A repeat fight for landlords

Bylaw petition is back on warrant

A group of Milford landlords is hoping the third time's a charm in their fight to quash a 2006 bylaw that allows the town to closely control the maximum occupancy of rental units. The group's latest effort is a 17-signature petition that will have an article seeking the bylaw's repeal going before voters at the May 19 Town Meeting.

The bylaw is meant to combat illegal overcrowding in Milford's approximately 4,000 rental units, town officials say.

The landlord group first brought a repeal request to Town Meeting last fall, when its petition article - bearing over 200 signatures - was voted down. In January, the Milford landlords filed a still-unresolved lawsuit seeking to have the bylaw declared unconstitutional and invalid.

The lead signature on the current petition article belongs to Helen Wright, a 74-year-old landlord of just a single rental unit, who says the bylaw infringes on her Fourth Amendment rights to privacy.

"I don't think anyone has a right to come in and inspect the premises without just cause," said Wright. "The police can't do it and the Board of Health shouldn't be able to, either."

Wright, who also signed the first petition, said that while she supports the lawsuit's attempt to invalidate the bylaw, she could not afford to play a role in filing it.

She also said she strongly believes that the petitioners deserve the right to voice their concerns with the bylaw, an opportunity she says she wasn't afforded last fall.

"At the last meeting, there were a lot of people there that wanted to talk that didn't get a chance to. Town Meeting allowed one person to speak in favor of the article, and allowed several people to talk against it," she said. "It all seemed well rehearsed."

Selectman Bill Buckley said the voters have already spoken on the housing bylaw, which he described as effective.

"Town Meeting has had unwavering support for the bylaw in an attempt to manage what clearly has been an overcrowding problem that has been out of control," he said. "It's certainly impacting health of residents, and obviously impacting quality of life in neighborhoods."

Opponents cite the costs associated with the bylaw, which charges landlords of nonowner-occupied units a $50 registration fee, and an additional $15 to renew each unit annually. It also requires landlords to register their units and allow inspectors from RMX Northeast Inc., an outside contractor hired by the town, into rental units to determine the maximum habitable space for town records. RMX Northeast may also report any obvious overcrowding or code violations to the Board of Health.

The landlord group contends that the town passed the bylaw to fight illegal rooming houses in residential properties, often used to house Milford's rising immigrant population.

The lawsuit, championed by Portuguese Cultural Alliance president Maria Valenca, is awaiting a ruling in Worcester Superior Court. Milford's town counsel, Gerald Moody, said he expects to hear an answer any day now.

"We have answered the complaint and are awaiting a decision," said Moody.

In the meantime, Wright said, she and her peers are not giving up without more of a fight.

"At the very least, we deserve to be heard," she said.