Section
10-1 BOSTON HOUSING AUTHORITY
10-2 RENTAL HOUSING EQUITY ORDINANCE
10-2.1 Definitions
10-2.2 Rent Equity Board
10-2.3 Registration
10-2.4 Maximum Rent
10-2.5 Adjustment of Maximum Rent
10-2.6 Rent Grievances
10-2.7 Rent Adjustment Proceedings of Controlled Housing Accommodations
10-2.8 Information to be Supplied in Connection with Tenant Petitions and Board Initiated Actions for Adjustment—Controlled Housing Accommodations
10-2.9 Evictions; Controlled and Vacancy Decontrolled Housing Accommodations
10-2.9A Rights of Elderly and Handicapped Tenants to Have Pets
10-2.10 Condominium and Cooperative Conversion
10-2.11 Removal of Housing Accommodations Regulated
10-2.12 Permits for Removal/Conservations of Housing Accommodations in Lodging Houses and Rooming Houses
10-2.13 Permits for Removal of Mobile Home Accommodations in Mobile Home Parks
10-2.13A Notice and Reasonable Opportunity to Purchase Units at the Time of Initial Conversion to Condominiums or Cooperatives
10-2.13B Interaction of This Section with Other Law; Transitional Provisions
10-2.14 Duties of the Board
10-2.15 Suspicious Fires
10-2.16 Civil Remedies
10-2.17 Criminal Penalties
10-2.18 Judicial Review
10-2.19 Injunctions
10-2.20 Effective Date and Duration
10-2.21 Constitutional Construction
10-2.22 Transitional Provisions
10-2.23 Renumbering Allowed by City Clerk
10-3 BOSTON FAIR HOUSING COMMISSION
10-3.1 Policy of the City
10-3.2 Establishment of the Boston Fair Housing Commission, Executive Director, Staff
10-3.3 Function; Powers and Duties of the Commission
10-3.4 Relations with City Agencies
10-3.5 Rules and Regulations of the Commission
10-3.6 Severability
10-4 EMERGENCY SHELTER COMMISSION
10-4.1 Composition of Board
10-4.2 Powers and Duties
10-4.3 Severability
10-5 INSTITUTIONAL EXPANSION BOARD
10-5.1 Established; Members; Terms; Qualifications
10-5.2 Powers and Duties
10-5.3 Application Notice to be Sent to the Board
10-5.4 Terms of Members
10-5.5 Election of Chair; Expenses of Members
10-5.6 Definition
10-6 DECLARING A STATE OF EMERGENCY AND ESTABLISHING CONTROLS RELATIVE TO INSTITUTIONAL EXPANSION
10-6.1 Declaration of Emergency
10-6.2 Definitions
10-6.3 Removal Regulated
10-6.4 Considerations
10-6.5 Penalties
10-6.6 Equitable Relief
10-6.7 Rules and Regulations; Promulgation of
10-6.8 Publishing of Reports Showing Payments in Lieu of Taxes from Tax-Exempt Institutions
10-6.9 Dormitory Licensing and Registration
10-6.10 Inspection of Dormitories; Permit
10-6.11 Biannual Report of the Police Commissioner
10-6.12 Effectiveness and Severability
10-7 NEIGHBORHOOD IMPACT COMMISSION
10-7.1 Members; Qualifications
10-7.2 No Compensation or Expenses Allowed
10-7.3 Duties
10-8 NEIGHBORHOOD HOUSING TRUST
10-8.1 Establishment
10-9 BOSTON RESIDENT PREFERENCE IN HOUSING PROGRAMS
10-9.1 Purpose
10-9.2 Definitions
10-9.3 Policy Statement
10-9.4 Annual Report
10-9.5 Implementation
10-9.6 Severability
10-10 UNIVERSITY ACCOUNTABILITY
10-10.1 Purpose
10-10.2 Definitions
10-10.3 Collection of Records—Directory
10-10.4 Report and Statistics Supplied to the City
10-10.5 Applicability
10-10.6 Regulatory Authority
10-10.7 Severability
10-10.8 Implementation
10-11 HOUSING STABILITY NOTIFICATION ACT
10-11.1 Purpose
10-11.2 Definitions
10-11.3 Applicability
10-11.4 Required Notice
10-11.5 Non-Waivability
10-11.6 Partial Invalidity
10-11.7 Enforcement
Editor’s note:
Ordinance 1995 c. 9 reaffirmed and reenacted Section 10-2 pursuant to Chapter 527 of the Acts of 1983, as well as all other sources of authority, to the extent applicable and authorized by law. Ordinance 1995 c. 9 was stricken by Ordinance 1996 c. 3 which was adopted in its stead as an amendment to Chapter X.
