Katelyn Baker
Well-Known Member
Despite the promise of landlords and housing authorities having the right to ban homegrown marijuana under the new voter-approved recreational use law, there are still concerns about cultivation and use in those settings.
The law will go into effect Dec. 15, barring a delay.
George C. Valeri of Worcester, who owns 120 units in 24 apartment buildings, said, "I'm not in favor of" the law. "Unfortunately the liberals of Massachusetts have accepted it."
Mr. Valeri, who does not allow smoking in his buildings, said he will have a one-strike-and-you're-out policy on marijuana use. "It's like somebody getting drunk and they make an ass of themselves. My alternative is to evict them if they don't stop drinking. Same thing with the marijuana. If they want to smoke and make an ass of themselves, they get one warning. Get your act together or you're moving."
In terms of the allowance to grow up to 12 marijuana plants per household, Mr. Valeri said he would be against marijuana cultivation in his apartments. He said he will include new language to that effect in his leases.
When Worcester Housing Authority Executive Director Alex Corrales was asked about concerns about the marijuana law, he pointed to "smoking shelters" on the grounds of three WHA properties.
Although smoking is not allowed inside of any housing authority building, it is allowed in the smoke shelters at Belmont Tower Apartments, Pleasant Tower Apartments, and Curran Terrace on Providence Street.
Early last week, Mr. Corrales expressed concern that an argument could be made that marijuana smoking could be allowed inside of the three smoke shelters when the law takes effect.
However, Mr. Corrales checked with state and federal housing officials and confirmed that the Belmont, Pleasant and Curran properties are owned by the federal government, and not the state.
Given that smoking marijuana remains illegal under federal law, Mr. Corrales said the government rule prevails.
The Worcester Housing Authority has two state-owned properties, Curtis Apartments on Tacoma Street and Greenwood Gardens on Greenwood Street. Mr. Corrales said he's thankful smoking shelters were not installed on the grounds of those locations.
"Sometimes you get lucky," Mr. Corrales said with a laugh.
More broadly, landlords throughout Massachusetts might be at risk if their leases don't contain language prohibiting smoking, says Jordana Greenman, a landlord lawyer in Boston and a member of the real estate section of the Massachusetts Bar Association.
The important thing about marijuana, she said, is that it's not legal under federal law.
"And so, to the extent that you are a tenant in Massachusetts, you are required to abide by the law, and a landlord is allowed to not run afoul of federal law, so the landlord could potentially evict you for smoking marijuana inside the apartment," Ms. Greenman said.
Leases don't have to spell out prohibition of smoking marijuana, because "smoking is smoking," she said.
The lawyer said she believes that tenants, particularly college students testing the system, will immediately challenge the recreational marijuana law.
"But they might not be smart enough to realize a lot of them did sign a lease, and the word 'smoke' is vague and is not limited to cigarettes in their lease," she said.
As a practical matter, Ms. Greenman points out that proving a tenant has smoked in the apartment is close to impossible.
That's because a heavy smoker's clothes and hair smell like cigarettes all the time, and so proving he or she in fact smoked inside the apartment can be a challenge, she said.
"I had a case last year in which we had pictures of the walls before the tenant moved in, ashtrays inside of the apartment, and of the walls going from white to yellow, and we still were not able to 'prove' our case," she asserted.
In the instance a tenant complains about the smell of marijuana smoke from another apartment, that tenant will need to testify in court on the owner's behalf, Ms. Greenman said, adding that housing courts won't accept hearsay and is unlikely to accept an affidavit from the complaining witness.
To whether a recreational marijuana smoker could get away with smoking pot on the porch or shared yard of his rental unit, Ms. Greenman expressed doubt because a landlord owns the corners of his property.
"Would somebody go so far as to sit an inch outside of the property boundary?" she asked. "Maybe, maybe not. But again, a landlord cannot be forced to allow their tenant to cause them to break the laws of the country." She added, "It does not seem to me that the need to smoke marijuana would outweigh that property right."
To the allowance for adults to grow six marijuana plants, and up to 12 per household, Ms. Greenman said that to some degree, this would transform a residential tenancy into a commercial one.
