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(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10-2.1313, Regulations and Enforcement, previously codified herein and containing portions of Ordinance 1996 c. 3 was repealed in its entirety by Ordinance 1998 c. 8.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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