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Govt. cracks down on errant landlords

MPs passed a bill to ensure minimum standards in multiple dwelling units yesterday giving Government powers to condemn housing unfit for human habitation.

Housing Minister Nelson Bascome said the Bermuda Housing Amendment Act 2001 was the result of rising complaints about poor-condition property but the present housing law did not cover shared and common areas such as kitchens and bathrooms.

He said: "While Bermuda is commonly regarded as having a high standard of living, the complaints about the condition of properties indicate that a number of our people live in sub-standard accommodation."

He said complaints included a lack of running water, exposed plumbing, inadequate ventilation, dangerous electrical wiring, damp, unplastered walls, unfinished repairs, rotten window frames and windows which could not be opened.

He said environmental officers had recommended corrective action but they had not been able to make the necessary improvements because the necessary definitions and regulations were not in place.

He said the Bill would enable the Housing Minister to set out minimum standards for structural stability, extent of dampness, ventilation, water supply, availability of cooking facilities and bathrooms and drainage of waste.

Mr. Bascome added that the Bill was not aimed at enhancing the rights of tenants.

Opposition Housing spokesman Michael Dunkley said the Opposition supported the principle of the Bill but said Government was not taking housing seriously.

He said: "I was disappointed there was no mention of housing in the Throne Speech."

He said he feared that there would be further demand when the Canadian Hotel on Reid Street closed.

And the Opposition called for incentives and rights to be given to landlords to improve their properties, otherwise they would simply sell off their housing rather than invest thousands of dollars to bring them up to scratch.

Earlier Mr. Bascome said many of the multiple dwelling units, which filled an important niche in the housing market, had shut down over the years when they were sold off, often for office space.

He said The Imperial Hotel, The Bermuda Diner, the New York Hotel and Tasty Towers had all gone, leaving only a few including the Canadian Hotel and the Leopard's Club Plaza.

Mr. Dunkley said: "If the property is under rent control how can the landlord get the money back?

"Maybe the Minister should give incentives, talk to them about excellent terms for borrowing money, maybe land tax relief, incentives to make people invest."

Mr. Dunkley said the Government already had strong powers under existing legislation to force landlords to keep their properties up to scratch.

Opposition Works and Engineering spokesman Erwin Adderley said the most dangerous aspects mentioned by Mr. Bascome such as faulty wiring were not covered by the amendment.

He said: "Safety issues are not covered, these are cosmetic changes. There is no reference to insulating wiring, there is no reference to fire safety, there is no requirement to have smoke detectors to alert people to danger."

And Mr. Adderley said there was a conflict of interest in having the Housing Minister decide whether a home should be condemned.

He said the Minister would be tempted to turn a blind eye to an abuse because otherwise they would end up having to house people displaced by a closed hostel.

Mr. Adderley also said that Mr. Bascome's powers should be expanded in regard to housing control or the portfolio should be given to the Environment Minister.

He noted that clause three of the Act speaks specifically to structural maintenance and said there would be no way for Mr. Bascome to enforce that without the skills of the Planning Department inspectors - who do not work for the Health Ministry.

"They don't fall under the auspices of the Minister for Housing. I'm suggesting that maybe this legislation needs to be massaged to make sure this very critical issue is included," said Mr. Adderley.

He noted that development and construction fall under the purview of the Planning Department but after that " the Planning Department has no further responsibility".

"If wiring falls into disrepair, there's no mechanics (in legislation) for Planning to do ongoing policing. We need to have the laws and legislation to carry out that responsibility,'' Mr. Adderley said.

"I'm not being negative, casting on (Mr. Bascome). I'm saying that there's a conflict. It's because the Minister is not the Minister responsible for those areas. This responsibility should be transferred, such as to the Minister responsible for Planning and Environment," he said.

Mr. Bascome said he "understands (Mr. Adderley's) point".

"Inspecting officers will have the guidance of the Planning Department. I've taken it under advisement, I'll take it to the technical officers to see if they need to be included," said Mr. Bascome.