Tenants Affected By Gas Explosions Can Withhold Rent: AG

NORTH ANDOVER, MA -- Since the Sept. 13 gas explosions in Lawrence, Andover and North Andover, adjusters for Columbia Gas of Massachusetts have been telling renters without heat and hot water to withhold rent from their landlords. Some tenants and several landlords questioned the fairness of this advice. But, according to guidance issued by Attorney General Maura Healey Wednesday, the adjusters were right.

"Trying to collect rent or threatening eviction for nonpayment of rent on a unit that lacks heat or hot water due to the Columbia Gas explosions will be considered a violation of the state consumer protection act by the AG’s Office," Healey's office said. Instead, landlords will have to file claims for lost rent with the utility.

Massachusetts law allows tenants to withhold rent if they are without heat or hot water. But in light of the unusual circumstances in which thousands of residents in the three communities may be without gas service, there was widespread confusion among both tenants and landlords. Healey's guidance was aimed at clearing up that confusion.

"Nearly two months after the Columbia Gas explosions, thousands of homes in the Merrimack Valley still have no heat or hot water," Healey said. "My office is issuing this guidance to ensure that both tenants and landlords are able to make the appropriate claims from Columbia Gas and do not suffer financial losses."

The office also said tenants should file a claim with Columbia Gas if they have paid rent since Sept. 13. Complete information on the ruling, as well as information on filing a complaint against Columbia Gas with the AG's office, is available online.

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Patch file photo.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).