Abington, Mass., Code of Bylaws ch 35 § 35-3

Definitions (Abington Condominium Conversions)

In Force
Verified 11/11/2026 · Next check 12/11/2026
AbingtonCondo Conversion

Operative Text

Abington, Mass., Code of Bylaws ch 35 § 35-3
APPLICANT — A person who records, or proposes to record, the condominium instruments or on whose behalf the condominium instruments are recorded, thereby subjecting the property to condominium ownership, and includes successors or persons who come to stand in the same relation to the condominium development as all applicants. BOARD The Planning Board of the Town of Abington. CONDOMINIUM CONVERSION Creation of units for condominium or cooperative ownership in a building, which was at any time before the recording of the declaration wholly or partially occupied by persons other than purchasers and persons who occupied with the consent of the purchasers. CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION An eviction of a tenant by a landlord or any agent thereof for the purpose of removing such tenant from a housing accommodation in connection with the initial sale and transfer of legal title to that housing accommodation to a prospective purchaser as a condominium unit, cooperative or similar form of ownership, or, an eviction of a tenant by any other person who has purchased a housing accommodation when the tenant whose eviction is sought was a resident of that housing accommodation as a condominium unit, cooperative or unit held in a similar form of ownership. A conversion eviction shall not include an eviction by reason of the tenants; substantial violations of the terms of the tenancy. CONDOMINIUM UNIT A unit of a condominium as that is defined in Chapter 183A of the Massachusetts General Laws or any successor statute with respect to condominiums (the "condominium statute"). COOPERATIVE UNIT A unit in a housing cooperative as set forth in Massachusetts General Laws, Chapter 157 . ELDERLY TENANT A tenant who is a person or group of persons residing in the same housing accommodation any of who has reached the age of 60 years or over as of the date of receipt of the notice provided for hereunder. HANDICAPPED PERSON A person as defined in Sections 3(2) of the U.S. Housing Act of 1937 as amended by the Housing and Community Development Act of 1974. HOUSING ACCOMMODATION Any building, structure, or part thereof or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes containing three or more dwelling units, together with all services connected with the use or occupancy of such property. LANDLORD The individual who holds legal title to any housing accommodations in any manner including, but not limited to, a partnership, corporation or trust. For the purposes of this Bylaw, the rights and duties of a landlord hereunder shall be the obligated of anyone who manages, controls, or customarily accepts rent on behalf of the landlord. LOW AND MODERATE INCOME HOUSING Households whose total income for the previous year was equal to or less than the qualification income for the Section 8 Housing Assistance Program as designated from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937 as amended by the Housing and Community Development Act of 1974, as further amended by the Quality Housing and Work Responsibility Act of 1998, codified at 42 U.S.C. § 1437 et seq., and/or as otherwise defined by law, and calculated pursuant to such provisions. [Amended 6-6-2016 ATM by Art. 9] PERSON WITH A DISABILITY A person as defined in Section 3(2) of the U.S. Housing Act of 1937 as amended by the Housing and Community Development Act of 1974, as further amended by the Quality Housing and Work Responsibility Act of 1998, codified at 42 U.S.C. § 1437 et seq., and/or otherwise as may be defined by law. For purposes of this Bylaw, the term "person(s) with a disability" may be used interchangeably with and/or in place of the term "handicapped person" without changing the definition of either. [Added 6-6-2016 ATM by Art. 9] RENTAL HOUSING AGREEMENT An agreement, verbal, written or implied between a landlord and a tenant for use or occupancy of a housing accommodation or for housing services. TENANT Any person entitled under the terms of a rental housing agreement to the use and occupancy of any housing accommodation or for housing services. UNJUSTIFIABLE RENT INCREASE Any rent increase exceeding that allowed by consumer price index, 10% maximum, and Tax Escalation Clause provisions of the Section 4(3) of Chapter 527 of the Acts of 1983.
Source: Legislative text reproduced verbatim
Plain English

Section 35-3 of Abington's Code of Bylaws (CH. 35 § 35-3) establishes the foundational vocabulary for the town's condominium conversion and rental housing regulations. Key terms defined include 'condominium conversion,' 'conversion eviction,' 'elderly tenant,' 'person with a disability,' 'housing accommodation,' and 'unjustifiable rent increase,' among others. These definitions set the boundaries for who and what is covered throughout the rest of Chapter 35, including which buildings qualify as housing accommodations (those with three or more dwelling units) and which rent increases are considered unjustifiable under the bylaw.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Abington should be familiar with the definitions in CH. 35 § 35-3, as they determine the scope of obligations throughout Chapter 35. Notably, the definition of 'landlord' extends beyond the titleholder to anyone who manages, controls, or customarily accepts rent on behalf of the owner, meaning property managers and agents are generally subject to the same duties. Compliant operators typically ensure that any rent increases stay within the consumer price index ceiling (with a 10% maximum) and tax escalation provisions outlined in the bylaw's definition of 'unjustifiable rent increase.'

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Abington benefit from the protections built into the definitions of CH. 35 § 35-3, which establish who qualifies as a tenant, what counts as a housing accommodation, and what constitutes a conversion eviction or an unjustifiable rent increase. Tenants who are 60 years of age or older, or who qualify as a person with a disability, may have additional protections under Chapter 35 given how those terms are specifically defined here. Tenants who believe a rent increase or eviction falls outside the bounds set by these definitions may wish to review the full Chapter 35 bylaw, consult a local tenant-rights organization, or contact the Abington Planning Board for guidance on applicable procedures.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

Mass. Gen. Laws c. 183A
Not yet ingested
42 U.S.C. § 1437
Not yet ingested

References In

Rules and statutes that cite this regulation

MA Muni § 35-6
MA Muni § 35-3

Related Rules

§ 10-2.1
Definitions
§ 5-4-1-2
PURPOSE, DECLARATION OF POLICY
§ 5-4-1-5
APPLICABILITY OF PROVISIONS

Source Information

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