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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
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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10-5.6   Definition.
   For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   PUBLIC INSTITUTION. Any educational, literary, benevolent, charitable, health or scientific organization eligible to hold property exempt from taxation under M.G.L. Chapter 59, Section 5, including corporations, partnerships and trusts controlled or operated for the benefit of such institutions, but excluding therefrom religious organizations as defined under M.G.L. Chapter 59, Section 5, Clause 11.
(Ord. 1983 c. 12; CBC 1985 10-5.6)
10-6   DECLARING A STATE OF EMERGENCY AND ESTABLISHING CONTROLS RELATIVE TO INSTITUTIONAL EXPANSION.
10-6.1   Declaration of Emergency.
   (A)   A serious public emergency exists in the city which has been accentuated by the use by tax-exempt institutions of buildings having or potentially having a residential use. Such use has:
      (1)   Contributed to the removal of residential housing from the market while a severe shortage exists;
      (2)   Contributed to the destruction and decay in affected residential neighborhoods;
      (3)   Created areas of the city where public order is difficult to enforce; and
      (4)   Deprived the city of needed tax revenues.
   (B)   In addition, this emergency cannot be dealt with solely by the operation of the private rental housing market nor by existing ordinances and unless the removal of residential units is additionally regulated and controlled, such emergency and the displacement resulting therefrom will produce serious threats to the public health, safety and general welfare of the citizens of Boston. Furthermore, public regulation is necessary in order to provide residents with a sufficient supply of decent, affordable housing; to strengthen residential neighborhoods; to encourage public order; and to preserve the city’s tax base. Now, therefore, pursuant to the authority vested in it by law, including without limitation, Article 2, as amended, and Articles 47 and 89 of the Amendments to the Constitution of the commonwealth and Chapter 797 of the Acts of 1969, as amended, Chapter 450 of the Acts of 1889, Chapter 355 of the Acts of 1960, Chapter 256 of the Acts of 1953, Chapter 22 of the Acts of 1949, Chapter 473 of the Acts of 1953 and Chapter 314 of the Acts of 1962 and M.G.L. Chapter 40 and Chapter 140, Sections 22-26 be it ordained by the Boston City Council as follows.
(Ord. 1982 c. 39; CBC 1985 10-6.1)
10-6.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD. The Board established to exercise powers conferred by Chapter 797 of the Acts of 1969, as amended, and any successor to that Board.
   INSTITUTIONAL EXPANSION BOARD. The Institutional Expansion Board of the city.
   PUBLIC INSTITUTION. Any educational, literary, benevolent, charitable, health or scientific organization, eligible for exemption from taxation under M.G.L. Chapter 59, Section 5, including corporations, partnerships and trusts controlled or operated for the benefit of such institutions, and any natural or non-natural person acting for the purpose of, or in anticipation of, transferring control of one or more residential units to any such organization, but excluding therefrom religious organizations as defined under M.G.L. Chapter 59, Section 5, Clause II.
   REMOVAL FROM MARKET.
      (1)   As applied to a residential unit, includes but is not limited to, action of a public institution in:
         (a)   The occupancy of any such unit for any nonresidential use. For the purposes of this Section, occupancy by students, faculty, staff or employees of a public institution, or any use not for residential purposes, shall constitute a nonresidential use;
         (b)   The demolition of a building containing residential units, except pursuant to lawful government order;
         (c)   The rehabilitation, repair or improvement of a structure containing residential units, other than as required by the laws of the commonwealth or the city, in such a way as to eliminate such units from the residential rental market; or
         (d)   The application for a building permit to establish a different legal occupancy for a structure containing residential units.
      (2)   The eviction of a tenant, except for just cause determined by the Board on application of the owner; provided that just cause shall not be in conflict with this Section.
      (3)   Notwithstanding the foregoing, REMOVAL FROM THE MARKET shall not include any rehabilitation, repair, improvement or demolition where the owner convenants in writing with the Board to restore such unit to the residential real estate market following such rehabilitation, repair, improvement or demolition.
   RESIDENTIAL UNIT. Any unit with respect to which the city can, under Chapter 797 of the Acts of 1969, as amended, exercise rent and/or eviction controls, whether or not the city has heretofore exercised such controls.
(Ord. 1982 c. 39; CBC 1985 10-6.2)
10-6.3   Removal Regulated.
   In order to provide residents of the city with a sufficient supply of decent, affordable housing; to strengthen residential neighborhoods; to encourage public order; and to preserve the city’s tax base, no public institution shall remove from the market any residential unit, unless the Board after a public hearing grants a permit therefor. The Board may issue orders and promulgate regulations to effectuate the purposes of this Subsection, and to prescribe the procedure for applications, notice, hearings and the granting and withdrawal of permits. Copies of each application received hereunder shall be submitted for comment to the Institutional Expansion Board, the Police Commissioner and the Fire Commissioner.
(Ord. 1982 c. 39; CBC 1985 10-6.3)
10-6.4   Considerations.
   In deciding whether to grant a permit under this Section, the Board shall grant a permit under this Section only if:
   (A)   No significant hardship will be imposed on the tenants residing in the residential units proposed to be removed;
   (B)   No significant aggravation of the shortage of decent rental housing accommodations, especially for families of low and moderate income and elderly people on fixed incomes, will result from the removal;
   (C)   No significant negative or adverse effect on the neighborhood in which the unit is located will result; and
   (D)   The benefits to the public institution seeking the permit will outweigh clearly and convincingly the adverse effects of such removal.
(Ord. 1982 c. 39; CBC 1985 10-6.4)
10-6.5   Penalties.
   Any person who violates this Section shall be punished by a fine of not more than $500. The removal of each residential unit shall constitute a separate violation. In addition, any violation hereof which continues for more than 30 days shall be punished by a fine for every day beyond such 30 days of $200 a day.
(Ord. 1982 c. 39; CBC 1985 10-6.5)
10-6.6   Equitable Relief.
   The Board or any person aggrieved by a failure to comply with this Section may enforce its provisions in a civil action for injunctive or declaratory relief.
(Ord. 1982 c. 39; CBC 1985 10-6.6)
10-6.7   Rules and Regulations; Promulgation of.
   The Board shall have the power to promulgate standards and regulations to effectuate the purpose of this Section, which purpose is ameliorating the above emergency.
(Ord. 1982 c. 39; CBC 1985 10-6.7)
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