What is cross-metering?

   In Massachusetts, in general, a landlord is required to pay for a tenant's electric and gas utilities unless, there is a separate meter which serves only the dwelling unit or other areas that a tenant uses exclusively and a written lease which states that the tenant is responsible for those utilities.  If a tenant is paying for electricity or gas other than the electricity he or she is using in the unit, then, often times, one uses the term cross-metering.

    Because of the way the Sanitary Code regulations are worded, if you are renting and paying for more than just your unit's electric or gas, you should not be paying any of it.  The remedy is not to figure out what percentage of the bill is from your electric use.  Rather, the remedy is that you are entitled to reimbursement from the landlord for the entirety of those utility bills.

     Further, the Consumer Protection Statute regulations, Section 3.17 that it is an unfair practice for an owner who is obligated by law to provide gas or electric service and fails to provide such service.  As we have noted previously, when a defendant engages knowingly or willfully in unfair or deceptive acts or practices, they can be subject to punitive damages.

     If you own a building, particularly a small building (2-3 family unit), take care to ensure that the units are each only paying for their own utilities.  If you cannot make the determination, then prior to renting the unit, adjust the rent to include utilities to avoid any issues with your tenants.

Finding a Good Landlord

I've written and given talks about how a landlord can find a good tenant, but after reading Boston Magazine's article "Lord of the Sties" last week, I began to think about how a tenant can find good landlord.  It is more difficult for a tenant to research a landlord, because violations from Inspectional Services or the local Health Department are not generally available online.  Here are some questions to ask and some research to undertake.

First, when you look at the apartment, pay close attention to the condition of the common areas as well as the apartment.  Look up at the ceiling -- do you see water stains?  Look at the floor -- is it cracked?  Is there a lot of dirt and garbage accumulated in the corner?  If there is laundry in the building, what does the area look like?  Are there water stains in the basement?

Second, ask questions.  Ask whoever shows you the apartment.  If you see anyone in the hallway, ask whether they like living in the building.  Ask about the landlord.  Ask why the tenant moved out.  Maybe you will get a real answer, maybe not, but you certainly won't know if you don't ask.

Third, if you can go back to the building without the manager or real estate agent, do so.  Because of building security, this may not be possible, but if you are looking in the spring or summer maybe you can find some people leaving the building and, without stalking them, ask some questions.

Fourth, research your landlord.  Find out his or her name and Google that person.  If you have time, go to the Inspectional Services Department or Health Department for the city or town in which the apartment is located and ask to see records for that building.  Anytime there is a violation of the Sanitary Code, the inspectors are supposed to write up the violation.  These records are public record, they just are not online. Further, a town inspector probably knows which landlords are better and which are worse, particularly if you are dealing with a smaller city or town.  Court records may not be as helpful because there are generally claims and counterclaims between landlord and tenant and unless you review the entire file, it may be difficult to determine whether there really are condition issues.

Finally, go with your gut.  If you have a bad feeling about the apartment, then don't rent it, no matter how good a deal it might be.

More on Lead Paint

Last year, we wrote about  the landlords’ obligations to disclose the presence of lead paint in rental units and the penalties for failing to disclose.  Click here to see our earlier post.  In March, the Attorney General Martha Coakley’s office announced a $75,000.00 settlement with a landlord based on discrimination and retaliatory practices by the landlord in renting units with lead paint.  The settlement is reportedly the largest fair housing settlement to date while Martha Coakley has held the Attorney General position.

The landlord, who is an attorney, allegedly attempted to evict tenants with young children because he did not want to de-lead the unit.  Additionally, the Attorney General’s office alleged that the landlord failed to properly disclose the presence of lead paint in the rental units, rented units with lead paint to tenants with young children, refused to repair unsafe and unsanitary conditions, and retaliated against tenants when they reported violations to the local boards of health. 

As this recent settlement demonstrates, anyone, even an attorney,  can run afoul of the lead paint laws.  In this case, the landlord had not only civil claims against him, but claims by the the Attorney General’s office, as well.  In our prior blog post regarding lead paint, by the U.S. Environmental Protection Agency fined several management companies for its practices.  There is no shortage of ways landlords can find themselves in a bind when they fail to heed their obligations under the lead paint statutes.

Snow Removal, Who is Responsible?

   Winter finally found us her in New England after its complete absence last year and a late start this year.  This weekend, the meteorologists are predicting our third snowstorm in as many weekends.  The question is, who is responsible for the shoveling?  The tenant or the landlord.  The answer is, it depends.

     In most instances, the landlord is responsible for keeping the "exterior stairways, fire escapes, egress balconies and bridges free of snow and ice."   However, if a unit has an independent entrance/exit which is not shared with other occupants, then the Landlord can require the tenant to shovel that particular egress, so long as it is in a written lease. In effect, if you are a Landlord renting a whole house or perhaps if you have a multifamily where each unit has its own separate entrance/exit, then you can require your tenants to shovel their own walks.  Otherwise, you, as the landlord have that responsibility.

    This obligation, however, does not appear to extend to any parking area.  However, as a practical matter, you may want to hire a plow service (and make sure you factor that into the rent when you figure out how much to charge) to avoid disputes between tenants, make sure the snow is not dumped into the street and generally to keep tenants happy.

Landlords, Tenants and Carbon Monoxide Detectors

    There have been a number of news reports about carbon monoxide poisoning due to generators running during the storm, blocked heating exhaust pipes and blocked car exhaust pipes.  There is no question that carbon monoxide is an odorless gas that can quickly overwhelm a person.

    Landlords are obliged to provide both carbon monoxide detectors and smoke detectors under the State Sanitary Code.  In order to determine the requirement(s) for your building, you should be in touch with your local fire chief.  Aside from the fact that violations of the Sanitary Code can lead to monetary sanctions, the failure to have properly installed detectors could lead to deadly consequences -- a burden no landlord should want on his or her conscience.  Landlords should check to make sure that the furnace exhaust and the dryer exhaust is not blocked by snow.  This is a simple and easy fix that everyone should undertake anytime there is a significant snowfall.

   If you are a tenant make certain that you have carbon monoxide detectors and check your exhaust vents.  Don't wait for the landlord to make his or her way over to you.  If you don't have carbon monoxide detectors, be in touch with your landlord immediately.  If your landlord can't attend to it quickly, then notify him or her in writing that you will be purchasing the detectors and deducting the cost from your rent. Alternatively, call your local inspectional services department or health department.  Check your exhaust vents as well.  If they are blocked and you can do so, clear them and let your landlord know.  If they can't be easily accessed due to brush or excessive snow, let the landlord know.  I'm not usually this dramatic, but your life may depend on it.