Saturday, November 21, 2009 in Lewiston, Maine

Auburn-Lewiston:
Clear sky, 37.4 °F

Landlords need role in power cuts

On Tuesday, many landlords in Lewiston came to the City Council to protest a new city action started in the wake of an August fire that killed a 9-year-old girl, Taylor McQueeney.

The action was this: The city would post placards on apartment units without power, telling tenants and landlords they would be fined if electricity was not restored. Landlords seemed to think that meant they should foot the tenant's overdue bill.

No. It means landlords have responsibility for their properties. A landlord should know, and respond, when a disconnection happens — to protect their buildings, other tenants and neighbors.

That was the purpose of the new action. As Phil Nadeau, the acting city administrator in Lewiston, said Tuesday, "The goal isn't to get [landlords] to pay. The goal is to get [tenants] out." For their own self-interest, landlords should want to know the status of electricity service in their units.

It is a safety issue. The fire on River Street started because the building's landlord didn't know a tenant was stringing extension cords like tinsel from apartment to apartment. Any landlord would have been outraged to discover this setup. Levying fines for failing to restore power is appropriate to prevent another tragedy.

Beyond Lewiston, this issue of landlords, tenants and power needs to be addressed by lawmakers, to clarify and simplify the bizarre rules defining their relationships.

Today, landlords can know if the power is disconnected in one of their apartments, but only if they secure their tenant's consent. This should be a mandate. The Legislature should require utilities to notify landlords when service is disconnected involuntarily.

After all, if a tenant voluntarily stops service, the landlord is notified. Why shouldn't this be true for all disconnections?

Also, if a landlord is facing a disconnection, tenants are notified, in order to to give them a chance to assume service in their name. Landlords are not afforded this same courtesy. Instead, if a tenant gets disconnected, they are literally left in the dark.

These existing provisions don't make sense and should be changed.

Disconnections are literally a last resort. The state maintains a $7 million fund for low-income utility assistance, which targets customers struggling to make ends meet. In winter, utilities are prohibited from disconnecting customers. There are ways to avoid disconnections. Only blatant non-payers get cut.

And landlords should know when they do. It isn't a matter of who pays the bill, but rather whose responsibility it is to act when a disconnection happens.

Letting bad situations — like a lack of power — go unaddressed, either for not knowing about it (or worse, not caring about it) is unacceptable and dangerous.

editorialboard@sunjournal.com

 


Comments

tornupgrl says

Wowzers, I know I'm catching this two days late BUT did the obvious miss anyone posting here and anyone that went to the meeting?!

I'm a landlord. Anytime that there is a change in status of the CMP account in our building, the bill automatically defaults to me so I know that something is changing. If the tenant hasn't paid, the bill forwards to me. Then I can take action.

No one has to check the apartment once a week, be a slum lord or go out of their way to secure your building. Just be responsible.

For those of you coming on here slamming tenants and what they do to your building, you make me quiver at the thought of how you must screen your tenants. Invest half the time that you have to scribble on this page to screening out your tenants. Proactively protect your investments.

Posted 3 weeks ago (permalink)

Ares says

Tornupgrl I agree with you to a great extent. CMP does revert the bill to the landlord if it is set up for that action to take place when someone moves, but I don't think CMP cannot contact you if the current tenant isn't paying their bill. I own rental units as well. Houses not apartments and I have had tenants get their power shut off. CMP does not notify me. I am not sure but am guessing that this would be a violation of someones privacy if CMP were to contact me regarding someone's CMP bill. Maybe things are different for apartment buildings, I am not sure. I am not sure that any of us has the right to know what anyone owes on any bill associated with a rental property.

As for screening tenants even the best screening can not ensure a good tenant. Landlords regularly give bad tenants high marks just to get them out of their buildings. Sometimes it is the problem of tenants coming from apartment buildings to houses and not understanding that the responsibilities of living in a house are greater than those of an apartment. Screening is helpful but not always acurate or the best measure of who is going to be a good tenant and who is to be a lousy tenant. I know a lot of landlords and I don't know a single one that hasn't had a bad tenant or two. It is just part of the business. Like any other investment there are inherant risks and even with the best research not every investment is a win win. My stock portfolio can attest to that, ouch.

