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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
10-2.9   Evictions; Controlled and Vacancy Decontrolled Housing Accommodations.
   (A)   No person shall bring any action to recover possession of a controlled or vacancy decontrolled housing accommodation unless:
      (1)   The tenant has failed to pay the rent to which the landlord is legally entitled;
      (2)   The tenant has violated an obligation or covenant of tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord;
      (3)   The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the housing accommodation, or is creating substantial interference with the comfort, safety or enjoyment of the landlord or other occupants of the same or any adjacent housing accommodation;
      (4)   The tenant is convicted of using or permitting a housing accommodation to be used for any illegal purpose;
      (5)   The tenant, who had a written rental housing agreement which terminated on or after the passage of this Section has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not inconsistent with or violative of any provisions of this Section;
      (6)   The tenant has refused the landlord reasonable access to the housing accommodation for the purpose of making necessary repairs or improvements required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the housing accommodation to any prospective purchaser or mortgagee;
      (7)   The tenant holding at the end of a lease term is a subtenant not approved by the landlord;
      (8)   (a)   The landlord seeks to recover possession in good faith for the use and occupancy of himself or herself, or his or her children, parents, brother, sister, father-in-law, mother-in-law, son-in-law or daughter-in-law:
            1.   Which is occupied by a tenant entitled to protections under paragraph k. of Subsection 10-2.10; or
            2.   For which a master deed was or articles of organization were duly recorded after December 28, 2011, pursuant to M.G.L. Chapters 183A, 156B, 157 or 157B.
         (b)   Notwithstanding any other provisions of this Section, including, but not limited to, division (A)(8)(a) above and paragraph k. of Subsection 10-2.10, the Board shall issue a certificate of eviction to the owner of a condominium or cooperative housing accommodation who has satisfied the Board that the following requirements have been met:
            1.   The owner legally occupied the housing accommodation continuously for at least one year as his or her principal residence after conversion or removal;
            2.   The owner subsequently rented the housing accommodation to a tenant; and
            3.   All the legal owners demonstrate that they, in good faith, intend to reside in the housing accommodation as their principal residence.
      (9)   The landlord seeks to recover possession to demolish the same in compliance with a lawful government order;
      (10)   Recovery of possession in order to remove a controlled or decontrolled housing accommodation shall not be a valid reason to recover possession of a housing accommodation occupied by a tenant protected by Subsection 10-2.10 or of any controlled or decontrolled housing accommodation for which a master deed was or articles of organization were duly recorded pursuant to M.G.L. Chapters 183A, 156B, 157 or 157B; and
      (11)   The landlord seeks to recover possession for any other just cause; provided that his or her purpose is not in conflict with the provisions and purposes of this Section.
   (B)   The landlord of any controlled or vacancy decontrolled housing accommodation or other property subject to this Subsection shall include the full text of division (A) above on all leases entered after [date of enactment].
   (C)   Failure to comply with this Subsection shall be an affirmative defense to any action to recover possession of a controlled or vacancy decontrolled housing accommodation.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 9; 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 10-2.9; Ord. 1987 c. 6 § 3; Ord. 1988 c. 9 §§ [A], [B], [C], [D], [E]; Ord. 2011 c. 17) Penalty, see Subsection 10-2.17
10-2.9A   Rights of Elderly and Handicapped Tenants to Have Pets.
   (A)   Notwithstanding the provisions of any lease or rental agreement to the contrary, no owner of a controlled or decontrolled housing accommodation subject to the jurisdiction of the Board may, as a condition of tenancy or otherwise, prohibit or prevent any elderly or handicapped tenant from owning common household pets or having such pets living in the tenant’s unit. Furthermore, no owner of a controlled or decontrolled housing accommodation shall have the right to restrict or discriminate against any elderly or handicapped tenant in connection with admission to, or continued occupancy of, such housing by reason of the tenant’s ownership of common household pets or the presence of such pets in that tenant’s unit. The owner of such housing accommodations shall have the right to promulgate reasonable requirements regarding the number of common household pets allowed in each unit, standards of pet care, licensing, inoculation and leash laws, similar to those developed by the commonwealth’s Society for the Prevention of Cruelty to Animals, and consistent with commonwealth and local laws on animal control, such as M.G.L. Chapter 140, Sections 136A—174F. Nothing in this provision shall bar the owner from requiring the removal of any pet if the pet’s conduct or condition is determined to constitute a nuisance or a threat to the health or safety of other occupants of the building, structure or development of other persons in the community where the housing accommodation is located.
