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(A) Removal permits required.
(1) It shall be unlawful for an owner of a mobile home park to remove any mobile home accommodation in a mobile home park or discontinue the use of part or all of the land owned and licensed as a mobile home park without having first obtained a mobile home removal permit from the Rent Equity Board subject to the provision contained herein.
(2) Such provisions shall apply whether or not the license for such premises is still in effect. The Board may establish reasonable regulations governing the criteria and the procedures to be followed regarding application for and issuance of mobile home removal permits.
(B) Permit criteria. In determining whether to grant a removal permit, the Board shall consider the aggravation of the shortage of safe, decent and affordable mobile home park accommodations in Boston, which may result from the discontinuance of use as a mobile home park, especially for tenants of low or moderate income or elderly persons on fixed incomes. In making such a determination the Board shall review and make findings as to all relevant factors including, without limitation, the following:
(1) The benefits and detriments to the persons whom this Subsection seeks to protect;
(2) The hardships imposed on the tenant(s) residing in the controlled or decontrolled unit proposed to be removed;
(3) Circumstances demonstrating hardship and inequity to the applicant seeking a mobile home removal permit; and
(4) The rate of vacancy in the city at the time the applicant applies for a mobile home removal permit.
(C) Removal procedure.
(1) The Board shall consider an application for a mobile home removal permit for a mobile home park upon receipt of an application filed by the landlord or other authorized person.
(2) The Board shall schedule a public hearing within 60 days of receipt of the application. The Board shall notify the applicant and all residents of the mobile home park of the hearing.
(3) The mobile home removal permit hearings shall be conducted in accordance with the provisions of M.G.L. Chapter 30A, Section 11 except that requirements (7) and (8) of such Section 11 shall not apply to such hearings.
(4) The provisions of Section Five (ii), (iii) and (iv) of Chapter 6, the Ordinances of 1987 shall apply to such hearings.
(CBC 1985 10-2.13; Ord. 1987 c. 12 § 13; Ord. 1988 c. 9 § 9) Penalty, see Subsection 10-2.17
Editor’s note:
Chapter 6 of the Ordinances of 1987, Section 5, is codified as Subsection 10-2.12.
(A) Notice of planned conversion.
(1) Where, on or after the date that this Subsection is adopted by the city, a landlord converts or has the intent to convert a housing accommodation to the condominium or cooperative form of ownership, the landlord shall, prior to such conversion and/or the marketing of such condominium or cooperative units, give written notice of such conversion or planned conversion to the tenants residing in such housing accommodations, as well as notice to the Center. The notice shall describe the terms under which the tenants may purchase such property. The notice shall describe the price and the terms of any bona fide offer that the landlord would intend to accept for purchase of the housing accommodations. The Center shall provide information to such tenants of their rights under this Section and of available local, commonwealth or federal programs to assist in purchasing such accommodations.
(2) If a tenant who is entitled to receive the notice of intent to convert as required herein vacates the residential unit before the initial sale and transfer of title to the residential unit as a condominium unit has occurred, then the landlord shall give each prospective tenant of the residential unit written notice, prior to the inception of the tenancy, which informs the prospective tenant that the unit is a condominium unit and, if applicable, that the unit is currently being offered for sale or will be offered for sale within 90 days of the inception of the tenancy.
(B) Right of first refusal on initial conversion/sale of housing accommodations as condominium or cooperative units. Individual tenants shall be given the right to purchase a housing accommodation which is converted or intended for conversion and sale as an individual condominium or cooperative unit on terms and conditions which are substantially the same as, or more favorable than, those which the owner extends to the public generally, or to a third party, whichever is less, for the 90 days following the expiration of said tenant’s right to purchase. Such tenant may exercise a right to purchase such housing accommodation by executing a purchase and sale agreement prior to the expiration of 90 days after the date that the tenant receives a copy of the purchase and sale agreement properly executed by the person offering the housing accommodation for sale. No owner shall unreasonably refuse to enter into, or unreasonably delay the execution of, a purchase and sale agreement with a tenant entitled to a right of first refusal under this Section that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to this Subsection. Failure of the tenant entitled to exercise the right of first refusal to execute such a purchase and sale agreement within the 90-day period shall serve to terminate the right of the tenant to purchase the housing accommodation, and there shall be no right of first refusal at the time of the subsequent sale of such unit; provided, however, the tenant shall still have the right of first refusal in the event of a condominium or cooperative conversion eviction as described in Subsection 10-2.10(F). The time periods herein provided may be extended by agreement between the tenant and the landlord.
