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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)
(A) Composition. There shall be in the city a Board, known as the Rent Equity Board, consisting of five residents of the city appointed by the Mayor, including two tenants of rental housing units, who own no dwelling units; two landlords, one of whom owns or manages at least 20 rental dwelling units in the city, and one who owns or manages more than three, but less than 20 rental dwelling units in the city; and one member representing the public interest, who shall have no prior involvement in advocacy on behalf of tenants or landlords, but shall represent a broad and unbiased public interest. The Administrator, with the approval of the Mayor, may serve as a public member of the Board. Members of the Board shall be appointed for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected. To the extent possible the Board shall reasonably reflect the racial composition of the city. The Administrator, if a member of the Board, shall not serve as Chairperson of the Board. The Board shall elect one of its members as Chairperson to serve in that capacity for a term of one year. Vacancies shall be filled by the Mayor for the unexpired term. The Mayor may remove any member of the Board in accordance with the provisions of Subsection 5-5.13.
(B) Compensation. Each member of the Board shall receive compensation for actual service in the amount of $15 per hour, or part thereof. The Administrator shall not receive any additional compensation for duties performed as a member of the Board, beyond the Administrator’s salary. Members of the Board, other than the Administrator, are hereby classified as special municipal employees for the purpose of M.G.L. Chapter 268A.
(C) Powers and duties. The Board shall be responsible for carrying out the provisions of this Section. The Board shall hire, with the approval of the Mayor, the Administrator. The Board shall promulgate such policies, rules, rulings and regulations, and shall issue such orders, as will further the provisions of this Section. The Board shall, as provided in Subsections 10-2.4, 10-2.5 and 10-2.7, establish and adjust the maximum rent for housing accommodations; shall, as provided in Subsection 10-2.6, adjust the rent for decontrolled housing accommodations; shall, as provided in Subsection 10-2.9, grant or deny certificates of eviction; shall, as provided in Subsection 10-2.11, grant, deny or modify removal permits and shall bring such proceedings as may be necessary to enforce the provisions of this Section or to enforce any policy, rule, ruling, regulation or order promulgated or issued by the Board pursuant to this Section. The Board may refer any appropriate matter to the Assessing, Building, Fire or Housing Inspection Departments, or any other appropriate Department, of the city, and may, at the request of any landlord, render a binding advisory opinion as to the permissible impact of a proposed capital improvement on the rents.
(D) Studies, information, investigations and Reports. The Board may make such studies, conduct such hearings and investigations and obtain such information as is deemed necessary in promulgating any regulation, rule or order pursuant to this Section and any regulations or order promulgated hereunder. For the foregoing purposes, a person may be summoned to attend and testify, to produce documents and to prepare in a like manner as he or she may be summoned to attend as a witness before a court and before the Boston City Council under M.G.L. Chapter 233, Section 8. Any person who rents or offers for rent or acts as broker or agent for the rental of any controlled housing accommodation or decontrolled housing accommodation may be required to furnish under oath any information required by the Board which relates specifically to said housing accommodations, to provide records and other documents and to make reports. Such persons shall have the right to be represented by counsel, and a transcript shall be taken of all testimony and such person shall have the right to examine said transcript at reasonable times and places. M.G.L. Chapter 233, Section 10 shall apply. The Board shall recommend adoption of such amendments as may be necessary to carry out the purposes of this Section.
(E) Determination of invalidity. In the event that any policy, rule, ruling, regulation or order promulgated by the Board is held invalid by any court of competent jurisdiction, the Board shall forthwith amend or revoke such policy, rule, ruling regulation or order, and cease further enforcement thereof, to the full extent required in order to conform to the principles and reasoning set forth in the decision of such court, and such decision shall be deemed binding upon the Board in connection with any and all pending matters.
(F) Recommendations. The Board shall confer with interested parties, including, but not limited to, representatives of landlords, tenants and community development corporations in order to develop written recommendations to the Boston City Council and the Mayor for amendments to the Section which will foster the preservation of housing accommodations constructed or developed pursuant to Sections 202, 221(d)(3) and 236 of the National Housing Act, being
12 U.S.C. §§ 1708, 1715(d)(3) and 1724 et seq., as housing which will remain affordable to the low-income tenants and moderate-income tenants presently residing in such accommodations, including, but not limited to, incentives for limited equity cooperative ownership by such tenants and appropriate requirements for tenant financial contribution. The Board shall also study and make recommendations on the need for any additional procedures regarding evictions from housing which has mortgages which are financed by the Massachusetts Housing Finance Agency (“MHFA”). Such study shall include an analysis of present and proposed MHFA hearing procedures. The Board shall report all of its recommendations under this provision by June 30, 1989.
