Fitchburg, Mass., Code of Bylaws ch 79 § 79-2
Restrictions (Fitchburg Condominium Conversion)
Operative Text
A. No landlord, other person or other entity shall convert any rental housing unit without receiving a permit from the Council, provided that no permit shall be required in the following situations: (1) The subject rental housing unit(s) is/are unoccupied; provided that if 25% or more of the rental housing units in the building are occupied at the time the master deed was recorded or the cooperative incorporated, a permit shall be required for all the rental housing units of the building. (2) The tenant of the subject rental housing unit states in writing that he or she desires to purchase said unit. [Amended 6-3-2014 by Ord. No. 100-2014 ] (3) The offer for sale is made to a third party, provided that the tenant of said rental housing unit shall have the right of first refusal to purchase said rental housing unit, which must be exercised within 90 days of said offer to the tenant. Notwithstanding anything to the contrary, any person who is a tenant at any time between the date of recording of a master deed or incorporation of a cooperative and the date of sale of said rental housing unit shall have all the rights and protections provided under this chapter and regulations issued by the Council pursuant to § 79-3 . In the event that a third party purchases said rental housing unit under this exemption, such party, his or her agents, successors or assigns must comply with the other provisions of this chapter, with the exception of § 79-4A(2) and (4) , before obtaining occupancy of said rental housing unit. [Amended 6-3-2014 by Ord. No. 100-2014 ] B. Notwithstanding anything to the contrary provided above, no landlord, other person or other entity shall bring an action to evict a tenant from a rental housing unit at any time between the date of recording of the master deed or incorporation of a cooperative and the end of the protection period elected by the tenant pursuant to § 79-6 unless there has been a material breach of the tenancy. C. Notwithstanding anything to the contrary stated above, no landlord, other person or other entity shall convert a rental housing unit pursuant to this section unless he or she has obtained a certification by an independent licensed engineer or architect that the building in which is any rental housing unit to be converted meets all applicable Building and Health Codes of the City of Fitchburg and the Commonwealth of Massachusetts. [Amended 6-3-2014 by Ord. No. 100-2014 ] D. No rental housing unit once legally occupied as a condominium or cooperative unit pursuant to this chapter shall ever again be subject to the chapter for any reason.
Fitchburg, Mass., Code of Bylaws CH. 79 § 79-2 establishes that converting rental housing units into condominiums or cooperatives generally requires a permit from the City Council, with narrow exceptions for unoccupied units, tenant-initiated purchases, and certain third-party sales. Even when a permit is not required, tenants retain a right of first refusal lasting 90 days and are protected from eviction between the recording of a master deed and the end of their elected protection period, unless they have materially breached the tenancy. Additionally, any conversion requires an independent licensed engineer or architect to certify that the building meets all applicable Fitchburg and Massachusetts Building and Health Codes before the conversion may proceed.
Plain English — not legal advice.
Under CH. 79 § 79-2, operators who wish to convert rental units to condominiums or cooperatives typically secure a Council permit before proceeding, unless a recognized exemption clearly applies. Compliant operators also obtain an independent licensed engineer or architect certification confirming the building meets all applicable Building and Health Codes, and they refrain from initiating eviction proceedings during the period between master deed recording and the end of each tenant's elected protection period except in cases of material tenancy breach. When a third-party sale is involved under an exemption, the new owner and their agents or successors are still generally expected to comply with the chapter's other provisions before taking occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 79 § 79-2 gives tenants in buildings undergoing conversion important protections, including a 90-day right of first refusal if the unit is offered to a third party, and protection from eviction between the date the master deed is recorded and the end of the protection period the tenant elects under § 79-6. These rights apply to anyone who holds tenancy at any point during that window, not just those in place at the moment of conversion. Tenants who believe these protections are being violated may consider raising the violation with the Fitchburg City Council, consulting a local tenant-rights organization, or exploring whether the conduct constitutes a defense in any eviction proceeding.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.