Board of Aldermen — 8/8/17 Page 15
Alderman Moriarty
And at that committee meeting, | didn’t do a good job of explaining what | was trying to convey about this issue
of the five years that if someone owns a property and decides to make use of a special privilege that this
ordinance allows and create this dwelling unit, the it’s my belief that that person should be obligated to take on
the responsibility of whatever obligations come with that special privilege. The problem is is that if someone
inherits the property, they’ve inherited property that gained value due to a special privilege that was taken
advantage of. So | don’t have a problem with that person having to deal with the fact that they have to
maintain the obligation of living in that property or selling it to somebody who’s willing to live in the property.
So it’s tricky. President McCarthy did a good job explaining the pros and cons but | voted in favor of making it
forever so the owner has to live in that property forever that way we never have the problem of it turning into a
dual rental.
Alderman Siegel
While I’m sympathetic to Alderman Moriarty’s arguments and | agree that there’s a special privilege, | think the
problem is if somebody dies and they have relatives that are way out of State, it implies that they have to move
from their location where they have family, jobs to live in a structure just for the purposes of disposing it for an
estate sale. | don’t know how to resolve that.
Alderman Moriarty
One option is for them to just sell the property. If they already live out of State and they don’t want to move to
New Hampshire, well then they’re not going to move in it anyway. So what they’re forced to do is instead of
renting it out and keeping it forever, they’re forced to sell the property. Particularly that’s what this provision
would say.
Alderman Siegel
As | read this and correct me if I’m wrong, this ordinance would prevent that from happening. Am | wrong?
President McCarthy
Whoever bought it would have to live in it.
Alderman Siegel
For five years?
Alderman Moriarty
For five years. As it currently is amended, that requirement only last five years. So if the extension is made,
the owner lives there, unfortunately passes away six years later, then there’s no longer the obligation for the
people who inherit the house to do anything. They can just rent it out as it’s currently written. The way it is on
the books right now whoever inherits it has to either move in or sell it to someone who is willing to move in.
Complicated.
Alderman Deane
Do we have an influx of issues pertaining to this type of activity?
President McCarthy
We don’t’ but the State law has not taken affect yet. It goes into effect next week thereabouts. Soon.
