LENK, J.
The defendants own two-family and three-family rental properties in Worcester. They leased dwelling units in these properties to groups of four unrelated adult college students. Each such dwelling unit contained a living room and dining room, kitchen, bathroom, and bedrooms. The inspectional services department of the city of Worcester (city) determined that,
1. Background. The essential facts are undisputed. The defendants own two-family and three-family rental properties in the city.
Following an investigation, the city issued citations to the defendants on November 18 and 24, 2009, ordering them to cease and desist from operating unlicensed lodging houses. In January, 2010, when the defendants had not complied with the city's orders to reduce the number of occupants to no more than three unrelated adults in any one apartment, the city filed complaints in the Housing Court, seeking preliminary injunctions enjoining the defendants from failing to comply with the city's administrative orders, and from operating unlicensed lodging houses. Although there were no asserted violations of the sanitary or building codes, or of the zoning ordinance, the
When the defendants did not comply with the temporary injunctions by reducing the number of occupants in each apartment, the city filed complaints for civil contempt. At that point, the students, some of whom were seniors, were preparing for final examinations and graduation. Their leases were due to expire on May 31, 2010, and they would not leave voluntarily in response to notices to quit dated March 31, 2010. Show cause hearings were conducted concerning each of the five properties on April 14, 2010.
At the defendants' request, the cases were consolidated for purposes of appeal. The Appeals Court affirmed the judgments, Worcester v. College Hill Props., LLC, 80 Mass.App.Ct. 757 (2011), and denied the defendant's petition for rehearing. We granted the defendants' application for further appellate review. Because we conclude that the dwelling units at issue do not
2. Discussion. This case turns entirely on the meaning of the word "lodgings" under the lodging house act. The lodging house act was enacted approximately one hundred years ago, during World War I, largely in response to concerns about immoral conduct and the spread of venereal disease. Newbury Jr. College v. Brookline, 19 Mass.App.Ct. 197, 203-204 (1985); St. 1918, c. 259. See Maher v. Brookline, 339 Mass. 209, 215 (1959); G. L. c. 140, § 26. The act requires that a lodging house keeper obtain a license in order to operate a "lodging house." G. L. c. 140, § 24. General Laws c. 140, § 22, defines a "lodging house" as
Although the act provides a definition of a "lodging house," the word "lodgings" is not itself defined, either in that section
The defendants contend that this view is in essence myopic. The meaning accorded by the city to the terms "lodgings" and "lodging house" flies in the face of common understanding of the words as well as of an "apartment" within an "apartment building." The city, they maintain, ignores the historic distinction between lodging houses and apartments, the specific purposes for which the lodging house act was adopted, and the difference between lodgers and tenants long recognized in our statutory and case law. Adopting the city's interpretation would, the defendants argue, lead to absurd results and selective enforcement never envisioned or intended by the Legislature.
We review questions of statutory interpretation de novo. Massachusetts Insurers Insolvency Fund v. Smith, 458 Mass. 561, 564-565 (2010), quoting Atlanticare Med. Ctr. v. Commissioner of the Div. of Med. Assistance, 439 Mass. 1, 6 (2003). In interpreting the meaning of a statute, we look first to the plain statutory language. "`Where the language of a statute is clear and unambiguous, it is conclusive as to legislative intent ...' and `the courts enforce the statute according to its plain wording... so long as its application would not lead to an absurd result.'" Martha's Vineyard Land Bank Comm'n v. Assessors of W. Tisbury, 62 Mass.App.Ct. 25, 27-28 (2004), quoting Pyle
"Where we are unable to ascertain the intent of the Legislature from the words of a statute, we look to external sources, including the legislative history of the statute, its development, its progression through the Legislature, prior legislation on the same subject, and the history of the times." 81 Spooner Rd. LLC v. Brookline, 452 Mass. 109, 115 (2008). "`[A] statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.' ... Courts must ascertain the intent of a statute from all its parts and from the subject matter to which it relates, and must interpret the statute so as to render the legislation effective, consonant with sound reason and common sense." Harvard Crimson, Inc. v. President & Fellows of Harvard College, 445 Mass. 745, 749 (2006), quoting Hanlon v. Rollins, 286 Mass. 444, 447 (1934).
