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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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10-2.16   Civil Remedies.
   (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)
10-2.17   Criminal Penalties.
   (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)
10-2.18   Judicial Review.
   All decisions of the OHS or ISD, except as otherwise provided in this Subsection, may be appealed to the Housing Court Department of the Trial Courts, Eastern Division, within 30 calendar days after the date of such decision; provided, however, that this Section shall not be construed to provide a right of appeal of a general adjustment decision pursuant to Subsection 10-2.5a.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 15; 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 10-2.18; Ord. 2021 c. 3 § 3)
10-2.19   Injunctions.
   The Superior Court Department of the Trial Courts and the Housing Court Department of the Trial Courts, City of Boston Division, shall severally have jurisdiction to restrain by injunction any violation of this Section or any rule, regulation or order hereunder promulgated.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 16; 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 10-2.19)
10-2.20   Effective Date and Duration.
   This Section shall become effective as of the date signed by the Mayor or acting Mayor and shall remain in effect until December 31, 2025 or until a prior determination by the Mayor and Boston City Council that the present rental housing emergency no longer exists.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 17; Ord. 1969 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 10-2.20; Ord. 1999 c. 3; Ord. 1999 c. 8 § 5; Ord. 2004 c. 12 § 2; Ord. 2009 c. 9; Ord. 2014 c. 16 § 3; Ord. 2019 c. 6 § 1; Ord. 2020 c. 6 § 1; Ord. 2021 c. 1 § 1; Ord. 2021 c. 3 § 4)
10-2.21   Constitutional Construction.
   The provisions of this Section are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 18; 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 10-2.21; Ord. 1993 c. 7)
10-2.22   Transitional Provisions.
   (A)   Scope. Repeal of Chapter 1: Except as otherwise provided herein, Chapter 1 of the Ordinances of 1983, as amended, is hereby repealed as of the effective date of this Section. All matters initiated under Chapter 1 which are pending before or decided by the Board, or pending before any court, or any valid condominium or cooperative conversion eviction notice or related offer, or additional year notice ruling initiated under the provisions of Chapter 1 or any rule, regulation or order thereunder promulgated shall be governed as provided for in this Subsection.
   (B)   Notices sent and matters pending before or decided by the Board.
      (1)   All decisions rendered by the Board under the provisions of Chapter 1 of the Ordinances of 1983, as amended, shall remain in full force and effect under the provisions of this Section.
      (2)   Notwithstanding any provisions of this Section to the contrary, all matters pending before the Board as of the effective date of this Section shall remain in full force and effect but shall be processed in accordance with the provisions of this Section.
      (3)   The provisions of said Chapter 1 of the Ordinances of 1983, as amended, shall be treated as remaining in force and effect for the purpose of sustaining in court any proper suit, action or prosecution with respect to any right, liability or offense arising under such Section.
      (4)   All valid condominium or cooperative conversion eviction notices or related offers given prior to October 3, 1984 pursuant to Chapter 1 of the Ordinances of 1983, as amended, and the applicable regulations thereunder, shall be treated as remaining in full force and effect where such notices or offers comply with the provisions of said Chapter 1 of the Ordinances of 1983, as amended.
         (a)   Condominium or cooperative conversion eviction notices or related offers given pursuant to Chapter 1 of the Ordinances of 1983 to tenants qualifying as low income, low or moderate income elderly or low or moderate income handicapped under the provisions of this Section on the date such notice or offer was received shall be null and void and those tenants shall be entitled to the eviction ban protections of Subsection 10-2.10(F).
         (b)   The provisions of division (B)(4)(a) above shall not apply where prior to October 3, 1984 a binding purchase and sales agreement has been executed for a specific unit and a deed has been duly recorded transferring title of such unit to an owner who certifies under oath to the Board within 45 days of the effective date of this Section that he or she intends to occupy the unit as his or her permanent residence. If any person so certifying shall fail to occupy said unit as his or her principal residence and place of domicile within 90 days of the date the unit becomes vacant, such failure shall be determined an unfair and deceptive practice and a violation of this Chapter. Whoever willfully and falsely certifies that they intend to be an owner occupant, under the provisions of this Subsection, shall be subject to a fine of $200 per day for each day the offense exists or by imprisonment for a period not to exceed one year or both.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 19; 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. 5 § 1; CBC 1985 10-2.22)
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