homes, and

WHEREAS, basic fairness requires that a landlord must not terminate the tenancy of a residential tenant without good, just, non-arbitrary, and non-discriminatory reasons, and

WHEREAS, the cause eviction protections enacted in municipal jurisdictions across the country, including New Jersey, Berkeley, Hayward, Oakland, and San Francisco in California, and Seattle in Washington, have aided community stability and reduced urban problems associated with arbitrary disruption of stable households, and

WHEREAS, the general welfare of all citizens of Boston would be enhanced by a no fault eviction mediation process, Therefore, the city of Boston hereby enacts this ordinance, prohibiting a landlord from terminating a tenancy without cause.

2 - Title. This ordinance shall be known as the Just Cause for Eviction Ordinance.

3 - Purpose.

The purpose of this chapter is to defend and nurture the stability of housing and neighborhoods in the city of Boston by protecting tenants against arbitrary, unreasonable, discriminatory, or retaliatory evictions, thereby maintaining diversity in Boston neighborhoods and communities while recognizing the rights of rental property owners. This chapter is intended to address housing problems in the City of Boston so as to preserve the public health, safety, and welfare, and to advance the housing policies of the city with regard to low and fixed income persons, people of color, students, and those needing special protections pursuant to M.G.L. c. 151B, § 4.

4 - Definitions.

"Child/Parent" means a child/parent relationship in which a child is either a parent's biological child or adopted child, provided that such relationship was established prior to the child's eighteenth (18) birthday and at least one year prior to the attempted eviction. At the time of attempted eviction, a child of an owner of record must be over the age of eighteen (18) or be emancipated. “Entity” a business organization, or any other kind of organization including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship or any other category of organization and any employee, agent, servant or other representative of such entity.

"Grandchild” means a g randparent/child relationship in which a grandchild is either a grandparent’s biological grand child or adopted grandchild, provided that such relationship was established prior to the child’s eighteenth (18) birthday and at least one year prior to the attempted eviction, a grandchild of an owner of record must be over the age of eighteen (18) or be emancipated. "Health Facility" means any facility, place or building that is organized, maintained, and operated for the diagnosis, care, and treatment of human illness, physical or mental, including convalescence and rehabilitation, and including care during and after pregnancy, or for any one or more of these purposes.

"Housing accommodation” means a building or structure, or part thereof or land appurtenant thereto, and any other real or personal property used, rented or offered for rent for living or dwelling purposes, together with all services connected with the use or occupancy of such property.

"Housing authority” a public body politic and corporate created pursuant to M.G.L. c. 121B, §3.

"Landlord" means an owner of record, or lessor or sublessor of an owner of record, or any other person or entity entitled either to receive rent for the use or occupancy of any rental unit or to maintain an action for possession of a rental unit, or an agent, including, but not limited to, any person who manages, controls, and/or customarily accept rent on behalf of the owner, representative, or successor of any of the foregoing.

"Mediator” means an individual , or organization, that is a Boston city mediator or a city-approved mediator.

"Mediation completion certificate” means

a certificate verifying the landlord’s good faith participation in a City-sponsored mediation. "Mediation program or mediation" means the mediation program established in the City of Boston pursuant to this ordinance and described in § 6 A.9 (a-h).

"Notice of Lease Expiration” is a notice required by § 6 mandating that landlords provide tenants with expiring leases notice of mediation rights thirty (30) days or one rental period, whichever is longer, prior to expiration of the lease.

"Owner of record” means an entity that holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation. "Property" means a parcel of real property, located in the City of Boston that is assessed and taxed as an undivided whole.

"Qualified relative” means the owner of record's spouse, domestic partner, child, parent, grandparent, or grandchild . "Rent" means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair value of goods or services rendered to or for the benefit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. "Rental Agreement" means an agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. "Rental Housing Resource Center" means the city of Boston’s Rental Housing Resource Center.

"Rent increase” means any notice from the owner of record to increase the monthly rental amount, or provision of any new lease that has higher rental payments than the previous lease, as long as the increase in the monthly rental amount is greater than a 5 percent increase.

"Rental Unit" (aka Unit, aka Premises) means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.

"Skilled Nursing Facility" means a health facility or a distinct part of a hospital that provides, at a minimum, skilled nursing care and supportive care to patients whose primary medical need is the availability of skilled nursing care on an extended basis. Such facility must provide twenty-four (24) hour inpatient care, an activity program, and medical, nursing, dietary, pharmaceutical services. Additionally, the facility must provide effective arrangements, confirmed in writing, through which services required by the patients but not regularly provided within the facility can be obtained promptly when needed.