(C) Subsequent notice and opportunity to purchase if bona fide offer changes. The right of first refusal created herein shall inure to a tenant for the time periods herein before provided. The effective period of such right of first refusal shall obtain separately for each substantially different bona fide offer to purchase the housing accommodation, and for each offer substantially equivalent to an offer made more than three months prior to the later offer; provided, however, in the case of a substantially equivalent offer made by a prospective buyer who has previously made an offer which notice was required under this Subsection, the right of first refusal shall obtain only if such subsequent offer is made more than six months after the earlier offer.
(D) Exemption to right of first refusal. The right of first refusal shall not apply with respect to any offer received by the owner for which notice is not required pursuant to this Subsection. No right of first refusal shall apply to a government taking by eminent domain or negotiated purchase, a force sale pursuant to a foreclosure, transfer by gift, devise or operation of law or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of the landlord.
(E) Documentation of compliance. In any instance in which the tenant is not the successful purchaser of such housing accommodation at the time of conversion to the condominium or cooperative form of ownership, the landlord shall certify compliance with this Subsection by filing an affidavit of compliance with the Center within 90 days of the sale of the individual condominium or cooperative unit; a copy of such affidavit shall also be provided to the tenant.
(CBC 1985 10-2.13A; Ord. 1999 c. 8 § 3) Penalty, see Subsection 10-2.17
Editor’s note:
Former Subsection 10-2.13A, Removal Permits, previously codified herein and containing portions of Ordinance 1996 c. 3 was repealed in its entirety by Ordinance 1999 c. 8.
(A) Interaction with other laws. This Section is only intended to delineate and further define the city’s regulation of condominium or cooperative conversions and condominium or cooperative conversion evictions under St. 1983, c. 527, and to not limit the rights of tenants, landlords or any City Agency or authority under any other source of law, contract or agreement which may regulate such conversions or evictions in any type of housing in the city. Should a housing accommodation which is subject to the provisions of this Section also be subject to protections under other law, the tenant, landlord or any City Agency or authority shall be entitled to rely on all protections that may apply under applicable law.
(B) Conversion of housing accommodations after rent control enabling authority ended. Where a housing accommodation was first converted to the condominium or cooperative conversion form of ownership after rent control enabling authority lapsed for such housing accommodation, and prior to the adoption of this Section, and the landlord complied with the provisions of Section 4 of Chapter 527 of the Acts of 1983, as amended, regarding notice to tenants of their rights and options with regard to condominium/cooperative conversion evictions, such action shall be deemed to be in compliance with this Section; provided, however, any affected landlord shall notify the Center of such action and the names and addresses of all tenants given such notices within 90 days of the enactment of this Section.
(C) Conversion of housing accommodations prior to the lapse of rent control enabling authority — rights of tenants in occupancy at the time of conversion or initial sale. Where a housing accommodation was first converted to the condominium or cooperative conversion form of ownership prior to the lapse of rent control enabling authority, and as of the effective date of this Section there are elderly, handicapped or low or moderate income tenants remaining in occupancy who resided there at the time of conversion or initial sale of the housing accommodation as an individual condominium or cooperative unit, such tenants shall be entitled to the benefits and options provided in Subsection 10-2.10.
(CBC 1985 10-2.13B; Ord. 1999 c. 8, § 4)
Editor’s note:
Former Subsection 10-2.1313, Regulations and Enforcement, previously codified herein and containing portions of Ordinance 1996 c. 3 was repealed in its entirety by Ordinance 1998 c. 8.