   (B)   Notwithstanding the exemptions found in Subsection 10-2.1, the definition of “housing accommodation”, all housing accommodations in mobile homes, in mobile home parks and in structures having three or more dwellings, excluding motels, hotels or inns, and excluding housing accommodations in structures having three dwelling units, one of which is occupied by all the legal and beneficial owners of the structure as their principal residence, shall be subject to the provisions of this Subsection.
(CBC 1985 10-2.9A; Ord. 1988 c. 13 §§ 1, 2) Penalty, see Subsection 10-2.17
10-2.10   Condominium and Cooperative Conversion.
   (A)   Requirements for conversion. No person shall convert a housing accommodation, or engage in a condominium or cooperative conversion eviction, or sell a unit for immediate occupancy by the purchasing landlord until they have:
      (1)   Provided notice of conversion to tenants as required by this Section;
      (2)   Filed a Conversion Plan with OHS;
      (3)   Provided benefits to tenants as required by this Section and set forth in conversion plan; and
      (4)   Obtained a conversion permit from ISD pursuant to this Section.
   (B)   Required notice.
      (1)   A landlord who has an intent to convert any housing accommodation shall give written notice of intent to convert to each tenant then residing in a unit in such housing accommodation. The notice shall be provided using a model notice form created by the OHS and made available on the internet. A copy of the notice provided to each tenant shall be filed with the OHS promptly after it is delivered to a tenant. The notice delivered to a tenant shall be translated into the tenant’s primary language, if a need for such translation has been identified or is otherwise apparent to a reasonable person. The notice shall be deemed given on the date when the notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable.
      (2)   Notice of the intent to convert shall be given to the tenant at least one year before the landlord will seek to have the tenant vacate the unit in the housing accommodation. However, where a unit in a housing accommodation is occupied by an elderly, disabled or low or moderate income tenant, notice of intent to convert shall be given to the tenant at least five years before the landlord will seek to have the tenant vacate the unit in the housing accommodation.
         (a)   Except where a tenant has previously been determined to be elderly, disabled or low or moderate income under prior rent control or condominium conversion laws, the burden of proving that a tenant is elderly, disabled or low or moderate income shall, if contested, rest with the tenant. The landlord shall be entitled to provide the tenant with a written request to disclose whether the tenant claims to be elderly, disabled or low to moderate income. In the event the tenant confirms in writing that they do not claim that they are elderly, disabled or low or moderate income, then there shall be a rebuttable presumption that the tenant is not elderly, disabled or low or moderate income, which presumption shall only be overcome by clear and convincing evidence to the contrary. Any tenant may request that the OHS assist the tenant in establishing eligibility for extended protections on account of age, disability or status as a low or moderate income household, and the OHS’s determination of whether a tenant qualifies will be incorporated into its approval of a conversion plan as provided below.
      (3)   The notice shall state the following in clear and conspicuous language.
         (a)   The landlord intends to convert his or her housing accommodation into a condominium or cooperative unit.
         (b)   The tenant shall have one year from the date the notice is given, or until the end of the lease term, whichever is greater, before the tenant shall be required to vacate the housing accommodation, except that any elderly, disabled or low or moderate income tenant shall have five years from the date the notice is given before such tenant shall be required to vacate the housing accommodation.
         (c)   Except as set forth below, the tenant shall be offered the opportunity to purchase the unit on terms and conditions which are substantially the same as or more favorable than those which the landlord will offer the unit for sale to the public.
