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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.
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)
(A) The provisions of this Section shall apply to all rental units and housing accommodations in the city, in whole or in part, where a notice to quit or other notice of lease nonrenewal or expiration has been served, or should have been served, on the tenant or former homeowner of any such rental unit or housing accommodation as of the effective date of this Section, but where any such rental unit or housing accommodation has not yet been vacated or a final order of judgment for possession has not entered as of the effective date of this Section. However, the provisions of this Section shall not apply to the following types of units:
(1) Rental units in any hospital, skilled nursing facility or health facility; and
(2) Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance or therapy for alcohol, drug or other substance abuse.
(B) Short-term treatment is treatment meant to last 30 or fewer days where such housing is incidental to the recovery program and where the client has been informed in writing of the short-term, temporary or transitional nature of the housing at its inception.
(CBC 1985 10-11.3; Ord. 2020 c. 5 § 1)
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