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Committee recommends ordinance to require tenant notice of parking-permit restrictions in transit areas

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Summary

The committee voted to recommend an ordinance amendment requiring landlords to notify tenants before lease or sale if a unit is ineligible for on-street parking permits due to transit-area zoning; the amendment closes an enforcement gap for by-right developments and prescribes a standardized notice form.

The Somerville Legislative Matters Committee on Sept. 30 recommended an ordinance amendment that would require property owners to notify prospective tenants or buyers if their address is ineligible for residential parking permits because the property lies within a designated transit area.

Jackie Stegneri, project manager in the Parking Department, said the requirement implements a disclosure component included in the city's 2019 zoning ordinance: "Prospective residents should be informed before they sign a lease or buy a unit that they would not be eligible for parking permits," she said. Stegneri said the new ordinance language would close a current enforcement gap that affects "by-right" projects (primarily typical multiunit residential buildings allowed by right under the zoning code) where the city currently has only limited tools, such as certified letters to owners, to encourage disclosure.

Under the ordinance as drafted, the Parking Department would provide a standardized notice form, developed in coordination with Inspectional Services, that property owners must use to inform prospective tenants or buyers. The rule would apply equally to projects approved through special permits and to by-right developments; it would not apply to properties zoned Neighborhood Residents (NR).

Legislative analyst Pamela Salisbury recommended a drafting change to the ordinance's preamble language to avoid any interpretation that the amendment would delete unrelated portions of the city code. Councilor Davis moved that clarification and the committee adopted it on roll call. The committee then voted to recommend the ordinance amendment out of committee; the item will proceed to the full City Council for enrollment and ordainment.

Committee members said the change is intended to ensure uniform notice for all residents and to avoid a situation where a tenant signs a lease unaware they will not be eligible for a parking permit. Parking staff said the department will develop the standardized form and work with Inspectional Services and legal staff on enforcement procedures before the council considers final ordinance language.