GEORGE TOWN – Management committee (MC) chairpersons of low-cost flats and affordable apartment complexes in Penang have praised a “timely” proposal made by an assemblyman for the Penang government to consider introducing guidelines for homes rented out to foreigners.
However, they are divided on which party shook take over enforcing the guidelines: themselves or local councils.
During the state assembly session held late last month, Batu Uban assemblyman A. Kumaresan suggested that Penang homeowners’ practice of renting out their apartment units to non-citizens – especially to Rohingya refugees – had recently been garnering public attention and required a proper, prudent approach by the state government.
While acknowledging that refugees need places to live after fleeing the conflict in Myanmar, he noted that their presence in residential areas has sparked concerns about safety, cleanliness, and usage of public facilities among locals.
The backbencher from PKR also said that these guidelines could cover tenant registration processes, documentation, and supervision procedures, with the responsibility being put on joint management bodies (JMBs) or MCs.
Speaking to Scoop, the MC chairman of Mutiara Heights apartment in Jelutong, Muhd Arshad Abdul Rahman, welcomed Kumaresan’s proposal – describing it as a proactive measure that should be adopted by all MCs and JMBs before the issue of renting to foreigners becomes “more serious” in their respective apartments.
Arshad said such renting practices have been an issue for the Jelutong-based apartment in the past, as many owners have been renting out their units to non-citizens. This situation led to the MC’s decision last year to completely prohibit foreigners from renting there, using available laws.
“Our decision drew the objection of the Malaysian Human Rights Commission (Suhakam) which cited human rights (concerns), but we have stressed that they can’t interfere in (matters related to) strata-building laws as well as our decision to prohibit renting to foreigners, as well as allowing the units to be used as foreign worker hostels,” he said, adding that apartment residents have unanimously backed the MC’s decision.
Arshad said that the practice sparked ethical and logistical issues, as up to 15 foreign workers were cramped up in apartment units that were converted into hostels thus straining the apartment’s facilities such as lifts during peak hours.
The foreign tenants were previously reported by the press as “having disregard for ensuring the apartment remains clean”, as they would spit betel leaves everywhere and throw rubbish from above despite trash cans being made available on each floor.
“The proposal made by the assemblyman is timely and I hope that it can be looked into by the state government and implemented immediately by the Commissioner of Buildings,” he added.
Meanwhile, Md Aris Sultan, the MC chairman of Flat Bata Merah in Batu Lanchang, also welcomed the proposed guidelines as homeowners have been emboldened to rent out their properties to foreigners as no law prohibits them from doing so.
Speaking to Scoop, he lamented the attitudes of foreign tenants in the low-cost apartment he supervises – not complying with the MC’s rules as well as making “making a lot of noise” since they are cramped into the rental units in a large number.
Echoing Arshad and Aris’s praises for the proposal is Abdul Shukor Ali, the MC secretary of Taman Seri Damai apartment, also in Batu Lanchang, who emphasised on keeping homeowners who rent their units to foreigners in check as they often leave the MC in the dark on their rental decisions.
“The homeowners who reside here (in this Taman Seri Damai apartment) do not inform us that they are going to rent out their homes. Sometimes we don’t even know which owners are renting out (their units),” he told Scoop when contacted.
Shukor also suggested that the regulations proposed by Kumaresan should be paired with a ban to prohibit low-cost apartment owners from running homestays on their properties, as he pointed out that both renting to non-citizens and operating homestays create the same negative impacts on the apartments.
He also suggested that homeowners who rent their properties to foreign tenants be imposed with a higher valuation fee or penalties by the Penang Island City Council (MBPP).
Should the MCs take on extra responsibilities?
Despite positive reception toward the proposed rental guideline, the MC heads are divided on whether these committees should shoulder the additional responsibilities suggested by Kumaresan in enforcing the guidelines.
Arshad is of the view that the MCs should undertake the additional responsibilities, although he opined that the adoption of the guidelines can be made optional for them.
“MCs of apartment complexes that agree to rent their units to foreigners should shoulder these (additional) responsibilities, and they should not see (these guidelines) as burdensome since it is their duties.
“However, the apartments that do not agree (to rent to foreigners) should not be made to (adopt) the guidelines,” he suggested.
However, Aris disagreed that MCs should be taking on additional responsibilities as they operate voluntarily and do not receive a salary from their positions.
“Therefore, it would be preferable if the local councils take the responsibility in enforcing these guidelines. Don’t drag the MC into this as it is difficult for us to handle everything,” he told Scoop.
Meanwhile, Shukor said that his MC can only adopt the additional responsibilities with the condition that there is a two-way cooperation between the state government and local authorities to enforce the guidelines should it be adopted, on top of cooperation from homeowners.
“First the state government has to pass the guidelines at the state assembly, which would state that homeowners caught renting their units to foreigners will see penalties imposed on them and that their assessment rate will be increased.
“Then only we (MC) can enforce the guidelines. Otherwise, these homeowners would ignore us when we tell them not to rent to foreigners or run homestays as they would say that those are their houses so they can do whatever they want.
“Do this (enforcement) first, and then they (homeowners) will come back to us,” added Shukor. – December 16, 2024