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By Gintautas Dumcius
Reporter Correspondent
In case lawmakers at the state level aren't able
to pass legislation that would protect tenants and
former homeowners from eviction in foreclosed
buildings, city pols say they have a back-up plan:
passing their own legislation.
Following the proposal recently filed by state
Sen. Dianne Wilkerson, Councillor Michael Ross and
others offered a similar plan this week that would
mandate Boston owners seeking to foreclose have
"just cause" in evicting local tenants, which they
say will protect tenants who are paying rent and
living at the residence legally.
The "home rule petition" needs the approval of
the City Council and the Legislature. The plan
would allow residents to contest convictions in
Boston Municipal Court, Suffolk Superior Court, or
Boston Housing Court, and would impose a fine of
$10,000 on foreclosing owners who violate the
plan.
The city is on pace to break 2,000 foreclosures
this year, according to Ross. In 2007, there were
703 foreclosures in Boston, up from 261 in 2006,
according to Ross's office. This year, through
March 15, there were 246 foreclosures, compared to
85 foreclosures in the same period last year.
"It's a wasteful process, the current
foreclosure process," Ross told the Reporter in a
phone interview, pointing to homes sitting vacant
in neighborhoods because of evictions.
The petition has the support of Councillors
Michael Flaherty, Chuck Turner, Steve Murphy,
Charles Yancey and Sam Yoon, and was due to come up
at Wednesday's City Council meeting.
Justin Holmes, a spokesman for City Council
President Maureen Feeney, said Feeney is
"supportive of the concept" but reserves the
opportunity to add her name and support during the
meeting. "The foreclosure crisis has had a
disproportionate impact on the Dorchester
neighborhood and we must consider all measures to
protect homeowners and tenants," Holmes said in an
e-mail.
Ross said the group is working on two other
bills, also modeled on Wilkerson's legislation.
One would deal with obtaining court reviews of
all foreclosed mortgages and the second would deal
with the creation of a moratorium on all
foreclosures until court review is mandated. "The
other two we're going to work on soon," he
said.
A top activist with City Life/Vida Urbana
praised the home rule petition and noted that some
judges have shown some leniency in several recent
cases.
Steve Meacham, a tenant organizer with the
group, said the petition would help combat the
evictions that are coming "fast and furious now,"
since the group is currently relying on procedural
measures to make it difficult for banks to
foreclose on the homes.
In three cases in the last week, the court
granted between a dozen to thirty days for tenants
to stay in their homes.
"We think people sign these things under
intimidating pressure," Meacham said of papers the
banks give to tenants. But "[t]he
fundamental situation hasn't changed," despite the
"genuine" sympathy from some judges, he added.
Meacham said he expects a hearing on the
petition later this month. Wilkerson's bill is also
on a fast track for a hearing at the State House,
but faces a full slate of borrowing bills, the
state budget, and other matters ahead in the long
waiting line for legislation.
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