         (d)   The landlord will have to apply for and have a Conversion Plan approved by the OHS, and will be required to apply for and received a condominium conversion permit before a housing accommodation may be sold.
         (e)   If at any point, including at the end of the applicable notice period, a tenant or a landlord believes that the other has not complied with their obligations under this Section, the tenant or landlord may request a hearing before the OHS or ISD, whichever is applicable.
         (f)   If the tenant does not purchase the tenant’s unit or another unit in the housing accommodation, the tenant has a right to relocation benefits of $10,000 or $15,000, depending on their eligibility status.
         (g)   The landlord is obligated to assist any elderly, disabled and low or moderate income tenants in finding comparable housing.
         (h)   The tenant is entitled to an extension of the tenant’s rental agreement to coincide with the period of notice.
         (i)   The tenant is entitled to freedom from unreasonable disruption and breach of quiet enjoyment as a result of rehabilitation, repairs or improvements made by the landlord during the period of notice.
         (j)   The date the notice is deemed “given” is the date on which the notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable.
   (C)   Rights of tenants.
      (1)   Extension of rental housing agreement; limitations on rent increases during notice period. For any tenant whose current rental housing agreement expires before the end of the one- or five-year notice period to which they are entitled under this Section, the landlord shall extend the tenant’s rental housing agreement for the entire length of the required notice period. The provisions of such extended rental housing agreement may not be modified from the existing terms, except that the amount of annual rent may be increased by 10%, or the percentage increase in the consumer price index during the calendar year immediately preceding the date upon which such rental housing agreement is extended, whichever is less.
      (2)   Relocation benefit.
         (a)   Any tenant who receives or is entitled to receive a notice pursuant to this Subsection, who chooses not to exercise the right to purchase the unit he or she occupies pursuant to division (F) below or who does not purchase another unit or units in the same building or buildings, or in the instance where there is a demolition and new construction, in the newly constructed building, shall, upon vacating said unit within the appropriate notice period as established by division (A) above, be paid by the landlord a relocation expense allowance of $10,000 per housing accommodation; provided, however, that if such housing accommodation is occupied in whole or in part by a disabled, elderly or low or moderate income tenant, the relocation expense allowance shall be $15,000. Such relocation benefits shall be payable within ten days after the date on which the tenant vacates the housing accommodation occupied by him or her; provided, in recognition of the fact that many relocation costs must be paid in whole or in part before a tenant actually moves out, the landlord may upon request of the tenant make payments up to the amount authorized by this Section directly to a moving company, realtor, storage facility or successor landlord (upon receipt of a signed lease, tenancy at will agreement or letter signed by the prospective landlord indicating that they have agreed to rent a particular unit to the tenant as of a date certain with a copy of proof of ownership), or to a utility company or housing voucher administrator in order to satisfy exists arrearages, prior to the date on which they vacate the premises. However, no tenant shall be eligible for such relocation benefits unless all rent due and payable for said unit under the rental agreement or extension of such agreement, if any, has been paid by the tenant prior to the date on which the housing accommodation is vacated and only as long as the tenant voluntarily vacates the housing accommodation on or before the expiration of the notice period. Should the tenant be in arrears but the relocation expense allowance exceeds the amount of the arrearage, the landlord shall pay the tenant the balance remaining after the arrearage is deducted within such ten-day period. A tenant shall be permitted to vacate the housing accommodation upon 30 days’ notice without penalty regardless of the status of their rental agreement during the notice period and this shall not affect their entitlement to the relocation expense allowance. The landlord shall file an affidavit of compliance with the OHS within 30 days of making any relocation payment under this division (C)(2)(a), detailing the name and address of the tenant, the amount of payment and the method of payment.
         (b)   In the event an elderly, disabled or low or moderate income tenant is seeking public or subsidized housing and requires a judgment for possession to be issued in order to obtain emergency status or other preference/priority necessary to access such housing or housing subsidy program on an expedited basis, such tenant shall continue to be entitled to the relocation benefit whether or not the tenant has vacated by the end of the notice period, so long as the tenant vacated the unit within 90 days of the judgment or such longer period as agreed upon by the parties or established by the court.