"Tenant" means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or any group of renters, tenants, subtenants, lessees, sublessees of a rental unit, or any other person entitled to the use or occupancy of such rental unit, or any successor of any of the foregoing. "Tenants' Advocacy Organization" means any tenants union or similar organization.

"Subsidized housing” means any housing subsidized by the federal or state government, whether through a housing authority or subsidy program, as defined in the applicable federal or state statute, whether operated by any public agency or any nonprofit or limited dividend organization. 5- Applicability. The provisions of this chapter shall apply to all rental units in whole or in part, including where a notice to quit any such rental unit has been served as of the effective date of this chapter but where any such rental unit has not yet been vacated or an summary

5- Applicability.

The provisions of this chapter shall apply to all rental units in whole or in part, including where a notice to quit any such rental unit has been served as of the effective date of this chapter but where any such rental unit has not yet been vacated or an summary process judgment has not been issued as of the effective date of this chapter and at the expiration of the lease term. However, Section 6 [6] and Section 7(A)-(E) [7(A) through 7(E)] of the chapter [Article I] shall not apply to the following types of rental units:

A. Rental units in any hospital, skilled nursing facility, or health facility.

B. Rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception.

C. Rental units in a nonprofit facility which provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception.

D. Rental units in a residential property where the owner of record occupies a unit in the same property as his or her principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units. For purposes of this section, the term owner of record shall not include any person who claims a homeowner's property tax exemption on any other real property in the Commonwealth of Massachusetts.

E. Any rental unit where the owner of record is a Boston Resident who owns four or less units and occupies one of those units.

F. A unit that is held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit.

G. Any rental unit that is owned or managed by a college or university for the express purpose of housing undergraduate or graduate students.

6 - Cause Required for Eviction.

6 A. No landlord shall endeavor to recover possession...unless

A. No landlord shall endeavor to recover possession, issue a notice terminating tenancy, or recover possession of a rental unit in the City of Boston unless the landlord is able to prove the existence of one of the following grounds:

1. The tenant has continued, after written notice to cease, to substantially violate a material term of the tenancy other than the obligation to surrender possession on proper notice as required by law.

2. The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration and under such terms which are materially the same as in the previous agreement; provided,that such terms do not conflict with any of the provisions of this chapter. [Article I Just Cause Eviction Legislation].

3. The tenant has willfully caused substantial damage to the premises beyond normal wear and tear and, after written notice, has refused to cease damaging the premises, or has refused to either make satisfactory correction or to pay the reasonable costs of repairing such damage over a reasonable period of time.

4. The tenant has continued, following written notice to cease to be so disorderly as to destroy the peace and quiet of other tenants at the property.

5. The tenant has used the rental unit or the common areas of the premises for an illegal purpose including the manufacture, sale, or use of illegal drugs.

6. The tenant has, after written notice to cease, continued to deny landlord access to the unit as required by state law.

7. The tenant has, after written notice to cease, habitually and without legal justification failed to pay rent which is due and owing.

8. The owner of record seeks in good faith, to recover possession for his or her own use and occupancy as his or her principal residence, or for the use and occupancy as a principal residence by qualified relatives.

a. Where the owner of record recovers possession under this Subsection 6(A)(8) [6 A.8], and where continuous occupancy for the purpose of recovery by the owner of record or qualified relatives is less than thirty-six (36) months, such recovery of the residential unit shall be a presumed violation of this chapter.

b. The owner of record may not recover possession pursuant to this subsection more than once in any thirty-six (36) month period,

c. The owner of record or a qualified relative must move into the unit within three (3) months of the tenant's vacation of the premises.

d. A landlord may not recover possession of a unit from a tenant under Subsection 6(A)(8) [6 A.8], if the landlord has or receives notice, any time before recovery of possession, that any tenant in the rental unit:

i. Has been residing in the unit for five (5) years or more; and (a) Is sixty (60) years of age or older; or (b) Is a disabled tenant as defined in M.G.L c. 151B, s. 4, subsections 6,7 and 7A; or (c) Has a child in K-12 education and the owner of record seeks to terminate tenancy during the school year.

