File #: 273-14    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 5/1/2014 In control: Rules & Ordinance Committee
On agenda: 12/16/2014 Final action: 10/13/2015
Title: Amending the definitions of "Family" and "Rooming House" as appearing in Chapter 12, Sections 800.6 of R.O. 1991
Sponsors: Peg Crowe
title
Amending  the definitions of "Family" and "Rooming House" as appearing in Chapter 12, Sections 800.6 of R.O. 1991
body
Be it hereby ordained by the Malden City Council that the Revised Ordinances of 1991 as amended be and the same are hereby further amended as follows:
-in Section 800.6.2.31 (Definitions, Family), by striking out the words "two (2)" and inserting in place thereof  the words "four (4)."
-by deleting Section 800.6.2.61 (Definitions, Rooming House), and inserting in place thereof the following:
·      A building
·      owned and/or operated
·      by an individual or entity
·      who retains legal possession, custody and care of the whole building and of every room therein
·      who may or may not be an occupant
·      in which five (5) or more
·      individual persons or families
·      not within second degree of kindred to the owner or operator
·      with no legal interest in the real estate
·      with no exclusive legal right to occupy and/or use the entirety of the building
·      are allowed to use and occupy
·      for compensation to the owner and/or operator
·      on either a transient or permanent or transient basis
·      only a specific or designated room or rooms in the building
·      compliance with State Sanitary Code Chapter X, 105 CMR 410.400, Minimum Standards for Human Habitation, Minimum Square Footage
·      for sleeping and/or living
·      but not for cooking, however, which room or rooms may have separate cooking facilities for individual occupants; and whether or not common facilities for cooking are made available, provided, that cooking facilities shall not be deemed common if they can be reached only by passing through any part of a room occupied by another;
·      including lodging, boarding, and tourists houses; and
·      excluding fraternity houses and dormitories of educational institutions; dormitories of charitable or philanthropic institutions; convalescent, nursing or rest homes; group residences licensed or regulated by agencies of the commonwealth; hotels, motels and inns.
NOTE Existing Definitions (Sections 800.6.2.31 and 800.6.2.61, Chapter 12, R.O. of 1991 as Amended):
"Family: One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants.  A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family."
"Rooming House: A building in which three (3) or more persons either individually or as families are housed for hire in individual rooms with or without meals and shall include lodging, boarding, and tourists houses."