GRAHAM, J.
The Commonwealth's lodging house licensing statutory system — G. L. c. 140, §§ 22-32 (Act) — is at the center of this consolidated appeal. Five property owners (defendants) appeal from judgments of the Housing Court permanently
On appeal, the defendants argue the order for injunctive relief was erroneous as matter of law and must be vacated. They contend each unit was rented to four unrelated adult college students, living as a "family" or single housekeeping unit, an arrangement which, the defendants say, does not constitute a lodging house under the Act. We affirm.
1. Background. The facts, which are not in dispute, are as follows. The defendants own multiunit rental properties in the city of Worcester (city). Paul F. Giorgio and Diana H. Giorgio own such properties at 7 Clay Street and 13 Boyden Street. College Hill Properties, LLC, an entity controlled by Paul F. Giorgio, owns a property located at 11 Boyden Street. Michele Meaney and Paul J. Meaney own properties at 21 and 23 Caro Street.
Upon an investigation by its department of inspectional services, the city served the defendants with written notices, citing them for operating unlicensed lodging houses at the stated locations. The city ordered the defendants to cease and desist from doing so; the defendants refused.
As authorized by G. L. c. 140, § 24,
The city presented evidence showing that at each property
After a hearing in each case, the judge granted the city's application and issued an injunction commanding the defendants to "forthwith reduce the number of unrelated adult occupants" in the subject premises "to no more than three in each legal dwelling unit."
Show-cause hearings ensued. The judge found the defendants in contempt and imposed fines,
2. Standard of review. Action by a licensing body in furtherance of the Act is appraised by the substantial evidence test. See G. L. c. 140, § 30; Trustees of Paul Revere Realty Trust v. Revere License Commn., 29 Mass.App.Ct. 11, 12 n.3 (1990). This case reduces to a question of law as to the meaning of "lodging house" under the Act, an issue that is subject to de novo review. See Massachusetts Insurers Insolvency Fund v. Smith, 458 Mass. 561, 564-565 (2010); Commonwealth v. B & M Fitzgerald Builders, Inc., 71 Mass.App.Ct. 486, 491 (2008); Gore v. Arbella Mut. Ins. Co., 77 Mass.App.Ct. 518, 536 (2010).
"[W]e interpret the words used in a statute with regard to both their literal meaning and the purpose and history of the
3. Discussion. a. Lodging house. The Legislature's licensing system for regulating lodging houses in the Commonwealth was enacted during World War I. St. 1918, c. 259. It was designed to address the Legislature's concerns with the deplorable health and sanitary conditions then prevailing in lodging houses and their notorious use as a venue for immoral solicitation and other like conduct. See Maher v. Brookline, 339 Mass. 209, 215 (1959); Newbury Jr. College v. Brookline, 19 Mass.App.Ct. 197, 203-204 (1985). "It is unquestioned that the Legislature has inherent authority to regulate buildings, structures and premises in the interests of public safety, health, morals and welfare." Inspector of Bldgs. of Falmouth v. General Outdoor Advertising Co., 264 Mass. 85, 87 (1928).
The policies generally advanced by the Act still hold today with respect to the common practice of overcrowding persons in an unsuitable space, whether in lodging houses or tenements. Tenant overcrowding and fire protection were among the reasons the city cited for its enforcement actions. To obtain a lodging house license, an applicant must have sprinkler systems in the premises. The defendants do not claim to have sprinklers in their units.
Because safety, health, and welfare concerns stemming from lodging houses have more to do with management than with
With this backdrop, we look to the words of the Act itself.
As they did before the judge, the defendants contend that their properties are not governed by § 22 because each unit was occupied by four or more unrelated adult tenants, "living as a family unit," not lodgers.
Bonaventura, which is virtually identical to the present appeal, involved enforcement actions by the city against owners who had rented condominium units to four unrelated adults, all of whom were students at a local college. Each student had signed a lease, was jointly responsible for the rent, and had full use of the unit. Id. at 167. There, as here, the defendants had argued the students were tenants whose living arrangements formed a single housekeeping unit, akin to a family, within the meaning of a local zoning ordinance.
It is enough to say that the city, in its licensing capacity, reasonably exercised its supervisory and enforcement powers to remedy an unsafe and illegal condition existing in the subject properties. To narrow the definition of lodging house, as the defendants ask us to do, would undermine the Act's purposes: to assure such facilities are safe, sanitary, habitable, and orderly. And, to do so, absent a mandate from the Legislature, would likely offer a blueprint for property owners to circumvent this long-standing licensing system.
The judge properly issued the injunctive relief enforcing the city's administrative order based on the city's proving all of the statutory elements of a lodging house.
b. Civil contempt. In each action here,
When announcing the fines during the April 14 proceedings, the judge made it known to the parties, in no uncertain terms, that he would hear them on vacating the fines if compliance was had by April 21, 2010. That did not occur, and the judge had no occasion to act on a request to erase the fines. On this record, there is no basis to do other than uphold the contempt orders.
The final judgments and orders of contempt are affirmed.
So ordered.
Here, there was no evidence to suggest the students in any of these cases were functionally a single housekeeping unit. It need not be emphasized that "[t]he general aim both of the zoning by-law and of the licensing statute is the promotion of the public welfare, but each is independent of the other and seeks to accomplish its purpose by different means." Marchesi v. Selectmen of Winchester, 312 Mass. 28, 31 (1942). Satisfying one does not necessarily entail legal compliance with the other.