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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
10-1 BOSTON HOUSING AUTHORITY.
10-2 RENTAL HOUSING EQUITY ORDINANCE.
10-3 BOSTON FAIR HOUSING COMMISSION.
10-4 EMERGENCY SHELTER COMMISSION.
10-5 INSTITUTIONAL EXPANSION BOARD.
10-6 DECLARING A STATE OF EMERGENCY AND ESTABLISHING CONTROLS RELATIVE TO INSTITUTIONAL EXPANSION.
10-7 NEIGHBORHOOD IMPACT COMMISSION.
10-8 NEIGHBORHOOD HOUSING TRUST.
10-9 BOSTON RESIDENT PREFERENCE IN HOUSING PROGRAMS.
10-10 UNIVERSITY ACCOUNTABILITY.
10-11 HOUSING STABILITY NOTIFICATION ACT.
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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10-2.4   Maximum Rent.
   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
10-2.5   Adjustment of Maximum Rent.
   (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
10-2.6   Rent Grievances.
   (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
10-2.7   Rent Adjustment Proceedings of Controlled Housing Accommodations.
   (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)
10-2.8   Information to be Supplied in Connection with Tenant Petitions and Board Initiated Actions for Adjustment—Controlled Housing Accommodations.
   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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