Thankfully for the last few years I have had terrific tenants in my four rentals houses. They are terrific tenants because they have respect for themselves, they have a sense of responsibility and they want to live in a better place. There are tenants who need to be slammed and there are property owners who need to be slammed. Responsible partie,s whether they be owners or renters need to be held responsible and too often renters are not held responsible.

Posted 3 weeks ago (permalink)

twitch says

I agree with everything else but there is only one error in the letter...disconnects are NOT prohibited in winter months. in order to keep the lights on a person must agree to a payment plan that includes paying a minimum each month of that month's current bill and at least 10% of the past due bill...most agree to it promptly of course to keep the lights on...the problem is this...once you break this agreement 3x's CMP has the PUC's approval to disconnect...what happens is the tenant had problem's paying the bill in the first place so how can they possibly keep up with their bill with an added chunk tacked on to pay down the past due amount...they can't so they break the agreement...before you know it they have broken it 3 x's and CMP makes the request to the PUC to disconnect and believe me it gets granted. so it is a misconception to think that CMP cannot disconnect in the winter...they can. as to why the person didn't pay their bill...I can say as someone who has been in the situation in the past that most people end up in this position because of a lack of priorities. yes there are those who end up losing a job or have some other catastrophe come along but the majority of people in this position simply make bad decisions about their money...they chose to spend their money on other things before the light bill. the bottom line is that until low income people accept the fact that they must pay their food and shelter expenses before getting a car, cell phone, game systems, new famous make clothing etc etc etc they will stay poor and keep burdening those of us who work hard and have priorities. I don't have a great income but i pay the rent, lights, heat and buy food before i pay for other things...my kids have never even played on an x box, we are able to afford basic satellite service and I drive a used car with the min insurance coverage i can get under the law...i grocery shop as frugally as I possibly can, buy clothes at goodwill and gladly accept hand-me-downs from family. I am able to afford a pre-paid cell phone and i don't text. its a lot less stressful and my family is a lot happier than when we had no priorities. We drove a better car, had cell phones, had internet and cable tv, ate out, etc etc etc...it was a hard lesson but we eventually learned that we just did not have the income to support that lifestyle and we were NOT entitled to it...if we could not earn the money we should not be spending it!!!!! so, to the "poor" tenants out there...I agree fully with ARES...clean up your act, clean up your home, get prioritized, get a second job if you have to- and then if you still need help you might just find there are people out there willing to help...until you show that you are going to try to help yourself stop expecting the landlord, utility companies and tax payers to foot the bill for you and stop putting the rest of us in danger by using candles and running extension cords.

Posted 4 weeks ago (permalink)

Ares says

Twitch has it right...take care of the important things first. Don't try to live who you want to be, live who you are. Look for bargains. Instead of outfitting yourself or your kids in the newest $120 Nike's buy a 40 dollar pair on sale and pick up the second pair at half price for someone else in the family. Be smart. I have taught my kids that if you are trying to impress people with what you have or what your wear you are wasting your time. If people think you are a jerk having a great car will not change their opinion of you...you will now be known as the jerk with a nice car. Be who you are, live your life like it is going to last 80 years not 80 minutes.

Even though many people think landlords are land barons most are not. We own rental properties yes, but my wife and I also work full time and I also have a seasonal part time job.

Posted 4 weeks ago (permalink)

jim m says

There much wrong with the power company notifying the landlord. If the landlord is notified that the power is being cut for non payment, then the landlord is forced id forced to turn the power on in his name. If the tenant is current on his/her rent, it then can take months to rid the apartment of this non utility paying tenant. The landlord is stuck with the bill. If the landlord is notified that the power has been cut, then he is potentially liable if an accident happens in the apartment, and there are plenty of attorneys who would happily sue in the name of some poor impoverished and wronged tenant. The bottom line is this. I am not a landlord, but I do believe in personal responsibility. If a landlord must be notified when power is cut, then at the same time we must grant the landlord the right to immediate eviction without appeal. This protects the landlord from having to pay the tenants bills in order to protect himself. Tenant protection from unscrupulous landlords was a needed thing. However, we can go to far with this stuff and we may now be headed in that wrong direction. Every catastrophe cannot be prevented by government rules and laws. Common sense is a very necessary ingredient, and personal responsibility for the safety of oneself and ones family is paramount in any civil democracy.

