If you rent an apartment, your landlord should be keeping the place to a certain living standard. It should have working smoke and carbon monoxide detectors, acceptable air quality, proper plumbing and safe electrical wiring. The heat should work and trash can’t be blocking the fire escape.

Though apartment buildings are supposed to meet certain codes and standards, enforcing those rules often is difficult. Many Maine municipalities don’t keep a full-time employee solely for the purpose of performing routine inspections, so violations often are discovered when a first responder present for an emergency sees the inside of an apartment or a tenant complains.

Rockland has added another way to get apartments into compliance: Since January 2010, buildings with three or more units must be inspected during their sale process. Though the ordinance may be burdensome for some landlords trying to sell — as they could be required to make expensive repairs at a time when they’ve seen their property values decrease — it ultimately will benefit them, their tenants and potential buyers.

The ordinance may become a blueprint for other municipalities. For example, while the Bangor code enforcement office has no set date or plan for a similar apartment inspection program, it has considered one in order to address safety issues.

Parts of the Rockland ordinance have proven controversial. For example, in order to aid a quick escape in case of a fire, the city follows rules that require apartment buildings to have staircase steps of a certain size. Steps serving more than two units in a new building must have a maximum height of 7 inches and minimum depth of 11 inches. Those within a unit must have a maximum 7¾-inch rise and minimum 10-inch depth. In existing buildings, the maximum rise is 8 inches, with a depth of 9 inches. All stairs should be 3 feet wide.

Also, unless the place has a sprinkler system, windows in a habitable space, such as a bedroom, must have 5.7 square feet of clear opening to allow people to climb out.

Upgrades may be inconvenient, but there’s more to consider. The city’s ordinance allows a choice. Either the owner brings the building into compliance or the prospective buyer agrees to a written plan that outlines what will be corrected and when, according to Rockland Code Enforcement Officer John Root Jr. As long as progress is being made, the city will give the owner or potential buyer a reasonable amount of time necessary to make the improvements.

It’s important for sellers to have that flexibility. Then they can decide whether they would rather sell a noncompliant building at a lower price or a compliant building at a higher price.

Inspecting apartment buildings during the sales process makes sense, as a smart buyer should be doing it whether there’s an ordinance or not. Renovating a building so it meets code might be more expensive up front but it could save money when it comes to insurance rates, as there’s less of a threat of damage or loss. There’s also the question of liability; someone injured in a building that does not meet code could sue the owner.

People who own old apartment buildings will be most affected by Rockland’s ordinance. But they could consider an alternative: The rules could be stricter. Richard McCarthy, assistant state fire marshal, has a good way to describe codes: “If you’re talking about climbing a mountain, the code is not the mountain peak. It’s the bottom of the mountain. It’s where you start.”

Ultimately the building owner should be considering the price of something that has no dollar figure: a human life. Whether it’s being sold or not, an apartment building should meet the minimum state codes for basic safety reasons. It’s better to face the cost and time of doing renovations than the knowledge that you didn’t do everything possible to prevent the tragedy of a tenant dying or being injured in an unfortunate incident.

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17 Comments

  1. It would also help landlords if they passed ordinances that would help in the eviction of tennants who are trashing the property or are disruptive to their neighbors.

    1. Absolutely!
      Several friends of mine purchased rental properties for long term income, and the hassle w/ bad renters forced them to sell quickly.

    2. Thats what security deposits and local Police Depts. are for.  Poor land lords,if a  building  has say three units,one units rental will pay the mortgage quite easily. There can be a incredible profit margin with the incredibly high cost to be stuck renting in today’s  market. There is no profit without risk. Sorry but difficult to feel sorry for the poor land/slum lords .

      1.  Uh huh.

        What is your experience with both taxes and rental unit ownership and maintenance?

      2. All profits could quickly be offset by one bad tenant. It doesn’t take much to do costly damage, quickly eliminating all profits and draining a savings account. 

        I had a tenant that wouldn’t wipe up the water off the antique hardwood floor after taking showers. It rotted the floor and was near impossible to match up to the rest of the house. Another tenant thought it was okay to drill holes in my hardwood floors so he could run hoses for a dishwasher. Another had a large dog that scratched every inch of flooring so bad it had to be refinished.  Yet another tenant used the cellar as his dogs bathroom rather than let him outside. It was also used as his personal dump because he was too lazy to drive 3 miles to the transfer station. All of this damage was repaired at my expense and it is a nice house. I don’t rent anymore and now live there, but some of the scars from the former tenants remain.

          1. No, but I did keep the security deposits and did the repairs and cleaning myself. The holes are still in the floor but I will get to that in time.

    3. Yea that’s not gonna happen.  Getting a bad tenant out in Maine will cost you far more then you can make up. Then if you do somehow manage to get a judgment they old tenant leaves Maine or ends up in Jail and you get nada.

      This new rule means one thing less appts. Most people now have strict standards and good tenants or section 8 and do nto care about the place cause they know the section 8 tenants will destroy the place anyway.

  2. Don’t be surprised if rent prices become out of reach for a lot of people in Rockland.

  3.  Sounds like the apartments that are going to be unavailable in Rockland will be much nicer than the ones people live in now.

    1. If you price an apartment too high you don;t rent it and therefore there is no income from the apartment.  Sounds silly to me to price an apartment out of reach of renters.

  4. Tenants already have too many rights. It is difficult to kick them out and even more difficult to collect back rent or reimbursement for damages. The price of heating oil is already killing the affordable rental market and this will only increase the downside to renting a property. If Landlords cannot get a reasonable rent for their property, they won’t rent it. The tax write-off is often better than getting a low rent with questionable renters. More government intrusion usually has unintended consequences – just look at the vacant upper floors  of buildings in every Maine small city. The market should be left alone. If someone wants to rent a dump for cheap rent, they should have the freedom to do so.  

    1. You really believe that people should be allowed to rent a cheap dump? Bad wiring, no escape route in case of fire just to name a couple of things. You contradict yourself saying in the first sentence that tenants have too many rights, and then  that  you don’t want more government intrusion. You can’t have it both ways.

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