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10-11.3   Applicability.
   (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)
10-11.4   Required Notice.
   (A)   When a landlord or foreclosing owner serves the tenant or former homeowners any notice to quit or notice of lease nonrenewal or expiration, such landlord or foreclosing owner shall, at the same time, also serve a copy of said notice to quit or notice of lease nonrenewal or expiration on the city’s Office of Housing Stability using the city’s electronic landlord portal. All notice to quit or notice of lease nonrenewal or expiration to tenant or former homeowners shall also include a notice of basic housing rights and resources, containing a list of organizations available to assist tenants and/or former homeowners with their contact information on a form or forms prepared by the city’s Office of Housing Stability, which shall be attached thereto. Where a landlord or foreclosing owner is exercising a right of lease nonrenewal or expiration, the owner shall give such written notice prepared by the city’s Office of Housing Stability to the tenant at least 30 days prior to commencing any summary process action against the tenant or former homeowner. Such notice to tenants shall be provided in-hand, or by certified mail and electronic mail.
   (B)   Notwithstanding M.G.L. Chapter 4, Section 7, Clause 26(c) and the privacy rights therein, a tenant may allow the city to disclose the tenant’s information to a public advocacy organization.
(CBC 1985 10-11.4; Ord. 2020 c. 5 § 1; Ord. 2021 c. 7 §§ 1-2)
10-11.5   Non-Waivability.
   The provisions of this Section may not be waived, and any term of any lease, contract or other agreement which purports to waive or limit a tenant’s or former homeowner’s substantive or procedural rights under this Section is contrary to public policy, unenforceable and void.
(CBC 1985 10-11.5; Ord. 2020 c. 5 § 1)
10-11.6   Partial Invalidity.
   If any provision of this Section or application thereof is held to be invalid or in conflict with applicable laws, this invalidity or conflict shall not affect other provisions or applications of this Section which can be given effect without the invalid provisions or applications, and to this end, the provisions and applications of this Section are severable.
(CBC 1985 10-11.6; Ord. 2020 c. 5 § 1)
10-11.7   Enforcement.
   (A)   The provisions of this Section shall be reported to and investigated by the city’s Office of Fair Housing and Equity and enforced by the Commissioner of Inspectional Services, and their duly authorized Agents, Officers and employees, by a noncriminal disposition pursuant to M.G.L. Chapter 40, Section 21D, and if applicable, by seeking to restrain a violation by injunction. Each failure to comply with the requirements set forth in this Section with respect to an individual tenant or occupant entitled to notice hereunder shall be deemed a separate offense triggering a separate warning or a fine of up to $300 per day. Unless otherwise provided, a person or entity violating any provisions of this Section shall be warned or fined in accordance with the provisions of the city Ordinances and/or Boston City Charter. The city may allocate fines collected for violations of this Section for rent relief. The provisions of this Section may also be enforced according to M.G.L. Chapter 40U as accepted by the city, also known as the “Green Ticket” Law.
   (B)   Within ten days, the city shall petition the Boston Public Health Commission and the Boston Board of Health to promulgate regulations to prevent or discourage eviction actions during the COVID-19 pandemic by preventing the coerced entry into a unit by a sheriff, constable or other party, forcible removal of tenants and their belongings, and other such actions that would incur or exacerbate public health risk.
(CBC 1985 10-11.7; Ord. 2020 c. 5 § 1)