New Bedford Code of Ordinances ch. 13 § 13-5

(a) Preamble.
Whereas, a serious public emergency exists with respect to the housing of a substantial number of citizens of New Bedford; and
Whereas, the deterioration and demolition of existing housing and an insufficient supply of new rental housing have resulted in a substantial and critical shortage of safe, decent, and reasonable priced rental housing accommodations; and
Whereas, the prolonged increases in housing costs at a rate substantially exceeding increases in personal income, the increased costs of new housing construction and the conversion of multiple unit rental housing accommodations occupied by tenants to condominium units and cooperatives has resulted in a substantial and critical shortage of safe, decent, and reasonably priced housing accommodations; and
Whereas, home ownership creates an interest in real estate which tends to contribute to the maintenance and preservation of housing and to an increase in real estate taxes which has a salutary effect on the city and its people, and the city council should, therefore, encourage an increase in such ownership or at least should avoid discouraging it; and
Whereas, at present in the city there is a great interest in and a significant amount of conversions of multiple unit rental housing occupied by tenants to condominium units or cooperatives occupied by individual owners thereof; and
Whereas, notwithstanding the general good accomplished by such increase in home ownership, many people of limited means, particularly the elderly, the handicapped, and persons and families of low and moderate income, are suffering thereby in that they have difficulty in obtaining alternative rental housing at prices which they can afford when evicted for condominium conversion; and
Whereas, the untoward effects of condominium conversion evictions on tenants can be adequately dealt with by providing potentially displaced tenants with sufficient time to examine the housing market, evaluate available housing alternatives, formulate future housing plans, secure any necessary financing and decide whether to purchase the condominium unit or relocate; and
Whereas, this emergency cannot be dealt with solely by the operation of the private rental housing market, and unless evictions for condominium conversions and cooperatives are regulated and controlled, such emergency and the inflationary pressures and displacement resulting therefrom will produce serious threats to the public health, safety, and general welfare of the citizens of New Bedford;
Now, therefore, pursuant to the authority vested in it by law, including without limitation, Chapter 527 of the Acts of 1983, as amended by Chapter 170 of the Acts of 1984, be it ordained by the City Council of the City of New Bedford as follows:
(b) Definitions. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
Condominium unit. A unit in a housing condominium as that term is defined in M.G.L.A. c. 183A.
Condominium or cooperative conversion eviction. An eviction of a tenant 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 an eviction of a tenant by any other person who has purchased a housing accommodation as a condominium or cooperative unit when the tenant whose eviction is sought was a resident of the housing accommodation at the time the notice of intent to convert is given to convert the building or buildings to the condominium or cooperative form of ownership pursuant to this section provided, however, that the eviction of a tenant for nonpayment of rent or other violation of a rental agreement shall in no event be deemed a condominium or cooperation conversion eviction.
Elderly tenant. A tenant who is a person or group of persons residing in the same housing accommodation any of whom has reached the age of fifty-nine (59) years or over as of the date of receipt of the notice provided for hereunder.
Handicapped tenant. A person who is physically handicapped as defined in M.G.L.A. c. 239, § 9, as of the date of receipt of the notice provided for hereunder.
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, together with all services connected with the use or occupancy of such property, but not including the following:
(1) Housing accommodations which the United States or the commonwealth or any authority created under the laws thereof either owns or operates;
(2) 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;
(3) Buildings containing fewer than three (3) housing accommodations;
(4) Housing accommodation in hotels, motels, inns, tourist homes, and rooming and boarding houses which are occupied by transient guests staying for a period of fewer than fourteen (14) consecutive calendar days.
Interest subsidy. Any payment made by the federal or state government to reduce the effective interest rate payable by the mortgagor.
Low or moderate income tenant. A tenant who is a person or group of persons residing in the same housing accommodation so long as the total income for all such tenants for the twelve (12) months immediately preceding the date of notice provided for hereunder is less than the income eligibility levels as set forth in regulations promulgated from time to time by the department of housing and urban development regulating the Section 8 Rental Subsidy Program, and calculated pursuant to said regulations.
Tenant. A person or group of persons collectively entitled to occupy a housing accommodation pursuant to a rental agreement written or implied.
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.
(c) Conversion, notice, eviction, purchase, benefits and assistance.
