Conway selectmen finalize rental program article

Current program dictates landlords pay a fee with regular property inspection to receive a certificate of rental compliance

At their meeting last Tuesday (Feb. 6), Conway selectmen finalized their proposed rental license and inspection program, making several changes based on feedback from the public.

A group of concerned property owners led by planning board member Eliza Grant convinced selectmen to restate the town’s rental program as a warrant article.

Residents will have the opportunity to vote on the article at town meeting balloting in April. 

Meanwhile, selectmen are continuing the rental program they approved last year. Deputy Town Manager Paul DegliAngeli said the selectmen’s approved program and the warrant article version are identical, but selectmen believe passage of the warrant article will make their program fare better in court, if they are sued.

Under the program, landlords of rental units in town would have to pay a fee and have their properties undergo regular inspection in order to get and maintain a certificate of rental compliance.   

“Whatever we put in this paperwork goes to the voters. Assuming that passes, we’re pretty much stuck with it for a year,” said Selectman Carl Thibodeau.

Selectmen say they may continue the rental program even if the article fails.

If the article fails and selectmen continue with the program, it appears they could change it at any time; however, if the warrant article version passes, further amendments would have to be made at town meeting. 

As of Feb. 6, 287 certificates of rental compliance had been granted, of which 253 were granted through the self-inspection process, which lasts for one year. It’s estimated there are over 1,000 rentals in town. 

Developer Joy Tarbell was among the people who helped Grant write the article. Reached Feb. 7, Tarbell said Grant and the other members of their group were pleased with the selectmen’s changes. 

“We are all on board with this program,” said Tarbell. “We think this is a great program.”

She agrees the program would be stronger if voters approve it. 

Tarbell got up at last Tuesday’s meeting and said: “We haven’t heard much from the select board during all of these hearings,” said Tarbell. “Everyone seems to defer to Paul (DegliAngeli).”

All five members said they support it. 

“Change is going to make people uncomfortable, but we’re no longer a small town,” said Selectman Steve Porter, who is also the board’s representative to the planning board.

“I grew up here,” he said. “I remember when this town was very small and we just can’t use that mindset anymore.”

Selectman Mary Carey Seavey said, “When you’re renting to somebody, you have to take some responsibility for that renter and that property.”

Thibodeau said: “When I go to buy a place, I really would like to think that somebody has inspected this, that knew what they were doing so, that when I bought it and when I rented it, I can have a certain level of confidence that this building… was habitable, that it wasn’t going to burn me to death in my sleep.”

Selectman John Colbath said he supported it because it could save lives, and Selectman Ryan Shepard also expressed his support as well as praising the teamwork between the town and people like Tarbell and Grant. 

Tuesday was the last hearing before the language of the ordinance update had to be completed. 

One update that received attention was the section on the application and inspection process. Property owners Wryan Feil and Tarbell, along with property manager Paige Wales, asked that it be changed so that the program doesn’t prevent a landlord from renting a unit for an extended period. 

“There’s a presumption that vacancy is going to continue to occur until the inspection process is complete,” said Feil.

Tarbell agreed with Feil that the section implies the landlord would apply for a certificate while the unit is empty. 

Selectmen agreed to change the wording to make clear that once a rental property owner or owner’s representative submits their application and the fee, the property is automatically considered in compliance with the program pending the inspection. 

The makeup of the appeals board was also changed. Originally, Grant’s article included creating a local appeals board consisting of a general contractor, mechanical contractor, electrical contractor, a plumbing or fire protection contractor and a member of the public.

Property owner Eddie Minyard suggested that “member of the public” be changed to “a rental property owner.”

Selectmen changed “member of the public” to “someone who owns rental property in Conway.” Also, none of the appeals board members are required to be residents of Conway. The motion passed 5-0. 

The selectmen also agreed to give the appeals board more power to provide waivers. As originally drafted, waivers could be given for occupied properties and those of a historical nature. Selectmen agreed with Feil that the appeals board should be able to grant waivers for other reasons. This passed 5-0. 

Selectmen also decided that a fire department should get 10 business days days to issue a post-inspection report. Originally, no time frame was given.

Feil said 30 days would be “unreasonable.” 

Thibodeau said 10 business days should be plenty of time. 

“This isn’t rocket science,” said Thibodeau. 

Selectmen supported the change 5-0. 

There was also pushback against a provision that gas and oil heating appliances be serviced every 24 months. 

Tarbell said that propane furnaces need to be serviced only every three years. 

“Asking a landlord to have their furnaces serviced every two years just seems a little bit ‘Big Brother’ to me,” said Tarbell. 

Selectmen didn’t change this requirement. DegliAngeli said that the two-year requirement was a compromise between oil systems that require annual maintenance and propane systems that require maintenance every two or three years. 

This article is being shared by partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.