"I'm a tenant and I don't grow tomatoes in my apartment," she said, noting that electricity and water costs make marijuana cultivation expensive. She said a landlord could include a clause that states only residential activity will be allowed, to preclude what she called farming.
Ms. Greenman also suggested that the smell of growing marijuana would likely interfere with the quiet enjoyment of other residents.
Robert G. Caprera, a Southbridge lawyer and landlord, spoke about potential property damage from growing marijuana.
"Twelve plants represents a lot of greenery in the apartment, I would think. To cultivate this isn't simply putting them in the window on the south side. It's grow lights, keeping the heat up, and keeping the plants nice and watered. I'm just thinking peeling paint, and mold, and water draining down the inside pane of the window into the windowsill, and rotting the windowsill, and all kinds of extra excitement."
Mr. Caprera suggested that landlords and tenants would need to "talk it out."
Brian Lucier, president of the approximately 140-member Northern Worcester County Landlord Association, said he has been urging members to make their buildings non-smoking.
He points out that if a landlord knows about drug activity occurring at his property and does nothing about it, the federal government can seize the property. "That's the 800-pound gorilla in the room," he said. "Nobody wants to lose their property."
Mr. Lucier, who operates Belaire Property Management of more than 100 units, including his own and that of others, said that he has been restricting smoking in his buildings ever since the medical marijuana law went into effect.
Ms. Greenman, the lawyer, said there has yet to be a Massachusetts court decision about medically-authorized marijuana in an apartment. The state allowed medicinal marijuana in a 2012 vote. She said she believes there will be assistance for property owners against medical marijuana patients in that cannabis can be consumed through edibles and pills instead of smoking.
Mr. Lucier called the law another item landlords need to pay attention to. He said he's not happy the law passed, but noted it contains protection for landlords.
"I think there's a lot of fear through landlords of the unknown, but if they read this law, they'll see that the provision does give us a right to say or have in writing, no smoking in the building and that includes pot or any other type of tobacco thing."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Landlords Hope To Keep Marijuana Growing, Smoking In Check
Author: Brian Lee
Contact: (508) 793-9200
Photo Credit: Christine Hochkeppel
Website: telegram.com
The law will go into effect Dec. 15, barring a delay.
George C. Valeri of Worcester, who owns 120 units in 24 apartment buildings, said, "I'm not in favor of" the law. "Unfortunately the liberals of Massachusetts have accepted it."
Mr. Valeri, who does not allow smoking in his buildings, said he will have a one-strike-and-you're-out policy on marijuana use. "It's like somebody getting drunk and they make an ass of themselves. My alternative is to evict them if they don't stop drinking. Same thing with the marijuana. If they want to smoke and make an ass of themselves, they get one warning. Get your act together or you're moving."
In terms of the allowance to grow up to 12 marijuana plants per household, Mr. Valeri said he would be against marijuana cultivation in his apartments. He said he will include new language to that effect in his leases.
When Worcester Housing Authority Executive Director Alex Corrales was asked about concerns about the marijuana law, he pointed to "smoking shelters" on the grounds of three WHA properties.
Although smoking is not allowed inside of any housing authority building, it is allowed in the smoke shelters at Belmont Tower Apartments, Pleasant Tower Apartments, and Curran Terrace on Providence Street.
Early last week, Mr. Corrales expressed concern that an argument could be made that marijuana smoking could be allowed inside of the three smoke shelters when the law takes effect.
However, Mr. Corrales checked with state and federal housing officials and confirmed that the Belmont, Pleasant and Curran properties are owned by the federal government, and not the state.
Given that smoking marijuana remains illegal under federal law, Mr. Corrales said the government rule prevails.
The Worcester Housing Authority has two state-owned properties, Curtis Apartments on Tacoma Street and Greenwood Gardens on Greenwood Street. Mr. Corrales said he's thankful smoking shelters were not installed on the grounds of those locations.
"Sometimes you get lucky," Mr. Corrales said with a laugh.
More broadly, landlords throughout Massachusetts might be at risk if their leases don't contain language prohibiting smoking, says Jordana Greenman, a landlord lawyer in Boston and a member of the real estate section of the Massachusetts Bar Association.