(G) Charges.
(1) The Board shall require every landlord of rent controlled or vacancy decontrolled housing accommodations to pay an annual charge for services provided by the Board under this Section. Such charge shall be for such services as, without limitation, the Board’s cost of maintaining records regarding the landlord’s housing accommodations; the Board’s calculations of the landlord’s annual general adjustment of maximum rent; and the Board’s developing, mailing and otherwise providing printed information and forms regarding rent control, vacancy decontrol and other related matters. Such charge shall be established by the Board by regulation on a fiscal or calendar year basis and shall be charged per individual housing accommodation, whether such housing accommodation is occupied or unoccupied. The Board may establish a charge by subclass for such housing accommodations. Any such annual charge established by the Board shall be reflective of the costs incurred by the Board in providing services under this Section; provided, however, that in no event shall such annual charge be less than $12 nor more than $36 per year per individual housing accommodation. The annual charge shall be payable to the city by the landlord, and the Board shall establish by regulation the time, place and manner for such payment. The Board shall ensure that all charges collected pursuant to this Section are deposited with the Collector-Treasurer. After such payment has been made, the landlord may charge all or part of the annual charge for each such housing accommodation to the tenants thereof. For purposes of this Section, if the landlord so acts, said charge shall be rent, as defined by Subsection 10-1.2.
(2) If a landlord has failed to pay such charge as required, all petitions, applications or other like submissions filed with the Board by such landlord requesting Board action shall be deemed defective and the Administrator shall administratively dismiss such petition, application or submission.
(3) A general adjustment of maximum rent for any class of rent controlled housing accommodation shall not be applicable and an increase shall not be authorized for such housing accommodation where the landlord fails to pay the annual charge required herein for such housing accommodation. Notwithstanding anything stated in this Section to the contrary, the Administrator may allow a petition, application or other submission to go forward, and may allow a general adjustment of maximum rent to be applicable and a rent increase to be authorized, if a landlord who has not paid the charge required herein shows, and the Administrator finds, good cause for such nonpayment.
(Ord. 1972 c. 19; Ord. 1974 c. 13; Ord. 1975 c. 15; CBC 1975 Ord. T10 § 2; 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. 1984 cs. 7, 29-34; CBC 1985 10-2.2; Ord. 1988 c. 9 § 10[e]; Ord. 1988 c. 11 § 5; Ord. 1989 c. 1 § 2; Ord. 1989 c. 7 § 1; Ord. 1991 c. 2 § 1)
Editor’s note:
Ordinance 1987 c. 6 § 6 is as follows:
SECTION SIX. NOTICE. Within 60 days after the passage of this Section the Rent Equity Board shall notify all residents of the City of the protections provided by Chapter 34 of the Ordinances of 1984 as amended. (See Subsection 10-2.10 and Subsection 10-2.12.)
Ordinance 1987 c. 12 § 4 is as follows:
SECTION FOUR. NOTICE. Within ten days after the passage of this Section, the Rent Equity Board shall notify all residents of mobile home parks in the city of the protections provided by this Section. (See Subsection 102.13.)
The Board may require registration of all controlled housing accommodations on forms approved by the Administrator. Whoever fails to file in a timely manner any statement or information required to be filed under this Section shall, in addition to all other penalties pursuant to Subsection 10-2.17, be subject to a fine of up to $50 per calendar day, or part thereof, that such failure continues. No petition for an upward adjustment of maximum rent shall be accepted by the Board until all statements and information required to be filed pursuant to this Section have been filed, and all such petitions received prior to such filing shall be dismissed by the Board.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 3; 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; CBC 1985 10-2.3) Penalty, see Subsection 10-2.17
The maximum rent of a controlled housing accommodation shall be the rent which was established under Chapter 842 of the Acts of 1970, and Section 13(a) of Chapter 19 of the Ordinances of 1972, as amended as adjusted by the Board pursuant to Chapter 15 of the Ordinances of 1975, as amended or Chapter 1 of the Ordinances of 1983, as amended, whichever is applicable; provided, however, the maximum rent for a rent controlled housing accommodation in a cooperative shall be the rent charged as of May 1, 1982. If the maximum rent of a controlled housing accommodation has not otherwise been established, it shall be established by the Board. Any maximum rent for a controlled housing accommodation shall be adjusted subsequently in accordance with the provisions of Subsections 10-2.5 and 10-2.7. The maximum rent for a mobile home or a mobile home lot shall be the rent charged as of September 1, 1995.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 4; 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; CBC 1985 10-2.4; Ord. 1996 c. 1 § 4; Ord. 1996 c. 9 § 4) Penalty, see Subsection 10-2.17
(A) General adjustments.