Posted 4 weeks ago (permalink)

tron's picture

tron says

So you want to invade someones privacy just to reward lazy landlord? You've got to be kidding. Any landlord who is unaware of the status of electricity in any of his apartments is either very lazy or extremely stupid. All you have to do is look at the meters, if there is a red tag dangling from the meter of an apartment that means the power has been shut off. Then the landlord should be able to investigate the reason by confronting the tenants. But no, you want a law to require CMP to violate a person's privacy and let landlords know the situation. Well they heck with that, the landlord doesn't deserve the right to invade a person's privacy.

Posted 4 weeks ago (permalink)

lewiston taxpayer says

Tron, what you're suggesting is ludicrous. You are suggesting that landlords basically make a weekly visit to all of their buildings and inspect the meters to make sure there are no red tags on any of the meters. 90% of the time they probably would have no issues. If someone owns several units, doing this or having a maintainence person doing this tedious work is very time consuming & costly, especially when you have 1 & 2 family rentals where the lease agreement is the tenant does their own routine maintaince (lawns, plowing, trash, etc) and only calls the landlord for big issues. If a person has a full time job in addition to being a landlord, your idea is even more ludicrous. The simple method would be for the poer company to notify the landlord when power is cut (or say 5 days prior to cutting the power, to give the landlord advance warning).

I suggest you try being a working man and a landlord and try doing this task every week for a year, and you'd see how dumb your idea is.

Posted 4 weeks ago (permalink)

tron's picture

tron says

Gee, maybe they could do it when making routine visits to inspect their property, perhaps when making weekly visits to collect their rent money, and all meters for each building are easily accessible outdoors and together. A quick scan, let's say ten seconds, is all that's needed to determine if the juice is on or off. Blue tag-on, Red tag-off. Of course slumlords would have to make an effort, but so what!

Posted 4 weeks ago (permalink)

lewiston taxpayer says

Most landlords don't consider their job is to be a babysitter...especially to adaults who should know & be responsible enough to pay bills.

Posted 4 weeks ago (permalink)

Ares says

Tron you really are clueless when it comes to rental properties. I have 5 seperate rental properties. I visit two of them once a month to collect rent. The other three I see every 2 or 3 months. It rarely occurs to me to check and see if the adults living there are taking care of the rest of their bills and responsibilites. It also doesn't occur to me to check their refrigerators to make sure they have milk, fresh fruit and vegetables for their families. I also don't go through their mail to see if they are paying their phone bill, cable bill, oil bill, gas bill, car note, personal loan, credit card bill, internet bill or any other bill they may have. Adults need to act like adults.

You assertion that the landlord is somehow responsible for the failings of the tenant is incredibly naive and the playing of the "slumlord" card displays your bias against landlords. I would agree that there are dwellings being lived in that are less than ideal and that some property owners do not put the upkeep of their properties at the top of their to do list. However most landlords take care of their properties. In most cases residential rental properties are investments and in order for the investment to pay off it has to be maintained.

Why don't you mention the "slum tenant". The tenant who lives in squaller and filth. The tenant who allows their pets to deficate and urinate anywhere it likes. The tenant who wouldn't know what a vacuum cleaner is or how to wash a window or do the dishes or take the trash to the curb.

Over the past 4 years with two of my rentals it has cost me over $10,000 to repair the damages done by 3 different tenants and this does not count the months of rent they didn't pay or the bills I had to pay because they didn't pay them.