The important thing about marijuana, she said, is that it's not legal under federal law.
"And so, to the extent that you are a tenant in Massachusetts, you are required to abide by the law, and a landlord is allowed to not run afoul of federal law, so the landlord could potentially evict you for smoking marijuana inside the apartment," Ms. Greenman said.
Leases don't have to spell out prohibition of smoking marijuana, because "smoking is smoking," she said.
The lawyer said she believes that tenants, particularly college students testing the system, will immediately challenge the recreational marijuana law.
"But they might not be smart enough to realize a lot of them did sign a lease, and the word 'smoke' is vague and is not limited to cigarettes in their lease," she said.
As a practical matter, Ms. Greenman points out that proving a tenant has smoked in the apartment is close to impossible.
That's because a heavy smoker's clothes and hair smell like cigarettes all the time, and so proving he or she in fact smoked inside the apartment can be a challenge, she said.
"I had a case last year in which we had pictures of the walls before the tenant moved in, ashtrays inside of the apartment, and of the walls going from white to yellow, and we still were not able to 'prove' our case," she asserted.
In the instance a tenant complains about the smell of marijuana smoke from another apartment, that tenant will need to testify in court on the owner's behalf, Ms. Greenman said, adding that housing courts won't accept hearsay and is unlikely to accept an affidavit from the complaining witness.
To whether a recreational marijuana smoker could get away with smoking pot on the porch or shared yard of his rental unit, Ms. Greenman expressed doubt because a landlord owns the corners of his property.
"Would somebody go so far as to sit an inch outside of the property boundary?" she asked. "Maybe, maybe not. But again, a landlord cannot be forced to allow their tenant to cause them to break the laws of the country." She added, "It does not seem to me that the need to smoke marijuana would outweigh that property right."
To the allowance for adults to grow six marijuana plants, and up to 12 per household, Ms. Greenman said that to some degree, this would transform a residential tenancy into a commercial one.
"I'm a tenant and I don't grow tomatoes in my apartment," she said, noting that electricity and water costs make marijuana cultivation expensive. She said a landlord could include a clause that states only residential activity will be allowed, to preclude what she called farming.
Ms. Greenman also suggested that the smell of growing marijuana would likely interfere with the quiet enjoyment of other residents.
Robert G. Caprera, a Southbridge lawyer and landlord, spoke about potential property damage from growing marijuana.
"Twelve plants represents a lot of greenery in the apartment, I would think. To cultivate this isn't simply putting them in the window on the south side. It's grow lights, keeping the heat up, and keeping the plants nice and watered. I'm just thinking peeling paint, and mold, and water draining down the inside pane of the window into the windowsill, and rotting the windowsill, and all kinds of extra excitement."
Mr. Caprera suggested that landlords and tenants would need to "talk it out."
Brian Lucier, president of the approximately 140-member Northern Worcester County Landlord Association, said he has been urging members to make their buildings non-smoking.
He points out that if a landlord knows about drug activity occurring at his property and does nothing about it, the federal government can seize the property. "That's the 800-pound gorilla in the room," he said. "Nobody wants to lose their property."
Mr. Lucier, who operates Belaire Property Management of more than 100 units, including his own and that of others, said that he has been restricting smoking in his buildings ever since the medical marijuana law went into effect.
Ms. Greenman, the lawyer, said there has yet to be a Massachusetts court decision about medically-authorized marijuana in an apartment. The state allowed medicinal marijuana in a 2012 vote. She said she believes there will be assistance for property owners against medical marijuana patients in that cannabis can be consumed through edibles and pills instead of smoking.
Mr. Lucier called the law another item landlords need to pay attention to. He said he's not happy the law passed, but noted it contains protection for landlords.
"I think there's a lot of fear through landlords of the unknown, but if they read this law, they'll see that the provision does give us a right to say or have in writing, no smoking in the building and that includes pot or any other type of tobacco thing."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Landlords Hope To Keep Marijuana Growing, Smoking In Check
Author: Brian Lee
Contact: (508) 793-9200
Photo Credit: Christine Hochkeppel
Website: telegram.com