Because the word "lodgings" is not defined in the lodging house act, we look first to the common meaning of that term in ordinary usage. See Harvard Crimson, Inc. v. President & Fellows of Harvard College, supra; G. L. c. 4, § 6, Third. "A dictionary definition of `lodging' is `accommodation in a house, esp[ecially] in rooms for rent' and of `lodging house,' `a house in which lodgings are let, esp[ecially] a house other than an inn or hotel.'" Selvetti v. Building Inspector of Revere, 353 Mass. 645,
Historically, the difference between "lodgings" and apartments has been described in terms of the differing legal interests of a lodger or a tenant in the property he or she occupies. During the term of a tenancy, a tenant has the exclusive legal right to occupy and use the entirety of the property; the rooms within the apartment are not rooms "in the house of another." By contrast, a lodger occupies only a specific room or rooms within a house or apartment that is itself owned or rented by someone else, where the owner, or another leasing from the owner, is the primary occupant of the property. See White v. Maynard, supra at 253, 255, quoting Wilson v. Martin, 1 Denio 602 (N.Y. Sup. Ct. 1845), where we explained:
That the Legislature has, in recent years, afforded lodgers certain additional rights, G. L. c. 186, § 17,
A distinction between "lodgings" and "apartments" is also evident throughout the Massachusetts sanitary code and the Massachusetts fire safety code, which each define separately a "rooming unit" and a "dwelling unit," and then promulgate separate and distinct standards for rooming units and dwelling units. See, e.g., 105 Code Mass. Regs. §§ 410.100, 410.150, 410.550 (2005). This regulatory scheme evinces a legislative understanding that a rooming unit is not the same as a dwelling unit and, thus, that "lodgings," whether under Statewide regulations or under the lodging house act, are not the same as apartments.
Under the State sanitary code, a "rooming unit" (which is located in "[b]oarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places") is defined as "the room or group of rooms let to an individual or household for use as living and sleeping quarters but not for cooking, whether or not common facilities for cooking are made available." 105 Code Mass. Regs. § 410.020 (2005). By contrast, a "[d]welling [u]nit means the room or group of rooms within a dwelling used ... by one family or household for living, sleeping, cooking and eating. Dwelling unit shall also mean a condominium unit." Id.
The Massachusetts fire safety code defines "[b]oarding or [l]odging [h]ouses" as "[b]uildings in which separate sleeping rooms are rented providing sleeping accommodations for persons on either a transient or a permanent basis, with or without meals." "Apartment [h]ouses," by contrast, are defined as "[b]uildings containing six or more dwelling units with independent cooking and bathroom facilities." 527 Code Mass. Regs. § 24.03 (1998). The Massachusetts lead poisoning prevention code adopts essentially identical definitions to those in the Massachusetts sanitary code. See 105 Code Mass. Regs. § 460.020 (2002).
The distinction between "lodgings" and rental apartments is consistent with the definition of "lodging house" in G. L. c. 140, § 22, and with the role that a "lodging house" plays in the
The statutory definition of "lodging house" expressly includes "fraternity houses and dormitories of educational institutions." In fraternity houses and school dormitories, students by agreement, and without acquiring any property interest therein, occupy specific rooms with sleeping accommodations, much akin to a lodger in a traditional lodging house; in each instance, someone else has primary possession of, and a property interest in, the premises.
The expectation that "lodgings" consist of a specific room or rooms, and that the "lodging house" remains under the control and oversight of the person conducting it, is fundamental to the statutory scheme. Those conducting a "lodging house" must maintain a register containing the name of each person "engaging or occupying a private room," the room assigned to the occupant, and the date and time the room was assigned. G. L. c. 140, § 27. One who conducts a "lodging house" must obtain a license and comply with a substantial number of additional monitoring and reporting requirements.
These licensing requirements, and the accompanying monitoring and recordkeeping, are consistent with the statutory purposes for which the lodging house act was adopted. The lodging house act, enacted during World War I, in conjunction with the war effort, was intended to address the Legislature's concerns with
Newbury Jr. College v. Brookline, 19 Mass.App.Ct. 197, 203-204 (1985). See Maher v. Brookline, 339 Mass. 209, 215 (1959).