      (3)   Assistance in securing comparable housing for elderly, disabled and low or moderate income tenants. Where an elderly, disabled or low to moderate income tenant has received or is entitled to receive a notice pursuant to this Subsection, the landlord shall assist the tenant to locate accessible, appropriately sized, comparable rental housing within the city and, if requested by the tenant, within the same neighborhood of the city where the tenant resides, for a rent which is equal to or less than the rent which such tenant had been paying for the housing accommodation at the time of receipt of the notice. The OHS shall assist landlords and tenants in identifying accessible, appropriately sized, comparable rental housing.
      (4)   Right to purchase unit.
         (a)   1.   Any tenant entitled to receive a notice of conversion shall be given the right to purchase the housing accommodation they occupy or occupied. The landlord shall extend this offer to purchase no later than six months before the end of the notice period. The tenant shall have up to 120 days after receiving the offer to sign a purchase and sale agreement for the housing accommodation. This offer shall be on terms and conditions which are substantially the same as, or more favorable than, those which the landlord extends to the public generally, or to a third party, whichever is less. Upon delivering notice to the tenant of the right to purchase, such notice shall include information sufficient for the tenant to be able to make a reasonable assessment of the purchase, including, but not limited to, the price of the unit, anticipated condominium fees and expected renovations of the unit. The time periods herein provided may be extended by agreement between the tenant and the landlord.
            2.   If, after the initial offer period has lapsed and during the notice period, the landlord accepts any offer from a third party for less than the price offered to the tenant, the tenant shall have the right to purchase the housing accommodation at such lower price. The tenant shall have 30 days to sign a purchase and sale agreement at such price.
         (b)   Exception to right to purchase. If the landlord has an intent to convert a housing accommodation to a condominium or cooperative form of ownership and the landlord is transferring the housing accommodation as part of a conversion to a relative within the fourth degree of kindred, there shall be no tenant right to purchase, and the notice of tenant rights may omit this with ISD approval. All other tenant protections shall continue to apply.
         (c)   Reduction in the number of accommodations. If through the renovation of the housing accommodations associated with conversion, there is a reduction in the number of units, the tenant shall have a right to purchase a unit in the housing accommodations, under the same terms and conditions as outlined above. If more tenants wish to purchase than there are units available, or there are multiple tenants seeking the same unit, the OHS, or its designee, shall hold a lottery to determine who is able to purchase. OHS may ask the landlord to provide mitigation to avoid hardship for residents due to the reduction of the number of units.
         (d)   Demolition. If the condominium or cooperative is to be created by the demolition of the housing accommodations and construction of a new building or structure, tenants have the right to purchase a unit in the new housing accommodations, under the same terms and conditions as outlined above. This right extends to any income restricted units within the housing accommodations, if the tenant is otherwise eligible for such units. If there are insufficient units to accommodate all the tenants seeking to purchase, or there are multiple tenants seeking the same unit, the OHS, or its designee, shall hold a lottery to determine who is able to purchase. The OHS may ask the landlord to provide mitigation to avoid hardship for residents due to the demolition of units.
   (D)   Conversion permit required to convert.
      (1)   No person shall convert a housing accommodation without a conversion permit, or engage in a condominium or cooperative conversion eviction, or sell a unit for immediate occupancy by the purchasing landlord until they have obtained a conversion permit from ISD pursuant to this Section.
      (2)   The conversion permit process shall take place in two steps. First, the landlord shall apply to the OHS to create a conversion plan. Upon fulfilling the requirements established by the OHS, the landlord may apply to ISD for the conversion permit.
      (3)   The OHS shall have the power to establish the provisions of the conversion plan consistent with this Section, and shall be responsible for developing administrative forms, establishing reasonable application fees, conducting hearings and approving or waiving conversion plans.
