Condominium conundrum concerns community
By George P. Hassett

     The city of Somerville is inviting a lawsuit it will lose if it accepts Mayor Joseph A. Curtatone‚Äôs proposal to amend the city‚Äôs existing laws governing condominium conversions, said Alderman-at-Large William A. White tonight.
     ‚ÄúWe are going down a dangerous path,‚Äù said White, prompting loud applause from a standing room only crowd of onlookers inside the Aldermanic Chambers. ‚ÄúI have disagreed with the city‚Äôs legal analysis before and I was vindicated. I have been a lawyer for 25 years. I have represented tenants and I have represented landowners and I know that what you are proposing tonight will be struck down in court.‚Äù

    White said Curtatone‚Äôs proposal violates state law because it aims to regulate two and three family homes being converted into condominiums.
    ‚ÄúState law says we cannot regulate buildings with fewer than four units. I would like a detailed memo on why this would be legal,‚Äù said White to Ann Thomas, an attorney with the city‚Äôs law department.
    White asked Thomas to name one other city or town that regulated owners of two and three unit dwellings who want to convert their properties. Thomas, at a loss, paused and said, ‚ÄúThere are some. I don‚Äôt know. Somerville?‚Äù prompting more applause in the chamber.
    ‚ÄúThe ordinance is still improving, we don‚Äôt expect to have it passed in its present form,‚Äù said Thomas.
    Between July 2004 and June 2005, 578 condominium units were created in the city, a 70 percent increase over the prior fiscal year. Current conversions are expected to meet or exceed last year’s pace. The conversions have been a needed boost to Somerville‚Äôs economy, which relies mainly on residents to fund municipal services because of the lack of a significant commercial tax base.
    Critics say conversions force out long time residents, taking away from the city‚Äôs unique character.
    Curtatone‚Äôs proposal would increase notification times — to up to four years — that landlords would be required to provide before converting their multifamily buildings into condos and selling off the units. Somerville’s current rules for conversion require landlords to give tenants one year’s notice of a conversion. The elderly, handicapped, and low income residents have two years.
    Under current law, landlords pay $300 in relocation reimbursement to low-income tenants. The new provision would require paying $2,000 or one month’s rent to tenants, and $4,000 or two months rent to the elderly, handicapped, and those with low incomes.
    At the May 16 public hearing, 18 people spoke in favor of Curtatone‚Äôs proposal with only four speaking against it. The hearing was not well attended or widely publicized.
    That was not the case for tonight‚Äôs meeting when well over 100 people packed City Hall, most loudly protesting the proposal.
    Curtatone said the large turnout was caused by a malicious mailing from the Cambridge-based Small Property Owners Association, which distorted the facts, incorrectly claiming his proposal was ‚Äúback door rent control.‚Äù
    ‚ÄúThere is a considerable amount of misinformation circulating,‚Äù said Curtatone. ‚ÄúThe proposed ordinance is looking to strike a fair balance between the rights of landlords and tenants. That letter has created anger, concern, and fear in our community.‚Äù
    ‚ÄúAt least that letter got people here,‚Äù yelled a woman from the audience in response.
Committee Chair and Ward 3 Alderman Thomas F. Taylor said the proposal would go back into the committee for further discussion.