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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)
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)
(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 Repeal of Chapter 1: Except as otherwise provided herein, Chapter 1 of the Ordinances of 1983, as amended, is hereby repealed as of the effective date of this Section.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)
The Sections of this Section and references thereto may be renumbered by the City Clerk for the purpose only of conforming it to this code.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 20; 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 10-2.23)
It is the policy of the city to see that each individual, regardless of his or her race, color, religious creed, marital status, military status, handicap, children, national origin, sex, gender identity or expression, age, ancestry, sexual preference or source of income shall have equal access to housing and to encourage and bring about mutual understanding and respect among all individuals in the city by the elimination of prejudice, intolerance, bigotry and discrimination in the area of housing.
(Ord. 1982 c. 10; CBC 1985 10-3.1; Ord. 2002 c. 9)
(A) There shall be in the City a Commission known as the Boston Fair Housing Commission hereinafter called the Commission, which shall be under the charge of a Board, known as the Fair Housing Commission, hereinafter called the Commission, consisting of five members, known as Fair Housing Commissioners, each appointed by the Mayor.
(B) The Commission shall consist of five members appointed by the Mayor for a term of three years; provided, however, that of the members first appointed to the Commission, two shall be appointed to a term of one year, two shall be appointed for a term of two years and one shall be appointed for a term of three years. Thereafter, the Mayor shall appoint each successor to a term of three years. Any vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term.
(C) All members of the Boston Fair Housing Commission shall be residents of the city at the time of their appointment and throughout their tenure and they shall be deemed special municipal employees for the purposes of M.G.L. Chapter 268A. At least one Commissioner shall be a tenant who, at the time of his or her appointment, shall be eligible on the basis of income for assisted housing in the city. At least one Commissioner shall be an individual regularly engaged in the business of sale and/or rental of residential real estate in the city. At least one Commissioner shall be a member of the Board or a senior administrator of a community-based, non-profit organization in the city which seeks to address the housing needs and issues of its community, and at least one Commissioner shall be demonstrated governmental experience in civil rights.
(D) A Chairperson of the Commission shall be annually designated by the Mayor with the advice of the Commission. Three members shall constitute a quorum for the purpose of conducting the business thereof, but three votes shall be required to pass any Commission decision. Reasonable per diem compensation for Commission members shall be determined by ordinance and each member shall also be entitled to his or her expenses actually and necessarily incurred in the performance of his or her duties.
(E) There shall be in the Department an Officer, hereinafter called the Director of the Commission, appointed by the Commission, and such other personnel as the Commission may, from time to time, deem expedient.
(F) The Director shall be the Executive Officer of the Commission and shall have such powers and perform such duties as the Commission shall, from time to time, determine. The Commission may delegate to, and recall from, the Director, whenever the Commission deems it expedient, the power to make contracts or any or all of its other powers, as the Commission may, from time to time, determine.
(Ord. 1982 cs. 10, 33; CBC 1985 10-3.2)
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