      (4)   ISD shall be responsible for promulgating such rules, policies and procedures as it may deem advisable in establishing and maintaining a conversion permit process. ISD shall be responsible for developing administrative forms, setting reasonable application fees, conducting hearings and granting or denying conversion permits. ISD may deny a building or occupancy permit for a proposed condominium or cooperative unit on the grounds that such project failed to obtain a conversion permit under this Section.
      (5)   Any landlord who has an intent to convert a housing accommodation to a condominium or cooperative form of ownership shall provide notice of intent to convert to the OHS and the tenant as required in this Section. In addition, the landlord shall, within one month of service of said notice, apply to the OHS for a conversion plan and submit all required documentation.
         (a)   Housing accommodations with occupied units. If a landlord has an intent to convert an occupied housing accommodation to the condominium or cooperative form of ownership, the landlord shall apply to the OHS for a conversion plan at least one year prior to any condominium or cooperative conversion eviction.
         (b)   Vacant housing accommodations. If the landlord has an intent to convert an unoccupied housing accommodation to the condominium or cooperative form of ownership, the landlord may apply to the OHS for a conversion plan at any time prior to the conversion of the housing accommodations, and shall provide to the best of their ability all information required by the OHS to determine that no tenant who occupied the housing accommodations in the 12 months immediately preceding the date of the application to the OHS was denied any of the protections or benefits of this Section.
      (6)   In addition to any documentation required by the OHS, a landlord applying for a conversion plan shall submit with the application a complete list of names and contact information of:
         (a)   Current tenants;
         (b)   Former tenants who vacated during the previous 12 months, if known or reasonably discoverable in the exercise of due diligence;
         (c)   Any tenant who was evicted during the previous 12 months along with a copy of the summons and complaint and court disposition; and
         (d)   Any tenants who received a notice to quit and/or a notice of rent increase during the previous 12 months, with a copy of the notice to quit and/or the notice of rent increase.
      (7)   The OHS will contact each tenant and assess the eligibility of tenants for any benefits under this Section. Upon determination of the rights and responsibilities for each tenant, the OHS shall, in conjunction with the landlord, draft a conversion plan. Such conditional conversion permit shall indicate if any units are occupied and the expiration date of any applicable notice period for each unit.
      (8)   After reviewing relevant documentation and evidence, the OHS will render a determination regarding whether the actions taken by the landlord (and any predecessors in interest) thus far comply with this Section. If the OHS determines that the landlord (and any predecessors in interest) have complied with obligations under the ordinance and have established a conversion plan, the OHS shall approve the conversion plan.
      (9)   For vacant units, if, after reviewing relevant documentation and evidence, the OHS determines that the actions taken by the landlord (and any predecessors in interest) complied with obligations under the ordinance, the OHS may waive the conversion plan requirement, and the landlord may then proceed to apply to ISD for a conversion permit.
      (10)   In the event that the tenant has relinquished their right to purchase the unit, a landlord who has received a conversion plan may sell the unit to any other purchaser prior to issuance of a conversion permit only under the condition that the new landlord takes the unit subject to the tenant’s rights under the ordinance including, but not limited to, the right to remain in their unit for the remainder of any notice period, payment of relocation expenses and the duty to assist in finding comparable housing. In order to effectuate such a sale, the landlord must provide to the OHS and the tenant a sworn document signed by the then current and future landlords stating that the purchaser stands in the shoes of the prior landlord and that they must fully comply with all obligations of the landlord under this Section.
      (11)   If at any point, including at the end of the applicable notice period, a tenant or a landlord believes that the other has not complied with their obligations under this Section, he or she may request a hearing before the OHS or ISD, whichever is applicable. The tenant, the landlord and all other housing accommodation tenants also undergoing conversion shall be notified of the date and time at least two weeks prior to the hearing date. The tenant and landlord shall have a right to attend any such hearings and to present evidence as to whether the landlord has or has not met the requirements of this Section.
