mayoca Offline

124 Male from Boston       0
Nothing special....believe in simplicity

mayoca
mayoca to BlackDgirl: Nice pic!
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mayoca
mayoca to GeekyFanGirl: Nice pic!
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mayoca
mayoca: if you are a landlord and renting to 2 or three unrelated folks, if your town is harrasing you send . this letter [ONLY For MA]

VIA CERTIFIED MAIL

[ADDRESS]

RE:

In City of Malden’s Letter (the “Letter”) dated [], attached herewith as EXHIBIT A, the Letter asserts that I am using my home at [] (henceforth the “Home”) as a “lodging house” (see attachment with the letter; under the heading M.G. L. C. 140 section 22). Further, in the Letter dated [] the City of Malden (the “City”) has asserted that I am using the same home as an “Airbnb” (EXHIBIT B).
As to the accusation that I am using my home as an “Airbnb”, the City has failed to provide any shred of evidence, whatsoever, that would remotely suggest that I am using my home as an Airbnb. Without any evidence to the contrary, the City is respectfully request to withdraw this accusation because it is simply NOT TRUE and maintaining such accusation, without evidence to the contrary is an abuse of power by the City, abhorred in a civilized society. I am renting my home, permissible by law, for which a lease exits and can be provided upon request.
The City’s alleged accusation in the Letter that I am using my home as a “lodging house” is legally flawed and must be withdrawn. In this regard, the City is directed to the Supreme Judicial Court’s (SJC’s) decision in City of Worcester v. College Hill Properties, LLC, et al. decided on May 15, 2013 (a copy of which is attached as EXHIBIT C) where the SJC held that renting to 4 or more students (unrelated to each other) in one apartment unit of a two and three family home is not a “lodging house” requiring a special license under the Massachusetts lodging housing law. This decision applies state-wide and to every type of rental home, including multi-families, buildings and townhouses. In my case, I am renting my home in compliance with the SJC’s decision, nothing more. The City is respectfully requested to immediately withdraw the allegations made in Exhibits A and B.
On pages 2 and 3 of the City’s Letter (Exhibits A and B), the City has indicated City’s intentions to coerce me into complying with the City’s order, otherwise pay the fines. “The primary objective of an order imposing a prospective daily fine is to coerce and, as such, it relates to civil contempt.” Labor Relations Comm’n v. Fall River Educators’ Ass’n, 382 Mass. 465, 476 (1981). Civil contempt fine are lawful only if the City’s order was valid. In this case, as indicated above, clearly the City’s orders are legally flawed. Accordingly, the City is respectfully requested to vacate such coercions immediately.

SIGNATURE
MAKE SURE TO CC TO BBRS.

ALSO SEND A LTR ADDREESED TO BBRS COPYING CITY OF MALDEN
3 years ago Report Link
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