Certified copies of all policies, rules and regulations of the Board shall be forwarded to the City Clerk who shall forward them forthwith to the City Council.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 11; 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 10-2.14)
In the event that any owner of property under conversion to condominiums or cooperatives suffers loss in three or more such properties because of fire, the records of the Building Department and the Assessing Department shall indicate such conditions by the addition of the plans, maps, printouts and records of the city of the words “loss by fire” on the affected structures. Any fire in a unit undergoing conversion determined by the Fire Commissioner to be a suspicious origin shall be identified in said plans, maps, printouts and records by the addition of the words “suspicious fire”.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 12; 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 10-2.15)
(A) Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this Section, or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the person from whom such payment is demanded, accepted, received or retained, or to the city for reasonable attorney’s fees and costs as determined by the court, plus liquidated damages in the amount of $100, or not more than three times the amount by which the payment or payments demanded, accepted, received or retained exceed the maximum rent which could be lawfully demanded, accepted, received or retained, whichever is the greater; provided, however, that if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation, the amount of such liquidated damages shall be the amount of the overcharge or overcharges.
(B) If the person from whom such payment is demanded, accepted, received or retained in violation of the provisions of this Section or any rule, regulation or order hereunder promulgated, fails to bring an action under this Section within 30 calendar days from the date of the occurrence of the violation, the Board may settle the claim arising out of the violation or bring such action upon its own initiative. Settlement by the Board shall thereafter bar any other person from bringing action for the violation or violations with regard to which a settlement has been reached. In the event the Board settles said claim, it shall be entitled to retain the costs it incurred in the settlement thereof, and the person against whom the violation has been committed shall be entitled to the remainder. In the event the city initiates action pursuant to the provisions of this Subsection, it shall be entitled to receive attorneys’ fees and costs pursuant to the provisions of division (A) above and the person against whom the violation was committed shall be awarded liquidated damages pursuant to the provisions of said division (A).
(C) A judgment for damages or on the merits in any action initiated pursuant to this Subsection shall be a bar to any recovery pursuant to this Subsection or in any other action against the same defendant on account of any violation with respect to the same person prior to the initiation of the action in which such judgment was rendered. Action to recover liquidated damages pursuant to the provisions of this Subsection shall not be brought later than one year after the date of violation. A single action for damages pursuant to the provisions of this Subsection may include all violations of the provisions of this Subsection committed by the same defendant against the same person.
(D) The District Court Department of the Trial Courts for the judicial district within which the housing accommodation affected is located and the Housing Court Department of the Trial Courts, City of Boston Division, shall severally have concurrent original jurisdiction over all actions and complaints initiated pursuant to this Subsection.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 13; 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 10-2.16)
(A) It shall be unlawful for any person to demand, accept, receive or retain any rent for the use or occupancy of any housing accommodations in excess of the maximum rent prescribed therefor pursuant to the provisions of this Section or any rule, regulation or order hereunder promulgated, or otherwise to do or omit to do any action in violation of the provisions of this Section or the rules, regulations or orders hereunder promulgated. It shall be unlawful for any person by act or omission knowingly to engage in any conduct tending to deprive a tenant of, or to prevent a tenant from exercising, any right conferred by this Section, including, without limitation, any such conduct tending to deprive a tenant of the peace, comfort or enjoyment of a housing accommodation in violation of this Section and any such conduct intended to result in substantial inconvenience or amounting to a violation of privacy, harassment, intimidation, threat or coercion.
(B) It shall be unlawful for any person to demand, accept, receive or retain any payment which exceeds the maximum lawful rent for one month as a finder’s fee or service charge for the opportunity to examine or lease any housing accommodation; provided, however, no finder’s fee or service charge shall be lawful unless the person from whom the payment is demanded, accepted, received or retained actually rents or leases the housing accommodation with regard to which payment of said fee or said charge has been demanded, accepted, received or retained.
(C) Whoever willfully violates any provision of this Section or any rule, regulation or order hereunder promulgated or whoever knowingly makes any false statement in any testimony before the Board or whoever knowingly supplies any false information or knowingly makes false statement to, or files a false affidavit with, the Board shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days or both; provided, however, that in the case of a second or subsequent offense, such person shall be punished by a fine of not more than $3,000 or by imprisonment for not more than one year or both.
(D) The District Court Department of the Trial Courts for the judicial district within which the housing accommodation affected is located and the Housing Court Department of the Trial Courts, City of Boston Division, shall severally have concurrent jurisdiction over all such actions and complaints.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 14; 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 10-2.17)
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