Pursuant to Section 10-2 of the City of Boston Code, Chapter X, and the authority of Chapter 527 of the Acts of 1983, where a tenant has condominium conversion eviction ban status pursuant to Section 10-2 of the City of Boston Code. Chapter X, such tenant shall have the same rent increase protections that exist for a tenant under notice pursuant to Subsection 10-2.10 for the duration of such ban and pursuant to such hardship provisions for rent increases to ensure a fair net operating income as the Board may establish by regulation.
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONDOMINIUM OR COOPERATIVE CONVERSION. The initial sale or transfer of legal title to a housing accommodation and the recording of the master deed or articles of organization pursuant to M.G.L. Chapters 156B, 157, 157B or 183A. As used herein, such term shall also mean any activity by a landlord, developer, investor or other persons which would result, is intended to result or does result in a change in the form of ownership of any housing accommodation to a CONDOMINIUM OR COOPERATIVE UNIT, whether by conversion of an existing housing accommodation or through demolition and construction of a new accommodation, or in the sale or transfer of legal title of any housing accommodation as a CONDOMINIUM OR COOPERATIVE UNIT, and shall include the transfer, sale, marketing, advertisement or Boston Redevelopment Authority, Boston Zoning Commission or Boston Zoning Board of Appeals approval of any housing accommodation as a condominium or cooperative unit.
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION.
(1) Includes:
(a) An eviction of a tenant for the purpose of removing such tenant from a housing accommodation in order to facilitate the initial sale and transfer of legal title to a condominium or cooperative unit in such housing accommodation to a prospective purchaser; or
(b) An eviction of a tenant by any other person who has purchased a condominium or cooperative unit in a housing accommodation when the tenant whose eviction is sought was a resident of the housing accommodation at the time the notice of intent to convert is given or should have been given to convert the housing accommodation to the condominium or cooperative form of ownership pursuant to this Section. However, the eviction of a tenant for non-payment of rent or other substantial violation of a rental agreement shall in no event be deemed a
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION, as long as the landlord would have taken the same action at the same time whether or not the landlord was converting the housing accommodation to the condominium or cooperative form of ownership.
(2) If a landlord intends to transfer the housing accommodation to a prospective purchaser where the landlord knows or should have known that the prospective purchase intends to convert the housing accommodation to a condominium or cooperative unit, and such prior landlord seeks to evict the tenant in anticipation of conversion, such eviction shall be deemed to be a
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION for the purpose of this Section.
(3) For purposes of this definition, the
INITIAL SALE AND TRANSFER OF LEGAL TITLE shall mean the first bona fide sale or proprietary lease for fair market value and EVICTION shall include, without limitation, any action by a landlord of a housing accommodation which causes substantial deprivation of a tenant’s beneficial use of such housing accommodation, materially impairs such tenant’s beneficial enjoyment of such housing accommodation or is intended to compel such tenant to vacate or be constructively evicted from such housing accommodation. An eviction shall be presumed to be a CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION if the landlord has the intent to convert, as defined below.
CONDOMINIUM UNIT. As defined in Section 3 of Chapter 527 of the Acts of 1983.
CONVERSION PERMIT. The permit granted by the Inspectional Services Department to the person or entity who intends to convert a housing accommodation into a condominium or cooperative unit, allowing the person who intends to make the initial sale and transfer of title to a residential unit in a housing accommodation as one or more condominium or cooperative units pursuant to an individual unit deed or deeds or, in the case of a cooperative, a proprietary lease or leases.
CONVERSION PLAN. The plan approved by the Office of Housing Stability which details tenants’ rights, landlord’s responsibilities and requirements needed to apply for a conversion permit.
CONVERT. The initial offer, in any manner, for sale and transfer of title to any residential unit as one or more condominium units pursuant to an individual unit deed or deeds or, in the case of a cooperative, an individual proprietary lease or leases.
COOPERATIVE UNIT. A unit in a housing cooperative as set forth in M.G.L. Chapter 157.