ii. Has been residing in the unit for five (5) years or more, and is a catastrophically ill tenant, defined as a person who is disabled as defined by Subsection (d)(i)(b) [M.G.L c. 151B, s. 4, subsections 6,7 and 7A]] and who suffers from a life threatening illness as certified by his or her primary care physician.

e. The provisions of Subsection (d) [6 A.8.d] above shall not apply where the landlord's qualified relative who will move into the unit is 60 years of age or older, disabled or catastrophically ill as defined by Subsection (d) [6 A.10.d], and where every rental unit owned by the landlord is occupied by a tenant otherwise protected from eviction by Subsection (d) [6 A.8.d].

f. Once a landlord has successfully recovered possession of a rental unit pursuant to Subsection 6(A)(8) [6 A.8], no other current landlords may recover possession of any other rental unit in the building under Subsection 6(A)(8) [6 A.8]. Only one specific unit per building may undergo a Subsection 6(A)(8) [6 A.8] eviction. Any future evictions taking place in the same building under Subsection 6(A)(8) [6 A.8] must be of that same unit, provided that a landlord may commence eviction proceedings, claiming that disability or other similar hardship prevents him or her from occupying a unit that was previously the subject of a Subsection 6(A)(8) [6 A.8] eviction.

g. A notice terminating tenancy under this Subsection must contain the notice requirements necessary in M.G.L. Chapter 186 Sections 10-13 as well as the following:

i A listing of all property owned by the intended owner and future occupant(s).

ii The address of the real property, if any, on which the intended future occupant(s) claims a homeowner's property tax exemption.

iii A statement informing the tenant, if they are being evicted for failure to accept a rent increase, that they have a right to request mediation with a city mediator, or a city approved mediator, and that a list of community advocates, who could advocate on behalf of a tenant, during mediation, is available from the Rental Housing Resource Center. After completing mediation, if the tenant and landlord fail to agree on a rent increase, a mediator will provide the landlord and the tenant with a mediation completion certificate.

6 A.9 no fault mediation

9. The owner seeks a no fault eviction after completion of the mediation program or after a tenant fails to request mediation. The no fault mediation process shall proceed as following:

6 A.9.a no-fault mediation aplies when

a. If a landlord sends any of the following notices to a tenant, this section applies:

i No fault notice to quit.

ii Notice of rent increase.

iii Notice of lease expiration.

6 A.9.b,c landlord is required to

b. A landlord intending to not renew a lease must send a notice of lease expiration to a tenant thirty (30) days or one rental period prior to expiration of the lease period, whichever is greater.

c. Landlords shall simultaneously send a copy of all notices listed in Subsection 9(a) to the Rental Housing Resource Center. These notices shall be accessible to tenant advocacy groups.

6 A.9.d,e,f tenant is required to

d. When presented with a notice listed under Subsection 9(a), tenants may file a request for a City-Sponsored, or City approved, mediation, which shall take place no later than thirty (30) days after being requested.

e. The tenant’s request shall prompt referral, from the rental housing resource center, to a language appropriate tenants’ advocacy organization.

f. If requesting a mediation, the tenant must provide written notice to the landlord of such request within the thirty (30) day period of the no fault notice to quit.

6 A.9.g,h mediation process

g. Landlords, or their authorized agent, must mediate with individual tenants over the rental increase, or, if the individual belongs to a tenants’ advocacy organization, with the organization. Agreement is voluntary.

h. If agreement is reached during mediation, then the mediator may provide assistance in creating a record of the rental contract if desired by the parties involved.

6 A.9.i,j if no agreement

i. If no agreement is reached following service of a no fault notice to quit, then the landlord shall receive a mediation completion certificate, and only then may proceed with a no fault eviction in compliance with procedure established in all applicable Massachusetts and municipal ordinances for landlord tenant disputes including, but not limited to, MGL c. 239, MGL c. 121B,s.32 MGL c. 121B, s.32 MGL c. 139, s.19 MGL c. 184, s.18 MGL 186, MGL c. 186, s.13 MGL c. 186, s.13A MGL c. 186, s.14.

j. The landlord must file the original mediation completion certificate with the summons and complaint in order to proceed with a no fault eviction.

6 B landlord gotcha's

B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A) [6 A]:

1. The burden of proof shall be on the landlord in any eviction action to which this order is applicable to prove compliance with Section 6 [6].

2. A landlord shall not endeavor to recover possession of a rental unit unless at least one of the grounds enumerated in Subsection 6(A) [6 A] above is stated in the notice and that ground is the landlord's dominant motive for recovering possession and the landlord acts in good faith in seeking to recover possession.

