JoAn Geissler
‘Unfair’ portrayal of landlords

After a spate of murders and other violent crimes in New Bedford, the city’s mayor and other officials recently announced an effort to crack down on the owners of properties that are viewed as crime-ridden nuisances.

Under a crime-fighting initiative dubbed Operation Make Safe, the city has initially targeted six properties that neighbors have complained about and that police and city inspectors have visited dozens of times. The city filed complaints against those properties in Superior Court requesting that the court find them to be either public, private or common nuisances and ordering the owners to take immediate steps to address the conditions.

Mayor Frederick M. Kalisz vowed to target more problem properties as part of Operation Make Safe, promising to seize homes under the state receivership program and sell them to first-time homebuyers if the owners failed to properly maintain crime-free environments.

The initiative is receiving mixed reactions in the city, which is struggling to get a handle on its rising violent crime rate. While some in the community welcomed the mayor’s get-tough approach on neglectful landlords, some property owners expressed reservations.

Jose S. Castelo, a New Bedford Realtor who owns property in the city, was particularly disturbed when he saw a photo of the mayor in a local newspaper announcing the effort while standing in front of a home that he had sold just days ago to a Boston investor. A few days earlier, a 14-year-old boy who had been stabbed to death was discovered lying in a hallway of the home.

“I thought it was very unfair,” said Castelo.

Castelo said he and other responsible landlords try to be selective about the tenants to whom they rent and most property owners will take action if they discover that tenants are engaging in illegal activity. “We have to be as selective as we can without discriminating,” he said about choosing tenants.

Castelo also questions how the city could legally take people’s properties and sell them. “I’m not sure if they have any legs to stand on,” he said.

Instead of going after property owners as a way to reduce crime, Castelo believes that increased police presence in high-crime neighborhoods is a better tactic.

“The fact of the matter is there are some areas that have been neglected and [city officals] are taking measures to correct these problems,” said Castelo, who noted that he has noticed more police patrols in some New Bedford neighborhoods.

Landlords ‘Left Out’

JoAn Geissler, president of the Massachusetts Rental Housing Association, a group that represents landlords throughout the state, noted in an e-mail how difficult and time-consuming it can be for property owners to evict troublesome tenants. According to Geissler, it could take at least three weeks after a property owner seeks an eviction before a court hearing even takes places – all the while giving tenants the opportunity to continue illegal activity.

“Most property owners work very hard at keeping their property free from drug dealers, prostitutes and the like,” said Geissler. “There is, as in any industry [or] business, the small percentage that is not responsible or reputable, and will allow illegal activities to occur on their property. Those owners should be prosecuted to the fullest extent of the law. However, to paint the property ownership with the broad brush of irresponsibility is categorically unfair.”

“We have suggested time and time again that communities work together with property owners in a task-force approach to the problem. But we are usually left out of the equation,” added Geissler. “The New Bedford city fathers would be wise to call a summit of property owners, law enforcement officials, government officials and members of the Housing Court. Instead of targeting a small percentage of property owners as the answer to the city’s problems, this would be a perfect time to find more permanent remedies to what has been an ongoing issue.”

Under New Bedford’s proposal, the city would engage in a five-step process to deal with problem properties. The city’s Police and Inspectional Services departments would identify “troubled” homes based on a review of police calls, Department of Inspectional services reports, tax title information and general complaints from the neighborhood.

According to information provided by the mayor’s office, the properties identified as problems would be reviewed by the neighborhood liaison, the police chief and the inspectional services commissioner, who would the refer properties to the city solicitor for further action if the “condition or activities of the parcel materially interfere with the physical comfort of existence.”

According to the mayor’s public information officer, New Bedford landlords have responded positively to the city’s efforts.

“In general terms, the response has been positive,” said Bernadette Coehlo, the city’s public information officer. Coehlo said landlords appreciate that the city is “stepping up to the plate” and holding “less responsible property owners” accountable for activities that occur at the homes they rent.

“The city is not in the business of taking property away,” said Coehlo, noting that the goal of the program is to bring problems to the attention of property owners and ask them to take a more active role in addressing them.

Owners of four out of the six properties that the city has filed complaints against live outside of New Bedford. Already, some of those landlords have made an effort to respond to the city’s concerns about the properties, according to Coehlo.

“That’s what we’re looking for,” she said.

After city officials inspect properties identified as problems, the city could then file a complaint with the Superior Court naming both the owner and tenants as defendants. Owners would have 14 days to rectify the issues. The city would also seek a permanent injunction ordering the owner “to permanently implement all necessary actions to manage the property in a reasonable fashion” and presenting a plan to maintain a safe environment to the court within 30 days.

In addition, the city would be able to seek damages for overtime costs accrued because of increased police patrols, inspectional service visits and other city costs. Tenants who have not had any police complaints filed against them during the past two years would be able to get assistance from the city to relocate.

If the owner refused to take “reasonable actions to manage” the property, the city would seek assistance from the attorney general’s office and the Housing Court to have the director of the Office of Neighborhoods and Community Development, or a designee, named as the receiver of the property. Once the receiver was named, the property would be repaired and sold through a first-time homebuyer program that requires that at least one of the units in property be owner-occupied for at least 15 years.

For his part, Castelo is trying to remain optimistic that the city’s recent efforts to reduce crime will pay off.

“I think that whatever happened in the last few weeks is very unfortunate for the city, but I think there’s going to be a turnaround,” said Castelo. “I already see a positive mood because the police are more visible. I think in the next few months we’ll see a big change for the better.”