The lodging house act clearly intends persons conducting a lodging house to be of good moral character, and gives licensing authorities broad discretion in issuing lodging house licenses. It permits "licensing authorities" to suspend a lodging house keeper's license "for any cause deemed satisfactory to them," and to revoke a license if they "are satisfied that the licensee is unfit to hold the license." G. L. c. 140, § 30. See Newbury Jr. College v. Brookline, supra at 204 (noting with approval suggestion "that the purpose of the lodging house laws is to assure that the facilities defined in G. L. c. 140, § 22, will be orderly, law abiding operations, responsibly managed by appropriate persons, and that the facilities are safe, sanitary, and suitable for human habitation"). See also Sang Vo vs. Boston, U.S. Dist. Ct., No. OO-CV-11733-RWZ, slip op. at 21-22 (D. Mass. Sept. 22, 2003), citing Newbury Jr. College v. Brookline, supra at 203 ("The Lodging House Statute was enacted out of concern that the masses of young and unmarried people powering Boston's economy, many from the country or overseas and without family connections, were leading lonely, antisocial, sexually loose, or otherwise unhealthy lives").
Construing "lodgings" as the city suggests would lead to
Moreover, during argument before us, the city acknowledged that, under its interpretation of "lodgings," the lodging house act would apply to a family of seven renting an apartment from an unrelated landlord, and would apply if a new baby were added to a family of three, but asserted that the city would not enforce the statutory provisions in those circumstances. We will not adopt an interpretation of a statute which relies upon selective enforcement of the statutory provisions. Cf. Commonwealth v. Lora, 451 Mass. 425, 439-440 & n.27 (2008); Cote-Whitacre v. Department of Pub. Health, 446 Mass. 350, 376-377 (2006) (Spina, J. concurring).
While we recognize that the city seeks to protect student safety, and apparently regards the apartments at issue here as
The defendants argue also that the judgments of contempt should be reversed. "When it is decided by appellate reversal that the plaintiff was not originally entitled to any equitable relief, civil contempt adjudications fall with the orders violated." Fitchburg v. 707 Main Corp., 369 Mass. 748, 754 (1976). Because the city was not entitled to equitable relief, whether the contempt orders may be set aside thus turns on whether they were criminal or civil. See id.
Each of the city's complaints for contempt was styled, "Complaint for Civil Contempt." The judgments of contempt imposed a daily fine on the defendants for each day that they failed to comply with the injunctions. "[T]he purpose of civil contempt is remedial: its aim is to coerce the performance of a required act by the disobedient party for the benefit of the aggrieved complainant." Sodones v. Sodones, 366 Mass. 121, 129 130 (1974). By contrast, "[t]he purpose of criminal contempt... is punitive: its aim is to vindicate the court's authority and to punish the contemnor for doing a forbidden act or for failing to act as ordered." Matter of Birchall, 454 Mass. 837, 848 (2009), quoting Sodones v. Sodones, supra at 130.
Here, the fines were intended to coerce the defendants into complying with the court's orders to reduce the number of occupants in each unit, and to pay for the costs of enforcement of those orders. "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). Accordingly, the judgments of contempt here were clearly civil in nature, and must be vacated.
3. Conclusion. The judgments enjoining the defendants from allowing four unrelated adults to occupy each of the apartments
So ordered.
"`A house where lodgings are let' simply mirrors the dictionary definition of `lodging house.' See, e.g., Webster's New Collegiate Dictionary 670 (1979) (`a house where lodgings are provided and let'); Oxford English Dictionary Online (2003) (from the second print edition, 1989) (`A house, other than an inn or hotel, in which lodgings are let.').... Although the Licensing Board defines `lodgings' broadly as `a place to live,' the more common and precise definition is `a room in the house of another used as a place of residence.' Webster's, supra[] at 670. See also Webster's II New College Dictionary 644 (2001) (`[s]leeping accommodations' and `rented rooms'); Oxford English Dictionary Online, supra (`A room or rooms hired for accommodation and residence in the house of another....'" Id. at 17.