Salem Code of Ordinances ch. 51, art. I § 51-4

(a) The housing stability coordinator (HSC) is authorized to issue regulations, guidance, or forms that must be used to obtain two permits associated with a condominium conversion, a conditional conversion permit (CCP) and a final conversion permit (FCP).
(b) The HSC or their designee shall review all CCP and FCP applications in accordance with this ordinance.
(c) Appeals . Any appeal of a decision of the HSC pursuant to this ordinance shall be appealed to the city's municipal hearing officer (MHO) or, in the event of a conflict of interest, the mayor or their designee.
(d) Application process . A CCP must be submitted to the HSC for approval, granted, and remain in good standing before receiving a FCP. Applicants shall first apply for a CCP and then once the condominium conversion requirements are satisfied, as outlined in section 51-5 , apply for a FCP.
(e) CCP application materials .
(1) Property owner's name, address, and contact information.
(2) Copy of notice of intent.
a. Any owner who has an intent to convert a housing accommodation shall provide notice of intent to convert to the HSC and the tenant as required in section 51-5 (a). In addition, the owner shall, within one month of service of said notice, submit to the HSC a fully completed application for a conditional conversion permit and all required documentation.
b. If an application is not submitted within the one-month timeframe a new notice of intent shall be issued.
(3) Notice of intent distribution method.
(4) Complete list of names and contact information of:
a. Current tenants;
b. Former tenants who vacated during the previous 12 months, if known, or reasonably discoverable in the exercise of due diligence;
c. Any tenant who was evicted during the previous 12 months along with a copy of the notice to quit and summons and complaint; and
d. Any tenants who received a notice to quit or a notice of rent increase during the previous 12 months, with a copy of the notice to quit and/or the notice of rent increase.
(5) Application fee . A non-refundable application fee of $600.00 per unit shall be paid to the City of Salem at the time of application. The fee shall be non-refundable unless the application is withdrawn before the HSC takes action to process the application.
(f) CCP review procedure .
(1) Upon submission of a completed application for a conditional conversion permit, it shall be reviewed by the HSC who shall render a determination regarding whether the actions taken by the owner thus far comply with this chapter.
(2) If the HSC finds that the owner has complied with its obligations under this chapter, a CCP shall be issued. Such CCP shall indicate if the unit is tenanted, the expiration date of any applicable notice period, all requirements under section 51-5 the owner is subject to, such as, right to purchase period and relocation costs.
(3) An owner may not seek a final conversion permit ("FCP") until the tenant has vacated the unit or all requirements of this ordinance have been satisfied, whichever comes first and until the owner receives addresses for converted units from the city's assessor.
(4) If at any point a tenant or an owner believes the other has not complied with their obligations under this chapter they may request a hearing before the MHO. The HSC shall notify the MHO of all hearing requests.
(g) In the event that the tenant has relinquished their right to purchase the unit pursuant to section 51-5 (c), an owner who has received a conditional conversion permit may sell the unit to any other purchaser prior to issuance of a final conversion permit only under the condition that the new owner takes the unit subject to the tenant's rights under this chapter including, but not limited to, the right to remain in their unit for the remainder of any notice period, payment of relocation expenses and the duty to find comparable housing as may be required by section 51-6 (8). In order to effectuate such a sale, the owner must provide to the HSC and the tenant a sworn document signed by the then current and future owners stating that the purchaser stands in the shoes of the prior owner and that they must fully comply with all obligations of the owner under this chapter.
When a purchaser takes ownership following the issuance of a FCP and the tenant is not then displaced, if within one year the new owner wishes to displace the tenant who occupied the unit at the time of the conversion, including members of the original tenant's family if the original tenant has passed away, a new notice of condominium conversion eviction must be given with the various rights set forth therein except the right of purchase. If the purchaser plans to sell the unit, a new offer to the tenant of the opportunity to purchase must be made, and if there is no purchase by the tenant, the second purchaser shall follow the requirements of this ordinance. A seller of a permitted condominium who does not displace tenants must include within the deed of sale the requirements set forth herein.
(h) FCP application procedures .
(1) An owner of a unit that was occupied at the time the notice of intent was provided to the HSC may request a final conversion permit on a form provided by the city when:
a. Requirements of this ordinance have been satisfied; or
b. The tenant vacates the premises; or
c. The tenant purchases the unit.
(2) An owner of a unit that was vacant at the time the notice of intent to convert was provided to the HSC may request a final conversion permit on a form provided by the city at the end of any required waiting period.
(i) FCP application materials .
(1) Copy of the conditional conversion permit with updated property owner and tenant information, if applicable.
(2) Proof notice period has ended.
(3) Proof right to purchase was extended with outcome.
(4) Proof any applicable relocation payments were made.
(5) Proof of address approved by city assessor, who shall inspect the unit(s) after the conversion.
(j) FCP review procedure .
(1) The HSC shall grant a final conversion permit where all documents required have been submitted. Notwithstanding the above, the HSC may deny a final conversion permit where documentation is incomplete in any material respect. They may also impose reasonable conditions on the granting of a permit.
(2) The HSC may deny a final conversion permit where they have made a determination that any document or statement is false in any material respect. In addition, the HSC, in their discretion, may deny a final conversion permit if they find that the owner has taken any action to circumvent the state or local condominium law, including, but not limited to, unreasonable rent increases, reduction or elimination of services, termination of tenancy without cause, or the imposition of new conditions on the tenancy.
(3) The HSC may revoke a final conversion permit previously granted where they make a determination that any document or statement was false in any material respect at the time of their decision to grant the final conversion permit. The HSC shall have the authority to require the submission of additional documentation, including without limitation, purchase and sale agreements, deeds, agreements with real estate brokers, and/or cancelled checks, if in their reasonable judgment, such documentation is necessary to ensure the fairness of their deliberations.
(4) Unless the owner has cause, nonpayment of rent or other violation of a rental agreement, an owner may not engage in a condominium conversion eviction of a tenant or sell a unit for immediate occupancy by the purchasing owner prior to the granting of a final conversion permit by the HSC.
(5) A decision shall be rendered by the HSC within 60 days of receipt of all required materials.
(k) Final conversion permit expiration . A conversion permit shall lapse and the owner shall reapply for a new permit in the case of either of the following:
(1) The owner fails to file a master deed within one year after the date on which the conversion permit has been granted; or
(2) The unit for which a conversion permit has been granted is not been sold to a bona fide purchaser or leased by proprietary lease to a bona fide lessee within two years after the date of the granting of said permit.
The time period set forth herein may be extended by the HSC if the owner cannot sell the unit until tenant vacates, tenant was entitled to an extended notice period and/or was still occupying the unit beyond the notice period.
(l) Appeal procedure .
(1) To file an appeal:
a. The aggrieved party must submit, in writing, a request with reason to appeal to the HSC and MHO.
b. The HSC shall schedule a hearing before the MHO and provide a notice in writing to the owner and tenants (as provided in the CCP or FCP application) of the date, time, location, and reason for the hearing at least two weeks prior to the hearing.
(2) The MHO shall hear testimony from all parties, written or verbal.
(3) The MHO may request additional information.
(4) The MHO may, in its discretion, continue a hearing. A decision shall be rendered by the MHO within 60 days of the close of the hearing.