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(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
(A) All elderly, handicapped or low- or moderate-income tenants of decontrolled housing accommodations may petition the Board on a form approved by the Administrator for a downward adjustment of the rent for such a housing accommodation if the landlord has increased the rent for said tenant’s housing accommodation by percentage which is greater than the percentage increase in the consumer price index for the 12 months immediately preceding the date of said tenant’s petition. For the purpose of preventing rent gouging, all other tenants of decontrolled housing may petition the Board on a form approved by the Administrator for a downward adjustment of the rent for such housing accommodation if the landlord has increased the rent for said tenant’s housing accommodation by a percentage greater than 10% in any one year. The Board shall, at least annually, take all reasonable steps to make such tenant aware of the provisions of this Subsection and the rights and protections of all tenants existing pursuant to this Section. The Administrator shall conduct a hearing with respect to all such petitions filed and shall make a recommendation to the Board. The Board shall not be bound by the Administrator’s recommendation and shall evaluate independently the evidence as presented to the Administrator. The Board shall act within a reasonable time after receiving the Administrator’s recommendation; provided, however, such action shall occur within 60 days after the Board’s receipt of a petition. Until a decision has been made by the Board in favor of the tenant, the tenant shall be obligated to tender such rent increase as lawfully required by the landlord; provided, however, the Board shall order repayment. The Board may by regulation modify the hearing procedure provided for in this Section to serve the public interest.
(B) Any such petition shall be filed with the Board within 45 days after the tenant’s receipt of the landlord’s notice of the rent increase; provided, however, the Board may extend such period for filing if the tenant was unable to file the petition due to illness, absence from the city or other good cause. The Administrator shall notify the landlord upon receipt of a petition. Failure on the part of the landlord to appear at a hearing, either in person or through counsel, on a tenant’s petition pursuant to this Subsection shall result in an automatic approval of said tenant’s petition.
(C) Within 45 days after the effective date of this Section, annually on January 2, beginning in 1985, and as part of any notice of an increase in the rent for any decontrolled housing accommodation, and upon a tenant’s initial taking of occupancy in a unit of a housing accommodation, every tenant shall be notified in writing of his or her right to file a rent grievance with the Board pursuant to this Subsection. Such notice shall be in a form which has been approved by the Administrator and shall contain information respecting the conditions of eligibility and the procedure for such rent grievances. On or before February 1 of each year, the landlord shall file with the Board an affidavit, under penalty of perjury, that he or she has caused the notice to be mailed on or about January 2 to each such tenant. Notwithstanding any other provisions of this Subsection, no landlord shall receive more than one rent adjustment in any 12-month period.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 6; 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 10-2.6) Penalty, see Subsections 10-2.16, 10-2.17
(A) Individual adjustment of maximum rent. The Board shall consider an adjustment of rent for an individual controlled housing accommodation upon receipt of a petition for adjustment filed by the landlord or tenant of such housing accommodation or upon its own initiative. Such petition shall be made on a form approved by the Administrator. The Board shall notify the landlord and tenant if the petition was filed by the tenant, or the tenant and landlord if the petition was filed by the landlord, upon receipt of such petition of the right of either party to request a hearing in writing within 15 calendar days after the receipt of such notice, or the Board may schedule a hearing upon its own initiative. If a hearing is requested in a timely manner by either party, or if the action is undertaken upon the initiative of the Board, notice of the time and place of the hearing shall be furnished to the landlord and the tenant and the hearing shall be conducted before a designee of the Board. The Board may consolidate petitions and actions taken under its own initiative relating to controlled housing accommodations in the same building or development, and all such petitions and actions may be considered in a single hearing.
(B) General adjustment of maximum rent by regulation. Upon its own initiative, the Board may make a general adjustment, in addition to those required by Subsection 10-2.5(A), by percentage or otherwise, of the rental levels for any class of controlled housing accommodations subject to such conditions, if any, as the Board shall determine. Prior to making such adjustments, a public hearing shall be held before at least a majority of the Board. Notice of the time, place and purpose of such hearing shall be published three times in at least one newspaper of general circulation in the city, the first such publication shall appear at least 30 calendar days prior to the scheduled date of said hearing.
(C) Limitations on petitions for individual adjustment. Notwithstanding any other provision of this Subsection, the Board may, without holding a hearing, refuse to adjust the maximum rent for an individual controlled housing accommodation and may dismiss any petition for adjustment if a decision has been made with respect to the maximum rent for such housing accommodation within the preceding 12 months or if the Board finds that the petition for adjustment is filed for the purposes of harassment or for any other purpose not intended by this Section.
(D) Hearings required under division (A) above shall be conducted in accordance with the provisions of M.G.L. Chapter 30A, Section 11, except that requirements (7) and (8) of said Section 11 shall not apply to such hearings.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 7; 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 10-2.7)
Upon receipt by the Board of a tenant petition for adjustment of maximum rent for a controlled housing accommodation, or upon action initiated by the Board for adjustment of maximum rent for any such housing accommodation, the landlord shall furnish to the Administrator, within 15 days after a written demand thereof, an information statement in forms approved by the Administrator. Whoever fails to file in a timely manner any information required to be filed under this Subsection may, in addition to all other penalties pursuant to Subsection 10-2.17, subject to a fine of up to $50 per calendar day, or part thereof, that such failure continues.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 8; 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 10-2.8) Penalty, see Subsections 10-2.16 and 10-2.17
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