If you are thinking that residential property owners are just sitting back getting rich collecting rent you are truly unaware of how it all works. I would esitmate that one third of these owners earn a bit of money, one third break even and a third lose money. In my case the rents for all my properties cover the mortgages with a surplus of $50 per month. All of my tenants pay their own electric, heat, cable and so on. Luckily at this time I have quality tenants in each of my properties. Adults who work and pay their bills.

A good landlord provides a suitable living space free of dangerous conditions and before you take the "free of dangerous conditions" out of context it means wired correctly, windows and doors that work and are not broken, plumbing that works properly, an adequate heating system. This doesn't mean that the landlord should pay for any of the utilities or amenities just that the availability should be in place and at the ready to be accessed by the tenant.

As a landlord and property investor I take good care of my properties. I hope to make a profit on them when I sell them. I would live in any of my properties. One of my rentals was, just a few years ago my home. My wife and I raised our children there and now someone else is raising their children there. As a landlord I provide a service to people and families. A quality place to live at a reasonable price. The very least the tenant can do is maintain the quality place but it doesn't alway happen.

As a landlord I have had to have carpets soaked in human urine and soiled with human feces removed from my rental properties, I have had to replace toilets that tenants somehow broke, replaced plumbing when tenants moved without notice and let the pipes freeze, patch holes in walls, replace flooring, removed thousands of pounds of garbage, replace kitchen and bathroom fistures ripped from sinks and tubs, replace doors ripped from their hinges, replaced lightbulbs when tenants take them when they move.

Thank goodness right now all of my properties are rented by people who are responsible, respectful human beings who appreciate what I provide and I appreciate what they provide. We get along well. They are taking care of my investment and I am making sure that they have a nice place to live. It is a two way street. There are bad landlords and their are bad tenants. There are people who believe they are entitled to a decent place to live and those who believe they should have to pay for a decent place to live.

The next time you want to play the "slumlord" card take a look at the people living in the "slumlord" apartment or house you might just find a slum tenant that took a perfectly fine place to live and turned it into a dump that the landlord will fix once they are gone because fixing it before they leave will be throwing good money at a no win situation.

Posted 4 weeks ago (permalink)

Ares says

Dr. Dosh do have any idea what you are talking about. It is not a lack of power that killed that young girl in Lewiston it was the failure of a grown man to pay his electric bill. When he got electricity he used it to watch television and play video games instead of lighting his apartment. For that he used candles and the result was a little girl was killed.

This man caused the death of this girl not the landlord. The landlord and the power company provided everything this man needed for electricity. The apartment was wired to code and there were smoke detectors. The landlord and the power company lived up to their responsibility it was this man who didn't live up to his responsibilites that caused there to be no working electricity in his apartment. Who is really the lazy or stupid one here. The person who provides the service or the person who doesn't pay for it.

I do agree with you on one point prosecute the recidivists. If you don't pay your electric bill you should be prosecuted. If you don't pay your electric bill and the end result is the death of a child or anyone for that matter you should be prosecuted for your neglect. When do those of us who work and pay our way get to stop paying for the "very lazy or extremely stupid" (dosh's terms) in our society.

There was help available to this guy and to others who are having trouble paying their electric bill. The problem is you have to get off of your xbox playing ass and go ask for it. How is it that the people who need housing assistance also need heating assistance, food stamps, electric assistance, clothing assistance, medical assistance and on and on. When do they start to assist themselves and carry their own weight and stop asking the rest of us to carry their weight.

You know Dosh you and your pal Tron sound like a couple of guys who sit around bitching about what others have and how unfair it is that you don't have it. You sound like guys who do the minimum and expect to get the maximum. Here is a little free advice, that is worth every penny that you are paying for it...work harder, work smarter, climb the ladder and whatever it is you have as a goal will get within your reach. As human beings our failures belong to us not to anyone else. We fail because we fail, not because of what others do, but because of what we do or don't do.

Posted 4 weeks ago (permalink)

Contests
Radio City Racing
NASCAR fantasy racing at its finest. Weekly prizes. Grand prize is a flat screen TV. Click here to play!
Copyright 2009 Sun Media Group