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(A) The Committee shall receive from any person, except any person who has in the five years next preceding owned, directly or indirectly, any parcel of land in the city which was subject of a taking by the said city, duly recorded in the Suffolk County Registry of Deeds, by reason of nonpayment of a tax or lawful charge or assessment, applications for participation in the Urban Homestead Program. The Committee shall satisfy itself that the applicant has the ability to rehabilitate the structure which the applicant proposes to lease. In arriving at its determination, the Committee shall consider the following:
(1) The condition of the structure;
(2) The personal abilities of the applicant;
(3) Assets of the applicant;
(4) Mortgage commitments; and
(5) Availability of financing.
(B) In the event the Committee so satisfies itself, it shall declare the applicant eligible to lease the structure applied for.
(Ord. 1973 c. 13 § 3; CBC 1975 Ord. TS § 8; CBC 1985 8-2.3)
In the event that only one person has made application for a particular structure, and has been found eligible to lease the same, the Committee shall execute and deliver a lease as aforesaid, and, in the event that more than one applicant has been determined to be so eligible to lease a particular building, the said Committee shall conduct a drawing by lot, open to the public, and shall execute and deliver a lease to that applicant so selected; provided however, that no lease shall be executed unless the particular property to be demised has been advertised in a newspaper of general circulation in the city at least twice, seven days apart, the second advertisement to be published at least 14 days before the last date for applications to be filed.
(Ord. 1973 c. 13 § 4; CBC 1975 Ord. T8 § 9; CBC 1985 8-2.4)
Any lease given hereunder may be assigned with the consent of the Committee, which shall not be unreasonably withheld. The Committee may terminate a lease or make other equitable adjustment in the case of death or disability of the lessee.
(Ord. 1973 c. 13 § 5; CBC 1975 Ord. T8 § 10; CBC 1985 8-2.5)
The Building Commissioner and the Commissioner of Housing Inspection shall offer all reasonable assistance to lessee hereunder and the Committee, which assistance, without limiting the generality of the foregoing, shall include periodic inspection of the premises, the issuance of certificates as aforesaid, technical assistance in the preparation of building permit applications, consultation on applicable law, rehabilitation procedures and technique.
(Ord. 1973 c. 13 § 6; CBC 1975 Ord. T8 § 11; CBC 1985 8-2.6)
Cross-reference:
Ord. Section 9-1; St. T9 §§ 50, 56, 57
In the selection of the prospective purchasers of the buildings which are the subject of this Section, preference shall be given to the bona fide resident applicants of the neighborhood in which the building is situated. If there are no applicants from the neighborhood in which the building is situated, then the selecting authority may select any resident applicant of Boston as a purchaser, the selection of these prospective applicants to be subject to the approval of a local Selection Board appointed by the Mayor of the city.
(Ord. 1973 c. 13 § 7; CBC 1975 Ord. T8 § 12; CBC 1985 8-2.7)
(A) Notwithstanding the foregoing, the Boston Redevelopment Authority and the Office of Community Development may conduct an Urban Homestead Program under the provisions of Section 810 of the Housing and Community Development Act of 1974, being Pub. Law No. 93-383, § 808; provided, that such program is conducted consistent with an order adopted by the Boston City Council on February 9, 1976, and provided further that selection of applicants is done in a manner consistent with both that order and Subsections 8-2.4, 8-2.5, 8-2.6 and 8-2.8 hereof, except that the duties that would pertain to the Committee shall be exercised by the Office of Community Development.
(B) The said Office of Community Development shall from time to time, subject to the approval of the Mayor and City Council, promulgate, amend and repeal reasonable regulations not inconsistent with this Section.
(Ord. 1976 c. 2; CBC 1985 8-2.8)
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