Fitchburg, Mass., Code of Bylaws ch 79 § 79-6
Actions prohibited after issuance of permit (Fitchburg Condominium Conversion)
Operative Text
A. After a permit to convert has been issued under § 79-5 , no person or entity, including any applicant, his or her agents, employees, successors or assigns, shall: [Amended 6-3-2014 by Ord. No. 100-2014 ] (1) Bring an action to recover possession against a tenant of a rental housing unit for which a permit has been issued for a period of two years from the date of the issuance of said permit, unless there has been a material breach of the terms of the tenancy; except that in the case of a tenant for whom a hardship has been found to exist, no action to recover possession of a rental housing unit shall be brought for a period of five years from the date of the issuance of said permit, unless there has been a material breach of the terms of the tenancy. (a) Notwithstanding anything to the contrary stated above, the tenant of a rental housing unit for which a permit has been issued shall have the right to rely on one of the following: [1] Protections provided above; [2] Protections provided by the tenant's existing lease; or [3] The applicant's relocation plan. (b) The tenant must state in writing which protection he or she wants within 90 days of the issuance of the permit. (2) Increase the rent for any tenant during the applicable tenancy period described in Subsection A(l) above to an unconscionable level, except as specified in an existing lease. (3) Commit acts of harassment in order to effectuate in any way the vacancy of a rental housing unit. B. Subsection A(1)(a)[1] and [2] , (2) and (3) shall also apply to any rental housing unit which has been converted prior to the effective date of passage but for which a purchase and sale agreement has not been entered into prior to the effective date of passage, a canceled deposit check being conclusive proof of the transaction or a unit deed recorded in the Worcester County Registry of Deeds prior to the effective date of passage, unless otherwise exempted under § 79-2A(1) and (2) of this chapter.
Fitchburg, Mass., Code of Bylaws CH. 79 § 79-6 establishes a set of protections for tenants living in rental units after a condominium conversion permit has been issued. For a standard tenant, no eviction action may be brought for two years following permit issuance (unless there is a material breach of tenancy), while tenants with a recognized hardship receive five years of protection. The rule also bars landlords from raising rents to an unconscionable level during the applicable protection period and prohibits any acts of harassment intended to push tenants out of their units. Tenants must notify the permit holder in writing within 90 days of permit issuance which form of protection they wish to rely on.
Plain English — not legal advice.
Under CH. 79 § 79-6, operators who have received a conversion permit must refrain from initiating eviction proceedings against existing tenants for the duration of the applicable protection window — two years in standard cases, five years where a hardship determination has been made — unless a material breach of the tenancy has occurred. Compliant operators also avoid rent increases that could be characterized as unconscionable during that period and take care that no conduct by themselves, their agents, employees, or assigns could be construed as harassment aimed at vacating units. Keeping clear records of any tenant-written elections of protection (standard protections, existing lease terms, or the relocation plan) within the 90-day window is a practice consistent with the requirements of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 79 § 79-6 gives tenants in units subject to a conversion permit the right to choose among three forms of protection: the statutory two- or five-year eviction shield, the terms of their existing lease, or the applicant's relocation plan — but that choice must be communicated in writing within 90 days of the permit's issuance. The provision also prohibits unconscionable rent increases and harassment designed to pressure tenants to vacate during the applicable protection period. Tenants who believe these protections are being violated may consider contacting the Fitchburg city government, a local tenant-rights organization, or consulting with a housing attorney to understand the enforcement paths available under this chapter.
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.
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