Boston Municipal Code ch. 10-2 § 10-2.6

(A) All elderly, handicapped or low- or moderate-income tenants of decontrolled housing accommodations may petition the Board on a form approved by the Administrator for a downward adjustment of the rent for such a housing accommodation if the landlord has increased the rent for said tenant’s housing accommodation by percentage which is greater than the percentage increase in the consumer price index for the 12 months immediately preceding the date of said tenant’s petition. For the purpose of preventing rent gouging, all other tenants of decontrolled housing may petition the Board on a form approved by the Administrator for a downward adjustment of the rent for such housing accommodation if the landlord has increased the rent for said tenant’s housing accommodation by a percentage greater than 10% in any one year. The Board shall, at least annually, take all reasonable steps to make such tenant aware of the provisions of this Subsection and the rights and protections of all tenants existing pursuant to this Section. The Administrator shall conduct a hearing with respect to all such petitions filed and shall make a recommendation to the Board. The Board shall not be bound by the Administrator’s recommendation and shall evaluate independently the evidence as presented to the Administrator. The Board shall act within a reasonable time after receiving the Administrator’s recommendation; provided, however, such action shall occur within 60 days after the Board’s receipt of a petition. Until a decision has been made by the Board in favor of the tenant, the tenant shall be obligated to tender such rent increase as lawfully required by the landlord; provided, however, the Board shall order repayment. The Board may by regulation modify the hearing procedure provided for in this Section to serve the public interest.
(B) Any such petition shall be filed with the Board within 45 days after the tenant’s receipt of the landlord’s notice of the rent increase; provided, however, the Board may extend such period for filing if the tenant was unable to file the petition due to illness, absence from the city or other good cause. The Administrator shall notify the landlord upon receipt of a petition. Failure on the part of the landlord to appear at a hearing, either in person or through counsel, on a tenant’s petition pursuant to this Subsection shall result in an automatic approval of said tenant’s petition.
(C) Within 45 days after the effective date of this Section, annually on January 2, beginning in 1985, and as part of any notice of an increase in the rent for any decontrolled housing accommodation, and upon a tenant’s initial taking of occupancy in a unit of a housing accommodation, every tenant shall be notified in writing of his or her right to file a rent grievance with the Board pursuant to this Subsection. Such notice shall be in a form which has been approved by the Administrator and shall contain information respecting the conditions of eligibility and the procedure for such rent grievances. On or before February 1 of each year, the landlord shall file with the Board an affidavit, under penalty of perjury, that he or she has caused the notice to be mailed on or about January 2 to each such tenant. Notwithstanding any other provisions of this Subsection, no landlord shall receive more than one rent adjustment in any 12-month period.
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 6; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; CBC 1985 10-2.6) Penalty, see Subsections 10-2.16, 10-2.17