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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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10-10.3   Collection of Records—Directory.
   (A)   Each and every school domiciled in any part of the city shall collect and maintain a Directory of the names, complete addresses, statuses (i.e., undergraduate or graduate, part-time or full-time), expected graduation dates and telephone numbers of all students enrolled at the school, as well as a list of all properties currently rented by the school for use as student residences under a “master lease” program. The addresses and telephone numbers collected for the directory must reflect where the student actually resides and at what phone number the student can be reached for the period in which the student resides in the city.
   (B)   Each and every school shall collect the required directory information once each school year beginning in the fall semester.
   (C)   Upon collection, all information collected for the directory shall be organized and maintained by the school in such a way that the required information is easily accessible and understandable to any authorized school official. Each and every school shall submit the report as required by this Section to the City Clerk in the format provided by the city.
   (D)   All schools shall be responsible for monitoring this directory for compliance with the Boston Zoning Code’s applicable use regulations with regards to the Code’s definition of the term FAMILY, which provides that a group of five or more persons who are enrolled as full-time undergraduate students at a post secondary educational institution shall not constitute a family. Upon determining that any student’s residence may be in violation of the Code, the school shall notify the student(s) of the Code regulation.
(CBC 1985 10-10.3; Ord. 2004 c. 11; Ord. 2009 c. 8; Ord. 2014 c. 8 § 2; Ord. 2016 c. 3 §§ 1, 2)
10-10.4   Report and Statistics Supplied to the City.
   (A)   Each and every school shall supply a report with required statistics to the city. The information in the report shall be compiled by the school before October 1 of the fall semester. The information in the report shall be compiled by the school by October 1 of each calendar year.
   (B)   The report required by this Section shall include, but not be limited to:
      (1)   The total number of students enrolled at the school as of the date of collection of the directory information;
      (2)   The total number of students enrolled at the school as of the date of collection of the directory information that reside on the campus of the school;
      (3)   The total number of students enrolled at the school as of the date of collection of the directory information that reside off the campus of the school;
      (4)   An anonymized breakdown of the number of students enrolled at the school as of the date of collection of the directory information that reside off the campus of the school, organized by address and unit number, and also including zip code, student status (i.e., undergraduate or graduate, part-time or full-time) and expected graduation date; the breakdown shall further include, from the following list, the type of off-campus housing each student resides in:
         (a)   “Master lease” unit;
         (b)   The home of a family member; or
         (c)   Other private housing;
      (5)   A complete list of the addresses of all properties currently owned, leased, rented or operated by the school at which students are housed; and
      (6)   The number of possible violations discovered pursuant to Subsection 10-10.3(A), listed by address and zip code.
   (B)   The Clerk shall forward the report to the Mayor of the city and shall docket the report and include the docket on the agenda of the next occurring meeting of the Boston City Council. The failure or refusal of a school to forward the report shall be deemed an event of non-compliance with the provisions of these Sections.
(CBC 1985 10-10.4; Ord. 2004 c. 11; Ord. 2009 c. 8; Ord. 2014 c. 8 § 3; Ord. 2016 c. 3 §§ 3, 4)
10-10.5   Applicability.
   If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order or policy then the provisions of these Sections shall control.
(CBC 1985 10-10.5; Ord. 2004 c. 11)
10-10.6   Regulatory Authority.
   The City Clerk shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
(CBC 1985 10-10.6; Ord. 2004 c. 11)
10-10.7   Severability.
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 10-10.7; Ord. 2004 c. 11)
10-10.8   Implementation.
   The provisions of these Sections shall be effective 180 calendar days after passage.
(CBC 1985 10-10.8; Ord. 2004 c. 11)
10-11   HOUSING STABILITY NOTIFICATION ACT.
10-11.1   Purpose.
   The purpose of this Section is to promote the housing stability of Boston residents.
(CBC 1985 10-11.1; Ord. 2020 c. 5 § 1)
10-11.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICABLE LAWS. All controlling applicable federal, commonwealth and local statutes, regulations, ordinances and administrative rules and orders that have the effect of law, as well as all applicable final, non-appealable judicial opinions.
   ENTITY. A business organization, or any other kind of organization, including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship, development or project, or any other category of organization, and any employee, agent, servant or other representative of such entity.
   FORECLOSING OWNER. Any natural person or entity that holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either:
      (1)   Held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation, or is the subsidiary, parent, trustee or agent thereof;
      (2)   Is an institutional mortgagee that acquires or holds title to the housing accommodation; or
      (3)   Is the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.
   FORMER HOMEOWNER. Any natural person or group of natural persons who, prior to foreclosure of a housing accommodation, had been the title owner or owners of such housing accommodation, or who has a legal or beneficial interest in the housing accommodation by dissolution of marriage, separation agreement, survivorship, devise or intestate succession, and who at the time of foreclosure actually occupied such housing accommodation as a resident or residents.
   LANDLORD. Owner of record, or lessor or sub-lessor of an owner of record, or any other person, project, housing development or other entity entitled either to receive rent for the use and occupancy of any rental unit or to maintain an action for possession of a rental unit, or an agent, representative, successor or assignee of any of the foregoing.
   LEASE NON-RENEWAL OR EXPIRATION. A provision in a written rental agreement for a housing accommodation or rental unit that the lease will expire either as of a fixed date, or at the election of the owner for the failure of the tenant to take certain affirmative action.
   NOTICE TO QUIT. Any written notice sent by a landlord or a foreclosing owner to a tenant or former homeowner of a residential rental unit or housing accommodation seeking to terminate the tenant’s tenancy or the former homeowner’s occupancy of such rental unit or housing accommodation.
   OFFICE OF HOUSING STABILITY. The Office of the city created to address the problem of displacement in the city, or any subsequent or successor Office or entity similarly empowered with like purpose or responsibility, or if no such Office exists, the City Office or entity with the closest corresponding purpose or responsibility.
   OWNER. Any person or entity that holds title to one or more dwelling units in any manner including, but not limited to, a partnership, corporation or trust. For purposes of this Section, the term OWNER shall include one who manages, controls or customarily accepts rent on behalf of the owner.
   PROPERTY. A parcel of land along with all fixtures, structures and improvements thereupon, located in the city, that is assessed and taxed as an undivided whole.
   RENTAL UNIT. A non-owner occupied room or group of related rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating.
   SKILLED NURSING FACILITY. A health facility or a distinct part of a hospital that provides, at a minimum, skilled nursing care and supportive care to patients whose primary medical need is the availability of skilled nursing care on an extended basis. Such FACILITY must provide 24-hour inpatient care, an activity program and medical, nursing, dietary and pharmaceutical services. Additionally, the FACILITY must provide effective arrangements, confirmed in writing, through which services required by the patients but not regularly provided within the FACILITY can be obtained promptly when needed.
   TENANCY. Occupation or use of a dwelling unit under an express or implied rental agreement.
   TENANT. Any person who inhabits or is entitled to inhabit a dwelling unit under a rental agreement.
(CBC 1985 10-11.2; Ord. 2020 c. 5 § 1)
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