      (12)   (a)   Given that individual units within housing accommodations may have different notification periods and/or may be vacant, ISD will issue conversion permits for individual units within the housing accommodations. A landlord who has received a conversion plan may request that ISD issue a conversion permit on a form provided by the ISD no sooner than the earlier of:
            1.   The expiration of the notice period;
            2.   When the tenant vacates the premises; or
            3.   When the tenant purchases the unit.
         (b)   A landlord of a unit that was vacant at the time the notice of intent to convert was provided to ISD may request a conversion permit on a form provided by ISD at any time that they have completed all requirements imposed by the OHS.
      (13)   After a request by the landlord for a conversion permit, a conversion permit shall be granted where all documents required by ISD have been submitted and ISD has made a determination that the requirements of this Section have been met, that the OHS has certified that all requirements imposed by the conversion plan for the relevant unit has been met, and there does not appear to be any unlawful displacement.
      (14)   Notwithstanding the above, the OHS or ISD may deny a conversion plan or a conversion permit where documentation is incomplete in any material respect. The OHS or ISD may also impose reasonable conditions on the granting of a conversion plan or conversion permit. ISD may deny a permit where it has made a determination that any document or statement is false in any material respect. In addition, ISD, in its discretion, may deny a permit if the OHS finds that the landlord has taken any action to circumvent the commonwealth or local condominium law, including, but not limited to, unreasonable rent increases, reduction or elimination of services, termination of tenancy without cause or the imposition of new conditions of the tenancy. ISD may revoke a permit previously granted where it makes a determination that any document or statement was false in any material respect at the time of ISD’s decision to grant the permit. The OHS and ISD shall have the power to require the submission of additional documentation, including without limitation purchase and sale agreements, deeds, agreements with real estate brokers and/or cancelled checks, if in ISD’s reasonable judgment such documentation is necessary to ensure the fairness of its determinations. ISD may, in its discretion, continue a hearing. A decision on a conditional conversion permit shall be rendered by ISD within 60 days of the close of the hearing.
      (15)   A conversion permit shall lapse and the landlord shall reapply for a new permit in the case of any of the following:
         (a)   The landlord failed to file a master deed within one year after the date on which the conversion permit has been granted;
         (b)   The unit for which a conversion permit has been granted has not been sold to a bona fide purchaser within two years after the date of the granting of said conversion permit; or
         (c)   The master deed or articles of organization have been rescinded and the housing accommodations no longer are condominiums or cooperatives.
      (16)   A conversion plan and a conversion permit may be sought by a person who solely intends to convert a property to the condominium or cooperative form of ownership and to market condominium or cooperative units but does not have any plan for current tenants to be displaced. In such case, the conversion plan and the subsequent conversion permit shall be so limited, and the tenants shall be given the right of first purchase, as described herein, but shall not be given notices of intent to terminate tenancy or relocation benefits as described herein. The tenants and OHS shall have the right to enforce such conditions if the person or any successor in interests acts in a manner inconsistent with the limitations on the permit or engages in conduct which would otherwise be barred by this Section. In addition, if a person obtains a permit without such limitations, but a successor in interest no longer wishes to displace the tenant (for example, an investor landlord intends to maintain tenants, and only realize sales to owner-occupants upon normal turnover of the unit), it shall notify ISD and the OHS of this in writing, and ISD shall then modify the conversion permit to a limited conversion permit. If at any subsequent date a person with a limited conversion permit wishes to displace a tenant in place at the time of conversion in order to facilitate the sale or owner occupancy of a unit, the person must seek and obtain a full conversion permit in accordance with this Section.
   (E)   Renting units during conversion. If a tenant who is entitled to receive the notice of intent to convert vacates such tenant’s unit either before the initial sale and transfer of title to the residential unit as a condominium or cooperative unit has occurred, and/or after the landlord has otherwise already obtained a conversion permit for a unit which has not expired, then the landlord shall give each prospective tenant of the unit written notice, prior to the inception of a tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this Section, except that they shall be entitled to the benefits of their rental agreement.