(1) If a building submitted to the provisions of M.G.L.A. c. 183A, c. 156B, c. 157, c. 157B or any provisions of the Massachusetts General laws governing the cooperative form of ownership has been used in whole or in part for residential purposes within one year prior to the recording of a master deed creating a condominium or the filing of the articles of organization creating a housing cooperative, the owner thereof shall give each tenant of all housing accommodations in such building or buildings notice of intent to convert the building or buildings to the condominium or cooperative form of ownership. Such notice shall state in clear and conspicuous language the following in English, Spanish, and Portuguese:
a. That the owner has filed or intends to file a master deed at the registry of deeds whose location is stated in the notice or has filed or intends to file articles of organization with the secretary of the commonwealth;
b. That any tenant residing on the date the notice of intent is given in the building or buildings converted or to be converted to the condominium or cooperative forms of ownership shall have a period of time which shall be stated in the notice, from the date of receipt of such notice, as authorized by this act, before the tenant shall be required to vacate the housing accommodation occupied on the date the notice is received;
c. That any tenant residing on the date the notice of intent was given in the building or buildings to be converted shall have a period of time, which shall be stated in the notice, from the date of receipt of such notice, as authorized by this section, to purchase the unit occupied by the tenant on the date the notice is received on terms and conditions which are substantially the same as or more favorable than those which the owner extends to the public generally for the ninety (90) days following the expiration of said tenants right to purchase as may be required by paragraph (2).
All notices required under this section shall be deemed to have been given when a written notice is delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom the notice is being given.
Whenever an owner is required to give notice of intent provided for in this section the period of notice shall not be less than the expiration of any written agreement between the owner and the tenant of the housing accommodation which governs the use and occupancy of said housing accommodation or one year from the date the tenant of such housing accommodation is given said notice of intent, whichever is greater; provided, however, that in the case of a housing accommodation occupied in whole or in part by a handicapped tenant or occupied by an elderly or low or moderate income tenant the period of notice shall not be less than two (2) years from the date the tenant of such housing accommodation received said notice of intent.
No person shall bring any action seeking a condominium or cooperative eviction until the expiration of the periods of time for notice to tenants specified in this section.
The burden of proving qualifications with respect to age, handicap, and income shall rest with the tenant.
(2) Any owner of residential property who converts such property to the condominium or cooperative form of ownership shall give to any tenant who is entitled to receive notice pursuant to this section the right to purchase the housing accommodation occupied by such tenant at the time such notice is delivered on terms and conditions which are substantially the same as or more favorable than those which the owner extends to the public generally for the ninety (90) days following the expiration of said tenant's right to purchase. Such tenant may exercise a right to purchase such housing accommodations by executing a purchase and sale agreement prior to the expiration of ninety (90) days after the date of receiving a copy of the purchase and sale agreement properly executed by the person offering the housing accommodation for sale.
(3) The owner of residential property converted to the condominium or cooperative form of ownership shall pay to any tenant who is entitled to receive a notice pursuant to this section and who does not purchase the housing accommodation which he occupies or another housing accommodation in the same building or buildings relocation benefits for the actual, documented costs of moving, not to exceed seven hundred fifty dollars ($750.00) per housing accommodation; provided, that if such housing accommodation is occupied in whole or in part by a handicapped tenant or is occupied by an elderly or low or moderate income tenant the maximum relocation benefit shall not exceed one thousand dollars ($1,000.00) per housing accommodation. Such relocation benefits shall be payable within ten (10) days after the date on which the tenant vacates the housing accommodation occupied by him; provided, however, that no tenant shall be eligible for such relocation benefits unless all rent due and payable for said unit under the rental agreement or extension of such agreement, if any, has been paid by the tenant prior to the date on which the housing accommodation is vacated and only as long as the tenant voluntarily vacates the housing accommodation for which recovery of possession is sought on or before the expiration of the notice period.
(4) Any owner of residential property converted to the condominium or cooperative form of ownership shall assist elderly, handicapped and low or moderate income tenants who qualified as such as of the date of receipt of the notice authorized pursuant to this section locating, within the period of the notice to such tenants, comparable rental housing within the same city or town in which such tenant resides which rents for a sum which is equal to or less than the sum which such tenant had been paying for the housing accommodation occupied at the time of receipt of the notice authorized by this section. The failure of the owner of such residential property to find such substitute housing accommodation shall extend the period of notice for up to an additional two (2) years.
