Wednesday, October 26, 2011

Illegal Apartments

You may have read about that horrible fire in Quincy in 2009 that killed a father and his two young children and left the mother in critical condition. Yesterday, the landlord pleaded guilty and was given a six month to 2 1/2 year prison sentence.

This is a terrible story on many levels. This story is a cautionary tale to landlords. First, the family was living in an illegal apartment in the basement of the multi-family. Even in these difficult economic times, when it seems important to make every penny, do not rent out illegal apartments. State building codes mandate that basement apartments have proper egresses. This means that one access from a Bilco door is probably not sufficient. If you purchased a building, particularly a multi-family, you should not assume that the basement apartment is legal, no matter what the prior owner told you. I had a client a few years ago who purchased a multi-family and had folks living in the basement. She was gravely concerned of the very scenario that came to pass in Quincy. Unfortunately, the tenants would not cease living in the basement area (it was a 1st floor/basement unit) and we had to take numerous steps to ensure they stopped.

Further as I understand the unit in Quincy did not have smoke detectors. It is Massachusetts Law that all units must be equipped with smoke detectors and carbon monoxide detectors. If you are a tenant living in a basement unit, take the time to call your city or town building inspector and find out if your unit is a legal one. In my opinion, no matter how cheap the rent is, it is not worth your personal safety.

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