   (F)   Limitation on recovery of possession for condominium and cooperative conversion eviction.
      (1)   No person shall bring any action to recover possession of a housing accommodation for the purpose of a condominium or cooperative conversion eviction in any building or structure converted to a condominium or cooperative form of ownership until they have been granted a conversion permit, and until the one- or five-year notice period required by this Section has elapsed.
      (2)   Except as otherwise authorized in this Section, any action to recover possession of a housing accommodation or to increase the rent of a tenant in a housing accommodation who was in occupancy at the time of conversion of the housing accommodation to the condominium or cooperative form of ownership, or at the time of initial sale of the unit as an individual condominium or cooperative unit, shall be presumed to be a condominium or cooperative conversion eviction where any one or more of the following has occurred:
         (a)   Any dwelling unit in any building or structure in which the housing accommodation is located has been sold as a condominium or cooperative unit;
         (b)   A master deed or articles of organization for the building or structure in which the housing accommodation is located has been duly recorded pursuant to the provisions of M.G.L. Chapter 156B, 157, 157B or 183A;
         (c)   A master deed or articles of organization for the building or structure in which the housing accommodation is located is duly recorded pursuant to the provisions of M.G.L. Chapters 156B, 157, 157B or 183A, or the landlord gives notice of conversion or planned conversion under Subsection 10-2.13A, within 12 months after an action is brought to recover such possession or action is taken to increase the tenant’s rent;
         (d)   Any tenant of any unit of housing accommodation in the building or structure wherein the unit or housing accommodation is located has received any notice required by division (A) above; or
         (e)   In any unit converted to a condominium or cooperative, the landlord has increased or is seeking to increase the tenant’s rent beyond the increases authorized by division (A) above, unless the landlord shows that his or her intent is not to facilitate the sale or transfer of the housing accommodation to a prospective purchaser.
      (3)   An eviction shall be presumed to be a condominium or cooperative conversion eviction if the landlord has the intent to convert, as defined herein.
      (4)   A landlord may seek to recover possession of a housing accommodation which has already been converted to the condominium or cooperative form of ownership for just cause other than a condominium or cooperative conversion eviction. The landlord must allege such just cause as part of the notice of termination of tenancy given to the tenant and as part of the summary process summons and complaint. The landlord shall give notice of the commencement of such summary process action to the OHS at the same time the action is entered in court, together with a copy of the notice of termination of tenancy and summary process complaint. The landlord must prove such “just cause” and rebut the presumption of condominium or cooperative conversion as part of his or her burden of recovering possession. The provisions of this Subsection shall apply only where the tenant was in occupancy at the time of conversion of the housing accommodation to the condominium or cooperative form of ownership.
   (G)   Penalties for violation. Any person who violates a provision of this Section, which is promulgated pursuant to St. 1983, c. 527, shall be punished by a fine of not less than $300 and, if applicable, by seeking to restrain a violation of this Section by injunction. Each violation, per day, of any provision shall constitute a separate offense. Each unit converted in violation of this act constitutes a separate offense. Fines may be issued pursuant to the noncriminal disposition process of M.G.L. Chapter 40, Section 21D, and may also be enforced according to M.G.L. Chapter 40U.
   (H)   Annual Reporting. ISD shall submit an annual report to the Boston City Council which provides comprehensive data and other documentation on the conversion of housing accommodations to condominiums and cooperatives in the city and the implementation of this Section.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 10; 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 § 2; CBC 1985 10-2.10; Ord. 1986 c. 20 §§ 2, 3, 4, 5; Ord. 1987 c. 6 § 1 [K]; Ord. 1988 c. 9 § 7 [M]; Ord. 1996 c. 3 § 2; Ord. 1999 c. 8 § 2; Ord. 2004 c. 12 § 1; Ord. 2014 c. 16 § 2; Ord. 2021 c. 3 § 2) Penalty, see Subsection 10-2.17
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