Support, Housing, Community
P.O. Box 440436, Somerville, MA 02144
P: 617.623.6111 F: 617.776.7165 TTY: 617.776.0750
Homeless Prevention
Case Management
Supportive Housing
Family & Adult ShelterProject SOUP
Board of Directors
President
Thomas WhiteVice President
Adam HornstineTreasurer
Peter ButkusClerk
Gisela MargottaJeffrey Bernstein
Wesley Blair
Kristin K. Broderick
Tom Cornu
Conrad Crawford
Laura Gitelson
Michael Kruczek
Stephanie Linakis
Sarasvati Lynn
Tom Matthews
Deborah Morgan
Carol Sexton
Andrea Snyder
Diane Sullivan
Serena Taylor
Thalia Tringo
Jeffrey Waxman
Executive Director
Mark Alston-FollansbeeDeputy Director
Michael Libby, LCSW
Director of Programs
Lisa Davidson
Director of Development
Kathryn Benjamin
Director of Finance
Lynn Acciard
October 5, 2017
Office of the General Counsel
Massachusetts Department of Public Health
250 Washington Street, Boston, MA 02108
RE: TESTIMONY REGARDING 105 CMR 410.000: STATE SANITARY CODE CHAPTER II: MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
On behalf of the Somerville Homeless Coalition(SHC) and the more than 300 homeless guests and tenants we serve annually in our emergency shelters and housing, I am writing about our significant concerns with the proposed and unnecessary changes to 105 CMR 410.000 standards as they relate to our two homeless shelters totaling 36 beds and all of our owned congregate houses and leased scattered site locations totaling more than 270 beds. This is a statewide issue as it would affect many shelters and charitable housing providers across the commonwealth.
The Somerville Homeless Coalition is committed to the dignity and respect of all our guests and tenants. While we believe that shelters are not the answer, because of the homeless emergency we provide our guests in need of shelter with the safest and most supportive facilities we can. Our shelters and housing units also meet standards established by the City of Somerville Inspectional Services Department, City of Somerville Police Department, City of Somerville Fire Department and obviously the Department of Public Health (DPH).
Requiring shelters and SRO housing units to meet the proposed changes – most particularly the ratio of bathrooms and amount of square feet per bed - would create significant upheaval in an already fragile, overtaxed and under-resourced homeless shelter system, resulting in the reduction of much needed shelter beds and the possible eviction of tenants in existing housing units that meet the current standards but would not meet new standards. There would be a loss of existing stock of low income housing which would be devastating in a state with such high housing costs.
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Specifically, the following proposed regulations are problematic:
a.410.110: Private baths. “The owner shall provide a room, with a door capable of being closed to afford privacy … and is accessible from within the building without passing through any part of another dwelling unit or rooming unit that contains the following …” This is not practical for public-style bathrooms found in our shelters.
b.410.220: Light switch regulated ventilation. “Readily accessible means for shutoff (of ventilation), which may be in conjunction with a light switch.” This is not realistic or desired in the public-style bathroom found in our shelters.
c.410.270.(B): Provision of keys. “The owner shall provide a key to the occupant for: (1) The main entry door; and (2) The occupant’s residence.” While we do comply with this in our stand alone lodging houses, this is impractical in shelter due to security concerns.
d.410.420.(D).(4): Square footage per bed ratios. “In every residence, each room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.” Beds in shelter are configured dorm style and could not meet this requirement. There are a number of lodging house units state wide who do not meet this requirement and we would lose units if we had to adjust current square footage requirements.
e.410.560.(E).3 and 410.010 (Definitions): Pest control. “An owner required by 105 CMR 410.560(D) to implement an IPM plan shall maintain a record documenting the following activities conducted within the residence: … (3) The date, location, product name, and name of any person applying pesticides...” While SHC applauds DPH for requiring pest management programs, the regulations as written remove the obligation from Pest Management vendors and places the burden of that expertise on owners. Further, while <name of agency> meets all federal regulatory compliance for chemicals used to manage pests, we strongly feel that the Department’s written preference for chemicals that “maximize public safety and reduce environmental health risks” is overreach and will significantly increase the number of treatments needed and thus payments to pest management specialists. The proposed changes are financially deleterious to rooming house owners including SHC, and set standards far above similar standards for apartment owners and individual home owners.
f.400.100.(E): Increased kitchen sanitation. “The owner of a rooming house where shared kitchen facilities are provided…sanitized once every 24 hours.” SHC meets all current sanitization codes in housing facilities’ kitchens and this increased frequency would add undue and significant costs.
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g.410.270.(A).(3): Mandated striking mechanisms. “The main entry door of a residence containing more than three dwelling units shall be so designed or equipped …including a lock with an electrically-operated striking mechanism.” Given the nature of our guests’ significant mental health this requirement would create significant safety concerns.
h.410.620.(E), 410.010 (“Chronic Dampness”), 410.500.(C): Frequent moisture/mold/air quality testing. The Somerville Homeless Coalition monitors its buildings closely and initiates moisture, mold and air quality testing when specific environmental indications in our housing requires them. The noted change in the regulations, however, require frequent and expensive air quality testing regardless if there is a need or not. While this will certainly create a state-mandated boon for air quality vendors, the requirement would cost our charitable organization too much. It might also certainly result in the closing of units for many small housing owners, or an exponential increase in rental rates, which in turn would result in the eviction or displacement of many tenants who would return to the streets.
To avoid deleterious and unintended impacts on our guests and tenants, and undue financial burdens on providers, we propose the following Language:
1)Change 410.002.(B) (3) Scope to:
“(B) The provisions of 105 CMR 410.000 shall not apply to any dwelling, residence which: (3) is a residential facility, homeless shelter that is licensed/regulated by an agency of the Commonwealth or the federal government.
2)Insert a new Section 410.420(E): “In no event shall the foregoing provisions of 105 CMR 410.420 be deemed to prohibit the continuing use of any rooming unit which met the minimum square footage and other dimensional requirements imposed by 105 CMR 410.000 prior to [INSERT EFFECTIVE DATE OF AMENDMENTS].
While we are concerned about the unnecessary societal and financial implications of these proposed changes, we do support DPH proposals to obligate rooming house owners, within certain limits, for snow removal and pest management planning.
REQUEST FOR PROVIDER DIALOGUE
Has there been an influx of sanitation concerns that has prompted these changes? We welcome a dialogue on these concerns and also how we, along with the Department of Public Health, can appropriately apply the codes to the challenges facing homeless men and women both in shelter and in lodging houses. We appreciate the opportunity to
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comment on these regulations and look forward to working with you as the process moves forward. Thank you for your time and attention to our concerns and suggestions.
Sincerely,
Mark Alston-Follansbee
Executive Director