Boston Municipal Code ch. 10-2 § 10-2.13A

(A) Notice of planned conversion .
(1) Where, on or after the date that this Subsection is adopted by the city, a landlord converts or has the intent to convert a housing accommodation to the condominium or cooperative form of ownership, the landlord shall, prior to such conversion and/or the marketing of such condominium or cooperative units, give written notice of such conversion or planned conversion to the tenants residing in such housing accommodations, as well as notice to the Center. The notice shall describe the terms under which the tenants may purchase such property. The notice shall describe the price and the terms of any bona fide offer that the landlord would intend to accept for purchase of the housing accommodations. The Center shall provide information to such tenants of their rights under this Section and of available local, commonwealth or federal programs to assist in purchasing such accommodations.
(2) If a tenant who is entitled to receive the notice of intent to convert as required herein vacates the residential unit before the initial sale and transfer of title to the residential unit as a condominium unit has occurred, then the landlord shall give each prospective tenant of the residential unit written notice, prior to the inception of the tenancy, which informs the prospective tenant that the unit is a condominium unit and, if applicable, that the unit is currently being offered for sale or will be offered for sale within 90 days of the inception of the tenancy.
(B) Right of first refusal on initial conversion/sale of housing accommodations as condominium or cooperative units . Individual tenants shall be given the right to purchase a housing accommodation which is converted or intended for conversion and sale as an individual condominium or cooperative unit on terms and conditions which are substantially the same as, or more favorable than, those which the owner extends to the public generally, or to a third party, whichever is less, for the 90 days following the expiration of said tenant’s right to purchase. Such tenant may exercise a right to purchase such housing accommodation by executing a purchase and sale agreement prior to the expiration of 90 days after the date that the tenant receives a copy of the purchase and sale agreement properly executed by the person offering the housing accommodation for sale. No owner shall unreasonably refuse to enter into, or unreasonably delay the execution of, a purchase and sale agreement with a tenant entitled to a right of first refusal under this Section that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to this Subsection. Failure of the tenant entitled to exercise the right of first refusal to execute such a purchase and sale agreement within the 90-day period shall serve to terminate the right of the tenant to purchase the housing accommodation, and there shall be no right of first refusal at the time of the subsequent sale of such unit; provided, however, the tenant shall still have the right of first refusal in the event of a condominium or cooperative conversion eviction as described in Subsection 10-2.10(F). The time periods herein provided may be extended by agreement between the tenant and the landlord.
(C) Subsequent notice and opportunity to purchase if bona fide offer changes . The right of first refusal created herein shall inure to a tenant for the time periods herein before provided. The effective period of such right of first refusal shall obtain separately for each substantially different bona fide offer to purchase the housing accommodation, and for each offer substantially equivalent to an offer made more than three months prior to the later offer; provided, however, in the case of a substantially equivalent offer made by a prospective buyer who has previously made an offer which notice was required under this Subsection, the right of first refusal shall obtain only if such subsequent offer is made more than six months after the earlier offer.
(D) Exemption to right of first refusal . The right of first refusal shall not apply with respect to any offer received by the owner for which notice is not required pursuant to this Subsection. No right of first refusal shall apply to a government taking by eminent domain or negotiated purchase, a force sale pursuant to a foreclosure, transfer by gift, devise or operation of law or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of the landlord.
(E) Documentation of compliance . In any instance in which the tenant is not the successful purchaser of such housing accommodation at the time of conversion to the condominium or cooperative form of ownership, the landlord shall certify compliance with this Subsection by filing an affidavit of compliance with the Center within 90 days of the sale of the individual condominium or cooperative unit; a copy of such affidavit shall also be provided to the tenant.
(CBC 1985 10-2.13A; Ord. 1999 c. 8 § 3) Penalty, see Subsection 10-2.17
Editor’s note:
Former Subsection 10-2.13A, Removal Permits, previously codified herein and containing portions of Ordinance 1996 c. 3 was repealed in its entirety by Ordinance 1999 c. 8.