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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)
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)
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)
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)
The Collector-Treasurer shall publish biannually in the City Record and deliver to the Boston City Council on June 1 and December 1 in each year reports showing payments received in lieu of taxes from tax-exempt institutions for each assessable parcel, the fair market value of such properties and the percentage of value received in lieu of taxes. In addition, such reports shall identify the agreement pursuant to which such payments are being received by the city. Copies of such agreements shall be made available during business hours to the public in a convenient location in City Hall. The Assessor shall furnish the Collector-Treasurer with the assessments required to be published at least 30 days prior to the publishing.
(Ord. 1982 c. 39; CBC 1985 10-6.8)
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