3. Where a landlord seeks to evict a tenant under a cause ground, she or he must do so according to procedure established in all applicable Massachusetts and municipal ordinances for landlord tenant disputes including, but not limited to, MGL c. 239, MGL c. 121B,s.32 MGL c. 121B, s.32 MGL c. 139, s.19 MGL c. 184, s.18 MGL 186, MGL c. 186, s.13 MGL c. 186, s.13A MGL c. 186, s.14.

4. Subsection 6(B)(3) [6 B.3] shall not be construed to obviate the need for a notice terminating tenancy to be stated in the alternative where so required under all application Massachusetts and Municipal Ordinances for landlord tenant disputes.

7 - Remedies.

A. Remedies for violation of mediation requirement in no fault evictions as described in Subsection 6(9) (a-j)

1. Failure by the landlord to simultaneously send a copy of a no fault notice to quit to the Rental Housing Resource Center shall constitute grounds for dismissal.

2. Failure by the landlord to inform a tenant about his or her right to request mediation in a no fault notice to quit shall constitute grounds for dismissal.

3. If mediation was requested by a tenant, failure by the landlord to obtain a mediation certificate, prior to the commencement of a no fault eviction action shall constitute grounds for dismissal.

4. A tenant who prevails in an action brought by a landlord, for possession of the premises, where the landlord failed to obtain a mediation certificate prior to the commencement of a no fault eviction, shall be entitled to recover actual damages or three months rent, whichever is greater, costs, and reasonable attorney's fees.

5. An owner of record who evicts a tenant in violation of this chapter or any ordinance or by-law adopted pursuant to this chapter shall be punished by a fine of not less than $1,000 to be paid to the City of Boston. Each such illegal eviction shall constitute a separate offense.

6. The remedies available in this section shall be in addition to any other existing remedies, which may be available to the tenant.

B. Authorization of Corporate Counsel to enforce the Ordinance. Corporate Counsel shall have the authority to enforce provisions of this ordinance; to bring actions for injunctive relief on behalf of the city, or on behalf of tenants seeking compliance by landlords with the ordinance.

C. It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Subsection 6(A) [6 A].

8. Exemption

for subsidized housing Housing authorities and landlords operating subsidized housing are exempt from this chapter and its application for the express purpose of avoiding federal preemption.

9 - Non-waiverability.

The provisions of this chapter may not be waived and any term of any lease, contract, or other agreement which purports to waive or limit a tenant's substantive or procedural rights under this ordinance are contrary to public policy, unenforceable, and void.

10 - Partial invalidity.

If any provision of this chapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this chapter are severable

Tim's summary of just cause eviction law

back to text of the law

summary

There will be city run mediation on any rent increase over 5% and on every lease expiration or renewal where there are any changes to the rental agreement. Any time that happens the landlord has to file paperwork with the City of Boston. Mediation can then be required. There are many grounds for dismissal. The results are not mandatory unless the landlord makes a mistake. Mistakes could include: not being able to prove compliance with everything in the 41 provisions of section 6 of the law, or failure to follow the procedures in any of 20 other some odd laws or municipal ordinances, a problem with the wording on the paperwork, or a challenge to the landlord's dominant motive or good faith. If mediation happens and the tenant wins and the landlord decides not to honor it, if he doesn't file the mediation certificate just so he can be liable for damages, lawyers fees and 3 months rent. The process would start 30 days before the end of the lease, mediation would likely start after the lease had already expired and the whole process would likely take months and cost lots in time and/or legal fees.

how the building runs now

Apartments are maintained but no significant renovation takes place on an apartments while it is home to its current residents. On average 6-10 years passes between tenancies and renovation takes place then. When an apartment is listed, it is generally listed at slightly below market rates. Rents generally do not go up for current tenants for 10 years. There are exceptions; Manuel and Maria's rent went up $10/month when I did a quick renovation of the kitchen to add a requested dishwasher. After 10 year there have been rent increases of %20 which turns out to less than 2%/year. This formula works fine for the building and rewards tenants for longevity, creates a stable community and it allows households to effectively sock away at 5% a year compared to paying rising rents.

what the law means for 255 Chestnut

When a long term tenancy has ended it will be arduous and a bureaucratic and legal quagmire to make a case for a rent increase to approximate market rates. Most likely we would get rejected like we used to get rejected for rent increases under rent control. Keeping the rates steady for 10 years and then raising them 20% would also get rejected. Essentially the law punishes you for keeping your rents low. So we would have to change things. Every year, at the end of any lease, we would have to raise everybody's rent <=5%. We could then maintain control and responsibility for the building.

