Town of Arlington, Fair Housing Action Plan (July 2021)

Citation: Town of Arlington, Fair Housing Action Plan (July 2021)
Jurisdiction: Arlington (municipal)
Source: Official source
Original Source: https://www.arlingtonma.gov/home/showpublisheddocument/57214/637641171662530000 ↗

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Code Enforcement
Arlington’s Health Department ensures all residential properties are in safe and habitable condition through
enforcement of 105 C.M.R. 410, the Massachusetts Housing Code. The impacts of code enforcement on fair
housing can cut both ways: underenforcement of code violations in lower cost and rental housing puts buildings at
greater risk of falling into disrepair. This malign neglect can cause unsafe living conditions for residents of
protected classes, or it can force those residents to seek housing outside of town. Conversely, overenforcement,
particularly the use of condemnation, can displace residents in protected classes. This balancing act has been
noted by HUD and has been the subject of federal court cases.
The number of housing inspections conducted jumped from 42 in 2010 to 152 in 2011, rising to a peak of 220
inspections in 2015, then falling to 172 in 2018, the latest figure available. Per the town reports through 2016,
inspections typically result from an occupant’s request for inspection by town officials. Common violations include
unsanitary living conditions, insufficient heat, water damage, leaking plumbing fixtures, lead paint
determinations, and insect and rodent infestations.
Assessment: By focusing on occupant-reported housing code violations, the Town ensures that it is focusing its
resources on resident-identified needs. However, by putting the onus on the resident, it also leaves occupants of
unsafe housing vulnerable to landlord retaliation if the residents seek to address unsafe conditions. Indeed, one
focus group participant recounted a situation in which they did not report concerns because their highest priority
was to maintain shelter; another suspected that a recent complaint to their landlord resulted in the buildings’