Somerville Code of Ordinances ch. 7, art. IV § 7-63

As used in this ordinance, the following words shall, unless the context clearly requires otherwise, have the following meanings:

Condominium or cooperative conversion eviction , shall mean

(a) 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 a condominium or cooperative unit in such housing accommodation to a prospective purchaser, or

(b) an eviction of a tenant by any other person who has purchased a condominium or cooperative unit in a housing accommodation 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 or should have been given to convert the building or buildings to the condominium or cooperative form of ownership pursuant to section 7-64 . However, the eviction of a tenant for non-payment of rent or other substantial violation of a rental agreement shall in no event be deemed a condominium or cooperative conversion eviction, as long as the landlord would have taken the same action at the same time whether or not the owner was converting the building to condominiums.

If an owner intends to transfer property to a prospective purchaser where the owner knows or should have known that the prospective purchaser intends to convert the property to a condominium or cooperative unit, and such owner seeks to evict the tenant in anticipation of conversion, such eviction shall be deemed to be a condominium or cooperative conversion eviction for the purposes of this section.

For purposes of this definition, the "initial sale and transfer of legal title" shall mean the first bona fide sale or proprietary lease for fair market value; and "eviction" shall include, without limitation, any action by an owner of a housing accommodation which causes substantial deprivation of a tenant’s beneficial use of such housing accommodation, materially impairs such tenant’s beneficial enjoyment of such housing accommodation, or is intended to compel such tenant to vacate or to be constructively evicted from such housing accommodation. An eviction shall be presumed to be a condominium or cooperative conversion eviction if the owner has the intent to convert, as defined herein.

Condominium review board , the City of Somerville board established pursuant to section 7-67 herein.

Condominium unit , a unit in a housing condominium as that term is defined in G. L. c. 183A.

Convert , the initial offer, in any manner, for sale and transfer of title to any residential unit as one or more condominium units pursuant to an individual unit deed or deeds or, in the case of a cooperative, an individual proprietary lease or leases.

Cooperative unit , a unit in a housing cooperative as set forth in G. L. c. 157.

Disabled tenant , 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 mental impairment, as of the date the notice provided for hereunder is given or should have been given, which (a) substantially limits such person’s ability to care for him or herself, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or (b) significantly limits the housing appropriate for such person or significantly limits such person’s ability to seek new housing; or (c) meet the disability related provisions contained within the definition of "handicapped persons of low income" in G.L. c. 121B § 1.

Elderly tenant , a tenant who is a person or group of persons residing in the same unit of a housing accommodation any one of whom has reached the age of 65 years or over as of the date the notice provided for hereunder is given or should have been given.

Household , all tenants who occupy a unit in a housing accommodation, including a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share such unit.

Editor's note(s) -"household" definition adapted from Community Development Block Grant regulations at 24 CFR 570.3.

Housing accommodation, any building or buildings, structure or structures, or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes, or any additional residential units created out of existing residential space, together with all services connected with the use or occupancy of such property, including two or more adjacent, adjoining, or contiguous buildings under common legal or beneficial ownership which are used in whole or in part for residential purposes, 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) housing accommodations in hotels, motels, inns, tourist homes, and rooming and boarding houses which are occupied by transient guests staying for a period of fewer than 14 consecutive days; and

(d) single family dwellings; except where additional units will be added to the same or adjacent property, whether the project adding such units is phased or not, and the existing single-family dwelling will be one or more or part thereof multiple condominium units governed by the same condominium association.

Intent to convert , 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 which shall be considered in determining whether an owner has the intent to convert are:

(a) a master deed or articles of organization for the housing accommodation has been prepared or recorded;

(b) the owner 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;

(c) the owner has advertised for sale any unit in the housing accommodation as a condominium or cooperative unit;

(d) the owner has shown to any prospective purchaser a unit in the housing accommodation for the sale of such unit as a condominium or cooperative unit;

(e) the owner 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;

(f) the owner has had any unit in the housing accommodation measured or inspected to facilitate the sale of the units as a condominium or cooperative unit;

(g) the owner 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;

(h) demolition of the housing accommodation and construction of condominium units;

(i) retaining a real estate agent for the sale of the converted unit; and

(j) retaining an attorney for the purpose of pursuing a conversion.

Low/moderate income tenant household , 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% of Boston Area Median Income, adjusted for household size, as published annually by the U.S. Department of Housing and Urban Development.

Notice , the notice of intent to convert required in section 7-64 (a) of this ordinance.

Non-rent paying tenant or occupant , a person living in a unit who has never been charged for nor paid rent as defined below.

Owner , a person who holds title in any manner to a building or housing accommodation, including without limitation, a corporation, partnership or trust, and an employee, agent, servant, or other representative of such owner.

Owner-occupied unit , a unit occupied as the principal place of residence by a person who has a present ownership interest in the property. No corporation, irrevocable trust, partnership, limited partnership, or association may be considered an owner-occupant.

Rent , all periodic payments, and all nonmonetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement, written or oral, concerning the use or occupancy of a rental unit, premises, or amenities.

Tenant , a person or group of persons who are collectively entitled to occupy a unit in a housing accommodation pursuant to a rental agreement written or implied, and who occupy such unit on the date that the notice required hereunder is given or should have been given.

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.

Unit or residential unit , the room or group of rooms within a housing accommodation which is used or intended for use as a residence by one household.

(Ord. No. 1985-9, § 4, 8-22-85; Ord. No. 2019-06 , 3-28-2019; Ord. No. 2020-12 , 5-14-2020; Ord. No. 2023-17 , 7-13-2023 )

Cross reference(s) - Definitions and rules of construction, § 1-4 .