Imagine a perfect neighborhood: it's reminiscent of the neighborhoods of the 1950s. Warm, friendly faces, holiday parties, carpools, and unlocked doors are the norms. Such neighborhoods do exist today, but in modern times that perfect image is complicated by the fact that a couple of clicks on the Internet yield a map of your home surrounded by little dots that represent neighbors. And not just any neighbors—these are sex offenders. Welcome to the '00s—or reality—where those friendly people you have known for years are suddenly a danger to your children.

The issue of how to react correctly to a sex offender moving in next door is forcing property owners to make increasingly difficult decisions when these citizens with criminal histories re-enter society and settle into our neighborhoods. Released offenders who have served their time are legally free to reintegrate, but families and parents worry about the safety of their children. Parents want to know who, if anyone, will alert them to the offender's presence and if landlords are allowed to refuse sex offenders as tenants. Ambiguities in the law often make decisions to deny or allow tenancy difficult, particularly because a landlord may be caught in a battle between preventing possible offenses toward other tenants and being accused of discrimination.

Finding Out What You Need to Know

In Massachusetts, the term sex offender describes "a person who resides, has secondary addresses, works, or attends an institution of higher learning in the commonwealth, and who has been convicted of a sex offense, or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense," (MGL ch. 6, § 178C, Definitions). There are three levels of sex offenders, and the levels are established by the Massachusetts Sex Offender Registry Board. A Level 1 offender has a low risk of reoffense and does not pose a high degree of danger to the public. A Level 2 sex offender has a moderate risk of reoffense and poses some danger to the public, and lastly, a Level 3 offender poses a high risk to the public and is more likely to commit a crime. Determining a sex offender's level of risk can be lengthy process, and the determination can change depending on current laws and whether the sex offender commits additional offenses. (See MGL ch. 6, § 178K(2) (Sex offender registry board; member qualifications; guidelines to assess risk of reoffense; notification); and Regulations of the Criminal History Systems Board, 8.03 CMR 1:03).

In Massachusetts, information about Level 2 and Level 3 sex offenders is available to the public at local police stations and on the Internet. The inquiry must be made by an adult who is over the age of 18 and be specific to any sex offenders living or working in the area. The adult can make the request either for his or her own purposes or on behalf of a minor in the custody of that individual. In answer to the inquiry, community residents can access the names, home and work addresses, dates of birth, fingerprints, and photographs and physical descriptions of any offenders who live or work nearby and the information on the time and nature of the crimes committed. Homeowners, trustees, or landlords who live or work in near a Level 2 sex offender's home or place of business must take the initiative to secure the data themselves. In communities where Level 3 sex offenders live, work, or attend schools of higher education, however, an individual's efforts to secure the needed information is supplemented by the requirement for local police stations to post the information in public buildings and to provide it to the schools and to any organization or "anyone who may come in contact with the offender." According to current regulations in Massachusetts, the police are also allowed to notify communities about Level 3 sex offenders through local publications and local cable television. They are also required to update this information as it changes.

Currently, under Massachusetts law, an individual who receives information about a Level 3 sex offender is allowed to further disseminate it within his or her community. For the condominium, this means that a condominium association trustee, property manager, or landlord is allowed to spread the word regarding the presence of a sex offender in the community. But this information cannot be used to harass the sex offender(s) either personally or in the form of posting fliers that detail where the offender(s) live or work.

In order to be able to access the information they need about sex offenders, trustees and property managers should be educated about the tools at their disposal and the rules that govern how the information must be managed. It is a good idea to encourage unit owners to know where to look up sex offender-related information because it gives them some control in patrolling the neighborhood and keeps them informed. One useful tool is the Sex Offender Registry, which locates offenders who are in violation of a state law, such as living too close to a school or a playground.

Massachusetts keeps track of the most dangerous offenders through several different programs. In 2004, Governor Mitt Romney created a pilot tracking system for Level 3 sex offenders who were on probation. Offenders were outfitted with GPS bracelets that alerted parole officers whenever the sex offender entered a restricted area, such as a school. The bracelets also tracked the exact location of the offender and saved time by alerting parole officers to call only those offenders who were not outfitted with one of the tracking device when something happened in the area. The use of these devices in other states has thus far been very successful in reducing sex offender-related crimes.

React But Don't Harass

The question of what exactly constitutes harassment in this case is fairly broad and not well-defined in Massachusetts. Just how active a trustee can be in disseminating such information is unclear because the guidelines for community members are ambiguous. At the very least, trustees or property managers appear to be able to inform the community of offenders who live or work in the vicinity. But it is wise to tread carefully. Illegal discrimination or harassment of a sex offender can result in jail time of no more than two and one-half years or in a fine of no more than $1,000 or in both a fine and imprisonment.

Rentals Pose Particular Problems

Laws regarding sex offenders are continually changing. By way of example, the Department of Housing and Urban Development now prohibits landlords in public housing and assisted housing programs from renting to sex offenders who are subject to lifetime registration under the Sex Offender Registry. Although created in the interests of protecting the general public, the rule has its own perils. In Boston, for example, according a recent article in the Boston Globe, the majority of Level 3 sex offenders end up in homeless shelters, where they are a threat to the people who live near them. Massachusetts does not formally restrict sex offenders from living in certain neighborhoods, but that is not the case in New Hampshire, where the town of Northfield recently decided to shutter itself off to sex offenders. In Northfield, and the three other towns that have similarly shut their doors to offenders, landlords are prohibited from renting to the offenders.

For a landlord, renting to a sex offender poses a risk because no one can predict what the sex offender will do in the future. As a result, no one set of rules can be uniformly applied in cases concerning sex offenders. The best answer to the uncertainty is to stay informed. Property managers can inform their communities if there are Level 3 sex offenders nearby. Police also act to notify communities of these most dangerous offenders. To support the efforts of homeowners, trustees, managers, and landlords to stay current, state legislation should be modified to include more specific guidelines as to what the general public can do with the information they acquire regarding the Level 3 sex offenders in their neighborhoods. A good first step would be to define what, exactly. constitutes harassment under the statute so trustees, property managers, and land owners will not face criminal charges for spreading gossip instead of information. When dealing with situations regarding sex offenders, it's best to be perfectly certain that appropriate steps that are consistent with the situation are being taken. To do so, it is best to consult your attorney.