Boston Municipal Code ch. 10-2 § 10-2.12

(A) General rule .
(1) Notwithstanding any other statute, ordinance, code or law to the contrary, no person shall remove any occupied or vacant, controlled or decontrolled lodging house unit from actual or potential rental housing use, without first obtaining a removal/conversion permit from the Board. Such provisions shall apply whether or not there is a license for such lodging house. The Board may establish reasonable regulations governing the criteria listed in division (C) below and the procedures to be followed regarding application for and issuance of removal/conversion permits. Notwithstanding anything to the contrary contained herein, any lodging house unit, or any lodging house building or structure owned by an educational institution on or before March 30, 1988 and now or hereafter used by such educational institution for dormitory or student housing purposes shall be exempt from the removal permit requirement. Such use shall not constitute a removal.
(2) Further, notwithstanding anything to the contrary contained herein, lodging house units which are newly constructed or converted to lodging house use after the effective date of this Subsection and which have not been rented or offered for rent previously as lodging house units shall be exempt from the lodging house removal permit requirement. Said exemption shall have no effect on the operation of all other ordinances and regulations.
(B) Definitions . See definition for “dormitory or student housing”, “lodging house” and “lodging house unit” in Subsection 10-2.1.
(C) Removal permit criteria . The Board, in determining whether to grant or deny a removal/conversion permit shall consider the aggravation of the shortage of safe, decent and affordable rental housing units, especially lodging house units, in the city and its neighborhoods which may result from the removal/conversion, especially for low to moderate income, handicapped or elderly tenants.
(1) In making such determination, the Board, in its discretion, shall make findings on any or all of the following factors:
(a) The benefits and detriments to the persons whom the ordinance and this Subsection seek to protect;
(b) The hardships imposed on the tenant(s) residing in the lodging house units proposed to be removed or converted;
(c) Circumstances demonstrating hardship and inequity to the applicant seeking a permit;
(d) The rate of vacancy in the city at the time the applicant applies for a permit;
(e) Whether the majority of the tenants are elderly, as defined in Subsection 10-2.1 or handicapped, as defined in Subsection 10-2.1 or low or moderate income as defined in Subsection 10-2.1 or low income as defined in Subsection 10-2.1; or
(f) Any other relevant factors.
(2) Any removal/conversion permit granted by the Board may be subject to such terms and conditions which the Board may require in furtherance of the purposes of the Subsection.
(D) Hearings . Removal/conversion hearing shall be conducted in accordance with the provisions of M.G.L. Chapter 30A, Section 11 except that requirements (7) and (8) of such Section 11 shall not apply to such hearings.
(E) Judicial review . All decisions of the Board with regard to removal/conversion permits may be appealed to the District Court Department of the Trial Court for the judicial district within which the housing accommodation is located or the Housing Court Department of the Trial Court, City of Boston Division, within 30 calendar days after the notice of such decision.
(F) Enforcement .
(1) The Superior Court Department of the Trial Court and the Housing Court Department of the Trial Court, City of Boston, shall severally have jurisdiction to enforce the provisions of this Subsection and any rules and regulations promulgated pursuant to this Subsection, and may restrain or enjoin violations of this Subsection.
(2) The Rent Equity Board shall give notice of a hearing within 14 days from the filing of a petition for a removal permit and shall hold a removal permit hearing within 30 days from the date of the filing of the petition. The Rent Board shall make a decision within 45 days from the filing of the petition. Should the Rent Board fail to meet the schedule set forth herein, parties may seek an order from the Superior Court or the Housing Court Department of the Trial Court, City of Boston Division requesting an order that the Rent Equity Board make an expedited determination of the petition. Upon finding that the Rent Board has failed to comply with the schedule set forth herein, the court shall order an expedited hearing and determination of the petition.
(G) Transition . All actions, cases, Board decisions decided or pending under the June 16, 1987 Amendment entitled “Permits for Removal/Conversion of Housing Accommodations in Lodging and Rooming Houses” shall be governed as provided for in this Subsection.
(1) All decisions rendered by the Board under the provisions of June 16, 1987 Amendment shall remain in full force and effect under the provisions of this amendment.
(2) All matters pending before the Board as of the effective date of this Subsection shall remain in full force and effect but shall be processed in accordance with the provisions of this amendment.
(3) The provisions of the June 16, 1987 amendment, shall be treated as remaining in force and effect for the purpose of sustaining in court any proper suit, action or prosecution with respect to any right, liability or offense arising under such amendment. However any such suit, action or prosecution shall be processed under the provisions of this amendment.
(H) Effective date . This amendment to Chapter 34 of the Ordinances of 1984 shall be effective immediately upon passage. Matters decided by or pending before the Board and matters decided or pending in Court shall be treated in accordance with division (G) above.
(I) Severability . The provisions of this amendment and the ordinance it amends (this Section) shall be severable and if any one or more provisions, or parts or subparts thereof, shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions or parts thereof.
(CBC 1985 10-2.12; Ord. 1987 c. 6 § 5; Ord. 1988 c. 4 § (i)-(iii); Ord. 1988 c. 7 § 1)
Penalty, see Subsection 10-2.17
Editor’s note:
This Subsection (ordinance) was adopted by the Boston City Council on May 4, 1988 and approved by the Mayor on May 20, 1988. This Subsection (ordinance) was adopted by the Boston City Council on May 4, 1988 and approved by the Mayor on May 20, 1988 Chapter 34 of the Ordinance of 1984 is codified as Section 10-2.