DISABLED TENANT. Tenant or tenant household in which at least one member has a physical or mental impairment, as of the date of the receipt of any notice provided for hereunder is given or should have been given, or the exercising of any right, whichever may occur later, under this Section, which:
(1) Substantially limits such person’s ability to care for them or themself, perform manual tasks, walk, see, hear, speak, breathe, learn or work;
(2) Significantly limits the housing appropriate for such person or significantly limits such person’s ability to seek new housing; or
(3) Meet the disability related provisions contained within the definition of “handicapped persons of low income” in M.G.L. Chapter 121B, Section 1; provided, a condition of dependency on alcohol or any controlled substance shall not be the basis of a determination of a disability.
ELDERLY TENANT. A tenant or tenant household in which at least one member is at least 62 years of age as of the date of receipt of any notice or the exercising of any right, whichever may occur later, under this Section.
HOUSING ACCOMMODATIONS.
(1) Any building or buildings, structure or structures or part thereof or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes, within the city, including without limitation, houses, apartments, condominium units, cooperative units, rooming or boarding house units and other properties used for living or dwelling purposes, together with all services connected with the use or occupancy of such property; provided however, that mobile homes, trailers or trailer or mobile home lots in mobile home parks, and publicly owned dwelling units shall not be subject to this Section, but shall continue to be subject to the protections contained in Subsection 10-2.2, and that to the extent such
HOUSING ACCOMMODATIONS are publicly owned housing, publicly subsidized housing or federally assisted housing within the meaning of M.G.L. Chapter 40P, Section 3(c), such that the city may have continued rent control enabling authority for such housing accommodation, such housing accommodation shall not be subject to this Section, but shall continue to be subject to the protections contained in Sections 10-2 and 10-3 that the following shall not be contained within the definition of HOUSING ACCOMMODATIONS for the purpose of this Section:
(a) Housing accommodations which the United States or the commonwealth or any authority created under the laws thereof either owns or operates;
(b) Housing accommodations in any hospital, convent, monastery, asylum, public institution or college or school dormitory operated exclusively for charitable or educational purposes, or in any nursing or rest home for the aged;
(c) Buildings containing fewer than four residential units, except for buildings which are part of a housing development as defined herein;
(d) Housing accommodations in hotels, motels, inns, tourist homes and rooming and boarding houses which are occupied by transient guests staying for a period of fewer than 14 consecutive calendar days;
(e) Housing accommodations which are converted to a limited equity housing cooperative organized and operated primarily for the benefit of low to moderate income persons, and whose equity, after allowance for the maximum transfer value of its stock, is dedicated through recorded deed restrictions to providing housing to persons of low and moderate income for a period of no less than 30 years; and
(f) Subsidized housing accommodations which are to be converted to a condominium structure in order to enable the necessary financing to retain, replace or augment the subsidized housing units.
(2) In addition, the following housing accommodations, while within the definition contained in St. 1983, c. 527, as amended, shall only be subject to the provisions or requirements contained in St. 1983, c. 527, as amended, to the extent not exempted under division (1)(a) through (1)(e) above, and not to the additional provisions or requirements contained in this Section:
(a) Housing accommodations constructed, or created by conversion from a non-housing to a housing use, on or after November 30, 1983;
(b) Housing accommodations which were constructed or substantially rehabilitated pursuant to any federal mortgage insurance program, without any interest subsidy or tenant subsidy or tenant subsidy attached thereto; and
(c) Housing accommodations financed through the Massachusetts Housing Finance Agency, with an interest subsidy attached thereto.
HOUSING DEVELOPMENT. As defined in Section 3 of Chapter 527 of the Acts of 1983, as amended by Section 5 of Chapter 709 of the Acts of 1989.
HOUSING SERVICES. Services of facilities provided by a landlord or required by law or by the terms of a rental housing agreement to be provided by a landlord to a tenant in connection with the use and occupancy of any housing accommodation, including, without limitation, services, furniture, furnishings and equipment; repairs, decorating and maintenance; provision of light, heat, hot water, cold water, telephone and elevator service; kitchen, bath and laundry facilities and privileges; use of halls, corridors, stairs, common rooms, yards and other common areas; maid service, linen service, janitorial service, removal of refuse, parking facilities and any other benefit, privilege or facility connected with the use or occupancy of any housing accommodation. HOUSING SERVICES to a housing accommodation shall include a proportionate share of the services provided to common facilities of the building in which the housing accommodation is located.