what the law means to me

The new law will make the house different. There will be more turnover since household don't have the stable rent incentive to stay for a while. More turnover will mean it costs more to run the building. For 255 Chestnut at least, the law will make it less 'affordable for the long-term residents'.

references

You could pay for a copy of the law or strain to see this one or you could look at my imperfect transcription

Tenants survey on proposed just cause eviction law

City Life and many progressive organization are pushing for adoption of a just cause eviction ordinance ?

1. Have you heard of the Just Cause Eviction Ordinance?

2. From what you know do you support this effort?

I support the idea of Just Cause Evictions and have gone over the proposed law to see how it would affect 225 Chestnut. From my standpoint as a landlord, these are the salient points that will affect how we run the building:

There will be city run mediation on any rent increase over 5% and on every lease expiration or renewal where there are any changes to the rental agreement. Any time that happens the landlord has to file paperwork with the City of Boston. Mediation can then be required. There are many grounds for dismissal. The results are not mandatory unless the landlord makes a mistake. Mistakes could include: not being able to prove compliance with everything in the 41 provisions of section 6 of the law, or failure to follow the procedures in any of 20 other some odd laws or municipal ordinances, a problem with the wording on the paperwork, or a challenge to the landlord's dominant motive or good faith. If mediation happens and the tenant wins and the landlord decides not to honor it, if he doesn't file the mediation certificate just so he can be liable for damages, lawyers fees and 3 months rent. The process would start 30 days before the end of the lease, mediation would likely start after the lease had already expired and the whole process would likely take months and cost lots in time and/or legal fees.

3. If you are familiar with the proposed law, does this summary of its requirement seem correct?

how the building runs now

Apartments are maintained but no significant renovation takes place on an apartments while it is home to its current residents. On average 6-10 years passes between tenancies and renovation takes place then. When an apartment is listed, it is generally listed at slightly below market rates. Rents generally do not go up for current tenants for 10 years. There are exceptions; Manuel and Maria's rent went up $10/month when I did a quick renovation of the kitchen to add a requested dishwasher. After 10 year there have been rent increases of %20 which turns out to less than 2%/year. This formula works fine for the building and rewards tenants for longevity, creates a stable community and it allows households to sock effectively sock away at 5% a year compared to paying rising rents.

4. From what you know and experience does this seem essentially accurate?

what the law means for 255 Chestnut

When a long term tenancy has ended it will be arduous and a bureaucratic and legal quagmire to make a case for a rent increase to approximate market rates. Most likely we would get rejected like we used to get rejected for rent increases under rent control. Keeping the rates steady for 10 years and then raising them 20% would also get rejected. Essentially the law punishes you for keeping your rents low. So we would have to change things. Every year, at the end of any lease, we would have to raise everybody's rent <=5%. We could then maintain control and responsibility for the building.

5. Does this seem to be a reasonable response by us as the landlords?

what the law means to me

The new law will make the house different. There will be more turnover since household don't have the stable rent incentive to stay for a while. More turnover will mean it costs more to run the building. For 255 Chestnut at least, the law will make it less 'affordable for the long-term residents'.

6. Do you thinks this assessment is essentially correct?

6. Will these changes made to accommodate the new ordinance change your view on living at 255 Chestnut?

7. Do you think you would be more likely to move out if rent increased by up to 5% a year, every year?

8. In your opinion does the overall public good of the proposed law outweigh the changes they will likely cause at 255 Chestnut?

There is a hearing on the proposed law on Monday, March 14 at 4 PM at Boston City Hall

letter to tenants

Dear residents of 255 Chestnut,

City Life and many progressive organization are pushing for adoption of a just cause eviction ordinance. There is a hearing on the proposed law on Monday, March 14 at 4 PM at Boston City Hall. I have studied how this proposal will affect 255 Chestnut. The text of the ordinance can be squinted at or pruchased here: this one or you could look at my imperfect transcription. I have summarized its affects put most of that in a survey for you. I end up supporting the intention but not the implementation. I would appreciate your feedback.

here is the survey

Hmm it wouldn't let me ask the last question unless I paid them. It is

In your opinion does the overall public good of the proposed law outweigh the changes they will likely cause at 255 Chestnut?