Cambridge May Sue City Department

The city of Cambridge may sue its own building department for violating city ordinances related to rent control regulations.

At a hearing last Monday, City Councilor David E. Sullivan charged that Building Commissioner Joseph J. Cellucci erred in issuing a demolition permit for a building at 74-76 Putnam Ave., and said he would ask the city manager to bring legal action against Cellucci on behalf of the city.

Sullivan charged that the building department should not have issued the permit because it did not check with two city agencies first. According to city law, the building department must secure the approval of several city agencies before issuing a demolition permit.

Cellucci did not inform either the Cambridge Rent Control Board or the Cambridge Historical Commission before the demolition permit was approved for the Putnam Street site.

The rent board's approval is required to prevent landlords from destroying rent-controlled apartments in order to avoid the rent stabilizing laws. The building in question was rent-controlled.

The Historical Commission may restrict an owner's freedom to alter or destroy a building in cases in which the building is more than 50 years old and of some historical significance.

Cellucci told the council that his department issued the permit without notifying either body. However, he said state law provisions overrode his obligation to follow the city ordinances.

Sullivan said, "The law is extremely clear that a public official has a duty when he opposes a law to abide by the law or resign."

But Administrator of the State Board of Building Regulations and Standards Charles Dinezio, who testified at the hearing, said Cellucci did not act incorrectly and said state law permitted the state board to invalidate such city ordinances.

The hearing ended when the council granted Cellucci a postponement so he could seek legal counsel and representation.

"It's clear that the court will have to decide this issue," said Sullivan.

Sullivan labeled the issue "of grave significance," claiming Cellucci's action threatens to undermine Cambridge's rent control policies.

If the building department did not inform and secure the approval of the rent control board before issuing demolition permits, rent-controlled apartments could be demolished and new housing created which would not be subject to the rent control laws, Sullivan said.

According to Cambridge's rent control ordinance, which sets below-market rental rates for 17,000 housing units in the city of Cambridge, no new buildings may be regulated.