At its regularly scheduled meeting on February 5, the Programs and Services Committee reviewed an ongoing challenge: the chronic problem of a “distressed property,” rodents, and hoarding. Although the docket item included city-wide management, the discussion centered on a particular property in a Nonantum neighborhood that has been a continuing concern for the neighbors, abutters, local City Council members, and several City agencies.
Alison Leary, a Ward 1 Councilor, docketed the item because she wanted “a meeting of the minds” to discuss “what we can do as a community to help people who are struggling.” Ward 1 Councilors John Oliver and Maria Greenberg were on hand, as were Health and Human Services Commissioner Shin-Yi Lao, Inspectional Services Department Commissioner Anthony Cicciarello, and Attorney Jonah Temple from the Newton Law Department. Both Commissioners responded that the issues were difficult, involved other agencies, and took time. According to Commissioner Lao, lack of funding for “pest control” was also a factor.
Councilor Oliver said that the challenge is the balance between residents who need help and the ”quality of life” for their neighbors and abutters. He wanted to know what was the “right way to deal” with the situation, which “has been going on for as long as I’ve been in office [four years].” But Attorney Jonah Temple disagreed, saying, “We are not balancing the interests of homeowners versus abutters. We are trying to remediate issues as soon as possible.” He emphasized the value of “buy in” from owners, rather than “escalating” to court orders. Moreover, he stressed the pre-eminence of private property rights.
Councilor Leary asked about the danger to firefighters entering a house that was structurally unsound or difficult to enter because of hoarding. According to Commissioner Lao, in cases of suspected hoarding, inspectors may view the outside of the property and, with the permission of the property owner, may allow inspectors to enter. Inspectors can discuss pest control options and make clean-up recommendations.
Attorney Temple contended that hoarding is often not visible from the outside, and the City would need “probable cause” and approval of multiple City agencies to apply for a court-ordered search warrant allowing multiple City officials to enter the property to evaluate violations. Councilor Leary responded that it seemed a contradiction between saying that officials cannot enter a house, but need to go into a house to determine violations. When asked if the City has ever gone to court, Mr. Temple said that he could not think of any instance. He thought he had drafted — but never delivered — a request for an administrative search warrant.
“It seems like it’s taking years to remedy the situation. Isn’t there something we could do by ordinance?” Councilor Pam Wright asked Mr. Temple. He said that he thought the Law Department was working on a home-rule petition for the State Legislature to raise the violation fines above the current $300/day, but he said the City and State need to prioritize property rights.
Councilor Alan Lobovits asked Commissioner Lao about the science of how to talk with hoarders. He wanted to know if there had been research on the subject. In a post-meeting conversation with Fig City News, Councilor Lobovits said he wanted changes in law to be based on research and scientific evidence, none of which he said was included in the meeting. Noting the complexity of the issues, he said he wanted to know how other communities are dealing with these problems.
Councilor Greenberg urged that the City provide the abutters and neighbors regular updates because, she said, people feel the City is not acting. Mr. Temple responded that while he could not reveal anything about any interaction between the Law Department and the property owner, he could share some information about what the City is doing.
Following the meeting, Mairead Devlin, who lives in the affected area, told Fig City News that the rodent infestation was having a negative impact on the neighbors. She noted that people no longer sit outside on their porches, and she and her husband gave away their grill. She reported that she and neighbors were spending money on exterminators. Both the front and back of the affected property were strewn with litter and organic waste. She said the property was having a negative impact on the neighboring property values as well.
Conceding that the options are limited, Councilor Leary told Fig City News that she thought that the City’s Health and Human Services Department could be more “communicative.” She said, “We agreed that the neighbors should be getting regular updates” from Commissioner Lao describing what has been done and what is planned. She wants to talk to neighbors about minimizing the impact of rodents and is interested in organizing a community clean-up of the property. But she said she would check first with the Law Department to avoid disrupting any ongoing agreements. “No one is willing to force the people out,” she said, hoping that the family would continue to engage with the City.