(5) Any owner of residential property converted to the condominium or cooperative form of ownership shall give to any tenant who is entitled to receive a notice pursuant to this section an extension of the rental agreement at the expiration thereof. Such extension, where required, shall be for such period or periods of one year or such fraction thereof as shall equal the period of notice to which such tenant is entitled pursuant to the provisions of this section. The provisions of such rental agreement may not otherwise be modified by the property owner except with respect to the amount of annual rent, any increase in which shall not exceed an amount equal to the sum which would result by multiplying said rent by the percentage increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the calendar year immediately preceding the date upon which such rental agreement is commenced, or ten (10) percent, whichever is less; provided, however, nothing herein shall limit the right of a property owner to any amounts which may be due under a valid tax escalation clause.
(d) Punishment, enforcement. In accordance with the Acts of 1983, Chapter 527, Section 5, any owner who converts residential property in violation of any provisions of the ordinance, adopted pursuant to the Acts of 1983, Chapter 527, shall be punished by a fine of not less than one thousand dollars ($1,000.00), or by imprisonment of not less than sixty (60) days. Each unit covered in violation of this section constitutes a separate offense.
Any violation of this section adopted pursuant to the Acts of 1983, Chapter 527, by an owner of residential property shall not affect the validity of a conveyance of a condominium unit or an interest in a housing cooperative to a purchaser for value who has no knowledge of the violation.
The district and superior courts, in the City of New Bedford and Bristol County, shall have jurisdiction over any action arising from any violation of this section adopted pursuant to the Acts of 1983, Chapter 527, and shall have jurisdiction in equity to restrain any such violation.
(e) Condominium review board.
(1) There is hereby established a condominium review board, hereinafter called the "board," which shall consist of five (5) members, each of whom shall be residents of the City of New Bedford as a condition of their appointment and continued service as a member of the board. Board members shall serve without compensation and shall be appointed by the mayor and confirmed by the city council, except that one member shall be a member of the city council appointed annually in January by the president of the city council, and one member shall be familiar with the housing needs and issues of the City of New Bedford. Of the four (4) members originally appointed by the mayor one shall be appointed for a term of one year, one shall be appointed for a term of two (2) years and two (2) shall be appointed for a term of three (3) years. Thereafter, as the terms of the original members expire, their successors shall be appointed for a term of three (3) years. In the event of a vacancy on the board, a successor may be appointed to serve the unexpired term of the member.
(2) The members of the board shall meet, organize, elect such officers as it may deem necessary and adopt, alter or amend such rules and regulations of organization or procedure consistent with the city ordinances and the Massachusetts General Laws. The board shall keep written records of its proceedings, which shall be open to public inspection. All meetings of the board shall be held in the Municipal Building at 133 Williams Street, New Bedford. The board shall also make an annual report to the mayor and city council and such other reports as the mayor and city council may, from time to time, request.
(3) The powers and duties of the board shall be as follows:
(i) It shall monitor all condominium conversion with the City of New Bedford to insure that all applicable regulations, ordinances and laws are enforced;
(ii) It shall verify low-income, handicap or elderly status of tenants affected by condominium conversion;
(iii) It shall issue condominium conversion permits to owners who comply with the provisions of this section;
(iv) It shall hear complaints alleging violations of this section on behalf of tenants or owners;
(v) It shall assist in public awareness programs through participation in public and media events;
(vi) It shall, from time to time, establish fees, with the approval of the mayor and city council, for the issuing of permits;
(vii) It shall acquire, analyze, use and maintain related statistics and data for planning, evaluation and to assist it in enforcing this section;
(viii) The municipal departments and other agencies and the board shall cooperate to further the objectives and purposes of this section;
(ix) It shall exercise such other powers and duties as, from time to time, may be granted by the mayor and city council;
(x) It shall not issue a permit to any owner who has taken any action within twelve (12) months prior to the application for the permit to circumvent the provisions of M.G.L.A. c. 527 or of this section, including: Unreasonable rent increases, reduction or elimination of services, termination of any tenancy without cause, or the imposition of new conditions of the tenancy.
(f) Severability. The provisions of the section are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.