(1) Commencing in 1985, the Board shall annually adjust the maximum rent established pursuant to Subsection 10-2.4 by percentage, for all controlled housing accommodations which have not received an adjustment during the prior calendar year and which are in compliance with Chapter II of the commonwealth’s Sanitary Code, being 105 CMR 410. Each such maximum rent shall be adjusted in an amount equal to the percentage increase or decrease in the consumer price index during the prior calendar year, said adjustment to become effective on June 1 of each year commencing on June 1, 1985.
(2) The Board may, by order or regulation as provided in Subsection 10-2.7, make such other general adjustments, either upward or downward, in the maximum rent established by Subsection 10-2.4 for all controlled housing accommodations or any class thereof as may be necessary to remove hardships or to correct other inequities, and in so doing, shall observe the principle of maintaining maximum rents for controlled housing accommodations at levels which will yield to landlords a fair net operating income from such housing accommodations.
(3) The Board shall cause a notice of any such general adjustment of maximum rents for controlled housing accommodations to be published three times in at least one newspaper of general circulation in the city at least 30 days prior to the effective date thereof and shall send to all landlords of controlled housing accommodations a copy of said notice by first-class mail.
(B) Individual adjustments. The Board shall by order as provided in Subsection 10-2.7, make such individual adjustments, either upward or downward, of the maximum rents established by Subsection 10-2.4, or as adjusted pursuant to division (A) above, for any controlled housing accommodation as may be necessary to remove hardships or to correct other inequities, and in so doing, shall observe the principle of maintaining maximum rents for controlled housing accommodations which will yield to landlords a fair net operating income from such housing accommodations.
(C) Fair net operating income. In determining whether the maximum rent for a controlled housing accommodation yields a fair net operating income, the Board shall consider, without limitation, the following relevant factors:
(1) Increases or decreases in property taxes;
(2) Unavoidable increases or any decreases in operating and maintenance expenses;
(3) Capital improvement of the controlled housing accommodation;
(4) Increases or decreases in living space or housing services; and
(5) Substantial deterioration of the controlled housing accommodation, other than ordinary wear and tear, or failure to perform ordinary repair, replacement or maintenance.
(D) Rent adjustment schedule. For the purposes of adjusting rents under the provisions of division (B) above, the Board may promulgate a schedule of standard rental increases or decreases for improvement or deterioration of specific housing services.
(E) Denial of adjustment. Notwithstanding any other provisions of this Subsection, the Board may deny or refuse to grant any upward adjustment of the maximum rent for a controlled housing accommodation, if, upon petition of the tenant, it determines that the affected controlled housing accommodation does not comply with Chapter II of the commonwealth’s Sanitary Code, being 105 CMR 410, or the commonwealth’s Building Code, being 780 CMR, or the Boston Fire Prevention Code or any other applicable municipal code, ordinance or commonwealth law, regulating the conditions or occupancy of housing accommodations. The Board may refuse to make a downward adjustment of the maximum rent for a controlled housing accommodation if it determines that the tenant is more than 60 days in arrears in tendering rent for such housing accommodation, unless such arrearage is due to a withholding of rent pursuant to the provisions of M.G.L. Chapter 111, Section 127L or Chapter 239, Section 8A. For the purposes of this division (E), an inspection report of a Board inspector or of any authorized commonwealth or city inspector or investigator shall be prima facie evidence that the conditions or lack of compliance reported exists.
(F) Maximum rent levels. The Board may remove maximum rent levels established pursuant to Subsections 10-2.4, 10-2.5 or 10-2.7, for any class of controlled housing accommodations if, in its judgment, the need for continuing such maximum rental levels no longer exists because of sufficient construction of new housing accommodations, the rental levels for which are comparable to the rental levels of the class of controlled housing accommodations for which the maximum rental levels are to be discontinued or because the demand for housing accommodations has otherwise been met. Any maximum rental level removed pursuant to this division (F) shall be reimposed or adjusted and reimposed upon a finding by the Board that a substantial shortage of housing accommodations exist and that such reimposition is necessary to serve the public interest. Any action under this division (F) shall be subject to the hearing and notice requirements of Subsection 10-2.7(B).
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 5; 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; CBC 1985 10-2.5) Penalty, see Subsection 10-2.17
Cross-reference:
Fire Prevention Code, see § 11-5
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