INTENT TO CONVERT. The intent to make the initial sale and transfer of title to a residential unit in a housing accommodation as one or more condominium or cooperative units pursuant to an individual unit deed or deeds or, in the case of a cooperative, a proprietary lease or leases. Factors that indicate such an INTENT TO CONVERT which shall be considered in determining whether a landlord has the INTENT TO CONVERT are:
(1) A master deed or articles of organization for the housing accommodation has been prepared or recorded;
(2) The landlord of the housing accommodation dwelling has prepared or is in the process of preparing a purchase and sale agreement for the sale of any unit as a condominium or cooperative unit;
(3) The landlord has advertised for sale any unit in the housing accommodation as a condominium or cooperative unit;
(4) The landlord has shown to any prospective purchaser a unit in the housing accommodation for the sale of such unit as a condominium or cooperative unit;
(5) The landlord has made any communication, written or oral, to any person residing in the housing accommodation expressly indicating an intent to sell any unit as a condominium or cooperative unit;
(6) The landlord has had any unit in the housing accommodation measured or inspected to facilitate the sale of the unit as a condominium or cooperative unit;
(7) The landlord has had the land surveyed, an engineering study performed or architectural plans prepared for the purpose of converting such housing accommodation into one or more condominium or cooperative units;
(8) Retaining a real estate agent for the sale of the converted unit;
(9) Retaining an attorney for the purpose of pursuing a conversion; and
(10) The landlord has submitted documentation to the Boston Redevelopment Authority as part of the development review process under the city’s Zoning Code Article 80-B (large project review), Article 80-C (planned development area review) or Article 80-E (small project review) identifying the project as containing a condominium or cooperative use.
INTEREST SUBSIDY. Any payment made by a federal or state government to reduce the effective interest rate payable by a mortgagor.
ISD. The City Inspectional Services Department.
LANDLORD. The individual who holds title to any housing accommodation in any manner, including, without limitation, a partnership, corporation or trust. For purposes of this Section, the rights and duties of the LANDLORD hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the LANDLORD.
LOW OR MODERATE INCOME TENANT. A tenant or group of tenants, all of whom occupy the same dwelling unit, whose total income for the 12 months immediately preceding the date of the notice provided for hereunder is given or shown to have been given, or the exercising of any right, whichever may occur later, is not more than 80% of the area median income, adjusted for household size, as published annually by the United States Department of Housing and Urban Development.
THE OFFICE OF HOUSING STABILITY or “OHS”. The Office of Housing Stability, a division within the Boston Department of Neighborhood Development charged with a number of responsibilities that include, but are not limited to, helping tenants and landlords understand their rights and responsibilities under commonwealth and local landlord-tenant laws, and providing assistance to support renter households who are at risk of displacement due to fires, evictions and other physical, economic or health circumstances.
RENT. The consideration, including without limitation, all bonuses, benefits, gratuities or charges contingent or otherwise, demanded or received for, or in connection with, the use or occupancy of a housing accommodation, for housing services, or for the transfer of a lease of a housing accommodation.
RENTAL HOUSING AGREEMENT. An agreement, oral, written or implied, between a landlord and a tenant for the use and occupancy of a housing accommodation and for housing services.
TENANT. A tenant, subtenant, lessee, sub-lessee or other person, entitled under the terms of a rental housing agreement to the use and occupancy of any housing accommodation.
UNIT. As defined in Section 3 of Chapter 527 of the Acts of 1983, as amended by Section 7 of Chapter 709 of the Acts of 1989.
(Ord. 1972 c. 19; Ord. 1974 c. 13; Ord. 1975 c. 15; CBC 1975 Ord. T10 § 1; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; Ord. 1985 c. 11, §§ 5, 6; CBC 1985 10-2.1; Ord. 1987 c. 4; Ord. 1987 c. 6 § 1; Ord. 1987 c. 12 § 1; Ord. 1988 c. 9 §§ 2, 3, 4; Ord. 1988 c. 11 §§ 2, 3, 4; Ord. 1989 c. 1 § 1; Ord. 1989 c. 2 § 1; Ord. 1993 c. 10 § 1; Ord. 1994 c. 8 § 1; Ord. 1996 c. 1 §§ 1, 2, 3; Ord. 1996 c. 3, § 1; Ord. 1996 c. 9 § 2, 3; Ord. 1999 c. 8 § 1; Ord. 2014 c. 16 § 1; Ord. 2021 c. 3 § 1)
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