Salem Code of Ordinances ch. 51, art. I § 51-2

Definitions

In Force
Verified 9/13/2026 · Next check 12/12/2026
SalemCondo Conversion

Operative Text

Salem Code of Ordinances ch. 51, art. I § 51-2
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Conditional conversion permit means the permit referred to in section 51-4 herein.
Condominium or cooperative conversion eviction means 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.
Condominium unit means a unit in a housing condominium as that term is defined in M.G.L.A. c. 183A.
Cooperative unit means a unit in a housing cooperative as set forth in M.G.L.A. Chapter 157.
Final conversion permit means the permit referred to in section 51-4 herein.
Housing accommodation means any building, structure, or part thereof or land appurtenant thereto, or any other real property containing two or more units that have been used in part or whole as rental housing in the 12 months prior to the date of notice of intent to convert into condominium or cooperative ownership together with all services connected with the use or occupancy of such property, but not including units specifically exempt as set forth in Chapter 527 of the Acts of 1983 or any amendment thereto.
Housing stability coordinator means an employee of the city designated by the mayor to undertake the administrative tasks set forth in this ordinance.
Intent to convert means the intent to make the initial sale and transfer of title to a residential unit in a housing accommodation as one or more condominium or cooperative units pursuant to an individual unit deed or deeds or, in the case of a cooperative, a proprietary lease or leases. Factors that indicate such an intent to convert which shall be considered in determining whether a landlord has the intent to convert are: (1)
A master deed or articles of organization for the housing accommodation has been prepared or recorded;
(2) The landlord of the housing accommodation dwelling has prepared or is in the process of preparing a purchase and sale agreement for the sale of any unit as a condominium or cooperative unit;
(3) The landlord has advertised for sale any unit in the housing accommodation as a condominium or cooperative unit;
(4) The landlord has shown to any prospective purchaser a unit in the housing accommodation for the sale of such unit as a condominium or cooperative unit;
(5) The landlord has made any communication, written or oral, to any person residing in the housing accommodation expressly indicating an intent to sell any unit as a condominium or cooperative unit;
(6) The landlord has had any unit in the housing accommodation measured or inspected to facilitate the sale of the unit as a condominium or cooperative unit;
(7) The landlord has had the land surveyed, an engineering study performed or architectural plans prepared for the purpose of converting such housing accommodation into one or more condominium or cooperative units;
(8) Retaining a real estate agent for the sale of the converted unit; or
(9) Retaining an attorney for the purpose of pursuing a conversion
Low or moderate income tenant means a tenant/household is a person or group of persons residing in the same unit of a housing accommodation whose total income for the 12 months immediately preceding the date the notice provided for hereunder is given or should have been given is at or below 80 percent of Boston Area Median Income, adjusted for household size, as published annually by the U.S. Department of Housing and Urban Development.
Notice of intent means written notice in clear and conspicuous language of intent to convert the building to the condominium or cooperative form of ownership in compliance with the requirements set forth in section 51-5 (a).
Older adult tenant means a tenant who is a person or group of persons residing in the same housing accommodation any of whom has reached the age of 60 years or over as of the date of receipt of the notice provided for hereunder.
Tenant means a person or group of persons collectively entitled to occupy a housing accommodation pursuant to a rental agreement written or implied.
Tenant subsidy means any payment made by the federal, state, or local government for or on behalf of any tenant to be applied toward the reduction of the tenant's rental payment.
Tenant with a disability means a tenant who is a person or group of persons residing in the same unit of a housing accommodation any one of whom has a physical or intellectual disability, as of the date the notice provided for hereunder is given or should have been given, which: (1)
Substantially limits such person's ability to care for themselves, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or
(2) Significantly limits the housing appropriate for such person or significantly limits such person's ability to seek new housing; or
(3) Meet the disability related provisions contained within the definition of "handicapped persons of low income" in G.L. c.121B § 1.
Source: Legislative text reproduced verbatim
Plain English

Salem Code of Ordinances ch. 51, art. I § 51-2 establishes the vocabulary that governs Salem's condominium and cooperative conversion rules. It defines key terms—such as "housing accommodation," "intent to convert," "condominium or cooperative conversion eviction," and protected tenant categories like older adult tenants, tenants with disabilities, and low or moderate income tenants—that determine how the rest of the article applies. Notably, evictions for nonpayment of rent or lease violations are explicitly excluded from the definition of a conversion eviction. These definitions shape which properties, landlords, and tenants fall under the ordinance's protections and requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers considering a condominium or cooperative conversion in Salem should familiarize themselves with the defined terms in Salem Code of Ordinances ch. 51, art. I § 51-2, because those definitions determine whether a property qualifies as a "housing accommodation" and whether specific tenants hold protected status. Operators generally document whether any of the nine listed "intent to convert" factors apply early in the planning process, since those factors can trigger the ordinance's requirements. Understanding which tenants qualify as older adults, tenants with disabilities, or low or moderate income tenants under § 51-2 informs compliance obligations throughout the conversion process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in rental housing that a landlord may be converting to condominiums or cooperatives in Salem should be aware that Salem Code of Ordinances ch. 51, art. I § 51-2 defines who qualifies for heightened protections, including older adult tenants (age 60 or over), tenants with disabilities, and low or moderate income households at or below 80 percent of Boston Area Median Income. Understanding whether you meet one of these definitions can be relevant to the rights available to you under the broader ordinance. Tenants who believe a conversion is underway may consult a tenant-rights organization or the city's housing stability coordinator for general information about how these definitions apply.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 10-2.1
Definitions
§ 10-2.10
Condominium and Cooperative Conversion
§ 10-2.13A
Notice and Reasonable Opportunity to Purchase Units at the Time of Initial Conversion to Condominiums or Cooperatives

Source Information