Lexington, Mass., Code of Bylaws ch 144 § 144-3

As used in these regulations, the following words shall have the following meanings, unless the context clearly requires otherwise. APPLICANT The owner or purchaser of a housing accommodation applying for a conversion or eviction license under these regulations and the by-law. BOARD The Condominium Conversion Board, consisting of five members appointed by the Town of Lexington Select Board who are responsible for the administration of the by-law and these regulations. [Amended 3-27-2019 ATM by Art. 34 ] BY-LAW The Town of Lexington Housing Conversion and Eviction By-Law, as amended. [1] CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION An eviction of a tenant (a) for the purpose of removing such tenant from a housing accommodation in order to facilitate the initial sale and transfer of legal title to that housing accommodation as a condominium or cooperative unit to a prospective purchaser, or (b) for the purpose of removing such tenant from a housing accommodation in order to facilitate the sale and transfer of legal title to that housing accommodation after a binding purchase and sale agreement has been validly executed for the sale of such condominium or cooperative unit; provided, however, that the eviction of a tenant for nonpayment of rent or other violation of a rental agreement for which a tenant may be evicted under applicable law shall in no event be deemed a condominium or cooperative conversion eviction. CONDOMINIUM UNIT OR ACCOMMODATION A unit, as that term is defined in MGL c. 183A , in a housing condominium. CONSUMER PRICE INDEX As used in § 63-4E(2) of this Code and Chapter 527 of the Acts of 1983, shall be the United States Consumer Price Index for All Urban Consumers, U.S. City Average, as published by the United States Department of Labor, Bureau of Labor Statistics. CONVERSION The recording of a master deed or master lease in order to make the initial sale and transfer of title to a housing accommodation as one or more condominium units pursuant to an individual unit deed or deeds, or, as one or more cooperative units pursuant to an individual proprietary lease or leases, as the case may be. CONVERSION LICENSE The license required by the by-law and § 144-4A of these regulations prior to the conversion of any housing accommodation into condominium or cooperative forms of ownership. CONVERSION NOTICE The notice given by the owner to the tenant as required by § 144-4B of these regulations. COOPERATIVE UNIT OR ACCOMMODATION A unit, as set forth in MGL c. 156B , 157 , or 157B , in a housing cooperative. ELDERLY TENANT A tenant or group of tenants of the same housing accommodation, any of whom has reached the age of 62 years or over as of the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier. EVICTION LICENSE The license required by the by-law and § 144-5A of these regulations prior to the eviction of any handicapped, elderly or low- to moderate-income tenant from any housing accommodation. HANDICAPPED TENANT A tenant or group of tenants of the same housing accommodation, any of whom is physically handicapped as defined in MGL c. 22, § 13A , as of the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier. HOUSING ACCOMMODATION Any building, structure, or part thereof or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes which has been used in whole or in part for residential purposes within one year prior to the date of submission of an application for a conversion license provided for herein or within one year prior to the time of the conversion of such housing accommodation prior to the adoption of this by-law, whichever is earlier, together with all services connected with the use or occupancy of property, but not including the following: A. Housing accommodations which the United States or the commonwealth or any authority created under the laws thereof either owns or operates; B. Housing accommodations in any hospital, convent. monastery, asylum, public institution or college or school dormitory operated exclusively for charitable or educational purposes; or in any nursing or rest home for the aged; C. Buildings containing fewer than four housing accommodations; or D. Housing accommodations in hotels, motels, inns, tourist homes, and rooming houses and boardinghouses which are occupied by transient guests staying for a period of fewer than 14 consecutive calendar days. INTEREST SUBSIDY Any payment made by the federal or state government to reduce the effective interest rate payable by a mortgagor. LOW- or MODERATE-INCOME TENANT A tenant or group of tenants entitled to occupy the same housing accommodation as of the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier, so long as the total income for such tenant or group of tenants for the 12 months immediately preceding the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier, is less than 80% of the median income for the area set forth in regulations promulgated from time to time by the Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437 et seq., and calculated pursuant to said regulations; or, a tenant or group of tenants entitled to occupy the same housing accommodation as of the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier, so long as the total income for such tenant or group of tenants for the 12 months immediately preceding the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier, falls within 50% to 120% of the Boston SMSA median income as calculated from time to time by the Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437 et seq., as amended; whichever shall apply. OWNER The individual or entity which holds title to any housing accommodation subject to conversion, including the individual or entity which holds title to any condominium or cooperative accommodation after such conversion but prior to the execution, delivery and recording of a unit deed (in the case of condominium conversion) or a unit lease (in the case of a cooperative conversion) for such accommodation, including without limitation, a partnership, corporation, or trust. PURCHASER An individual or entity other than the owner which has validly executed a binding purchase and sale agreement for a condominium or cooperative unit, including without limitation, a partnership, corporation, or trust. For the purposes of these regulations, a purchase and sale agreement shall be considered binding even though the purchaser's obligation to purchase the condominium or cooperative unit is subject to the customary contingencies as to financing and inspection. TENANT A person or group of persons collectively entitled to occupy a housing accommodation pursuant to a written, oral or implied rental agreement existing at the date of the conversion of such housing accommodation prior to the adoption of this by-law or the receipt by such tenant or group of tenants of any conversion notice, whichever is earlier. Any tenant or group of tenants who first becomes entitled to occupy a housing accommodation after the date of the conversion of such housing accommodation prior to the adoption of this by-law or the granting of any conversion license for such housing accommodation shall not be entitled to the protections afforded by the by-law or these regulations. TENANT SUBSIDY Any payment made by the federal or state government for or on behalf of any tenant to be applied toward the reduction of the tenant's rental payment. TOTAL INCOME The total combined income from all sources for a tenant or group of tenants of a housing accommodation for the 12 months immediately preceding the date of the conversion of such housing accommodation prior to the adoption of this by-law, or the receipt by such tenant or group of tenants of any conversion notice provided for herein, whichever is earlier, or the exercising of any right, whichever may occur later, excluding income which is temporary, nonrecurring or sporadic as defined in H.U.D. Regulation 24 CFR 860.403(n)(1)-(7). Total income shall include, but not be limited to, the following: A. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; B. Net income from the operation of a business or profession; C. Interest, dividends, and net income of any kind from real or personal property; D. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts; E. Payments in lieu of earnings, such as unemployment compensation and severance pay; F. Welfare assistance payments; G. Periodic and determinable allowances, such as alimony and child support payments, and payments nominally to a minor for his support and controlled for his benefit by another; H. Regular contributions or gifts received from persons not residing in the housing accommodation; and I. All regular pay, special payments, and allowance received by a member of the Armed Forces. TOWN The Town of Lexington, Massachusetts. [1] Editor's Note: See Ch. 63 , Housing Conversion and Eviction.