Somerville Code of Ordinances ch. 7, art. IV § 7-64

(a) Notice of intent to convert.

(1)

Vacant units or owner-occupied units . If an owner has an intent to convert an unoccupied or owner-occupied housing accommodation to the condominium or cooperative form of ownership, the owner shall give two-years advance notice to the condominium review board ("review board") on a form provided by the review board. This two-year notice period shall begin from the date the review board grants a conditional/preliminary permit. This two-year waiting period requirement shall not apply under the following circumstances:

(A)

Where the unit had been previously occupied by the owner, or a non-rent paying tenant or occupant that has knowingly and voluntarily signed a waiver of their rights, for the 12 months immediately preceding the unit becoming vacant;

(B) Where the unit is presently occupied by the owner, or a non-rent paying tenant or occupant that has knowingly and voluntarily signed a waiver of their rights, and has been for at least the 12 months immediately preceding the intent to convert;

(C) Where the unit is deed-restricted for affordability in perpetuity; or

(D) Where the owner is selling the unit to a family member as provided for under section 7-64(d)(2).

(2) Occupied units. If an owner has an intent to convert an occupied housing accommodation to the condominium or cooperative form of ownership, such owner shall give to each tenant then residing in a unit in such housing accommodation and simultaneously give to the condominium review board a written notice translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person . This notice shall be deemed given on the date when proper notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable. The notice shall state the following in clear and conspicuous language:

(A)

that the owner intends to file (or has filed) a master deed at the Middlesex South District Registry of Deeds or Land Registration Office in Cambridge, thereby converting the housing accommodation to a condominium; or that the owner intends to file (or has filed) articles of organization with the secretary of the commonwealth , thereby converting the housing accommodation to a cooperative;

(B) that the tenant shall have one year from the date the notice is given before the tenant shall be required to vacate the housing accommodation, except:

(I)

that any tenant who qualifies as elderly, disabled, or low/moderate income shall have five years from the date the notice is given before such tenant shall be required to vacate the housing accommodation; or

(II) if the tenant’s written agreement extends pas when the notice period would elapse, the notice period shall be extended to coincide with the lease period;

(C) that, except as set forth in section 7-64(d)(2), the owner shall extend to the tenant within 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant, from the date of the notice, a right to purchase the tenant’s unit. The offer shall include terms and conditions which are substantially the same as or more favorable than those which the owner would, in good faith, extend or actually extends to prospective arm’s length purchasers of such unit during the applicable period following the expiration of said tenant’s right to purchase, as provided in section 7-64(d), provided that such terms and conditions represent fair market value for such unit in "as is" condition as described in section 7-64(d)(1);

(D) that, except as set forth in section 7-64(d)(2), the tenant shall have a period of 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant, from the date the tenant received the right to purchase offer to determine if they are willing and able to purchase their unit;

(E) that there is a permit review process involving (I) an initial hearing after service of this notice and (II) a final hearing for a conversion permit at the end of the notice period or upon vacancy of the tenant, in addition to hearings as necessary that may be initiated by the tenants, owner or review board. These hearings shall be before the review board and that the tenant and owner shall be notified of the date and time at least two weeks prior to the hearing date. The tenant and owner shall have a right to attend any such hearings and to present evidence as to whether the owner has or has not met the requirements of the Somerville Condominium/Cooperative Conversion Ordinance;

(F) that if the tenant does not purchase the tenant’s unit or another unit in the housing accommodation, the tenant has a right to relocation benefits as provided in section 7-64(e);

(G) that the owner is obliged to find comparable housing for elderly, disabled, and low or moderate income tenants as provided in section 7-64(f) unless the owner is exempt thereunder or the notice period will be extended for up to two additional years; and that no change may be made in the tenant’s rental agreement during the notice period, except that the owner may increase the rent at the expiration of the tenancy agreement by an amount not to exceed 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 of the proposed rent increase, or ten percent, whichever is less and the owner may collect real estate taxes due under a valid tax escalation clause, provided such tax escalation clause was included within the rental agreement existing as of the date of the notice of intent to convert;

(H) that the tenant is entitled to an extension of the tenant’s rental agreement to coincide with the period of notice, as provided in section 7-64(g) of this ordinance;

(I) that the tenant is entitled to freedom from unreasonable disruption and breach of quiet enjoyment as a result of rehabilitation, repairs or improvements made by the owner during the period of notice, as provided in section 7-64(h); and

(J) that the date the notice is deemed "given" is the date on which the notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable.

(3) The burden of proving that a tenant is elderly, disabled, or low or moderate income shall, if contested, rest with the tenant. The owner shall be entitled to provide the tenant with a written request to disclose whether the tenant claims to be elderly, disabled, or low or moderate income. In the event the tenant confirms in writing that they do not claim that they are elderly, disabled, or low or moderate income, then there shall be a rebuttable presumption that the tenant is not elderly, disabled, or low or moderate income, which presumption shall only be overcome by clear and convincing evidence to the contrary.

(A)

Any tenant may request that the Office of Housing Stability assist the tenant in establishing eligibility for extended protections on account of age, disability or status as a low or moderate income household .

(I)

The Office of Housing Stability and board staff shall create and update policies and procedures for processes when tenants are requesting assistance in establishing eligibility.

(II) The Office of Housing Stability shall provide to the City’s ADA Coordinator documentation related to the request for establishing eligibility. The ADA Coordinator shall consider said documentation and issue a written recommendation regarding eligibility to the board.

(III) The board shall make a determination upon consideration of the ADA Coordinator’s recommendation.

(B) The five-year notice period may be extended by mutual, written agreement between the qualifying tenant(s) and the landlord so long as the qualifying tenant(s) continue(s) to reside in the unit as their primary place of residence with voluntary approval of the landlord.

(I)

Once the qualifying tenant(s) no longer resides in their unit any remaining tenants in said unit shall have six months notice that the owner will be pursuing a final permit from the date the qualifying tenant(s) vacated.

(II) Owners shall apply for a final permit within 30 days of the qualifying tenant(s) no longer residing in the unit.

(4) An application to convert shall be submitted to the board within 30 days of tenants being notified as required by section 7-64(a)(2).

(b) Renting units during conversion.

(1)

If an owner intends to sell or offer for sale fewer than all of the units in a housing accommodation, within the applicable notice period or a reasonable time thereafter, the owner shall give to each tenant in a unit not for sale a notice which (A) informs such tenant of the date when the owner reasonably expects to offer the tenant’s unit for sale and (B) states that, on or about such date, the owner will give to the tenant the notice required by section 7-64(a)(2)(A)-(J) hereunder; and thereafter, at such time as the owner is ready to offer the unit for sale, the owner shall give the tenant then occupying such unit the notice required by section 7-64(a)(2)(A)-(J) hereunder. The notice required herein must be translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person.

(2) If a tenant who is entitled to receive the notice of intent to convert vacates such tenant’s unit either before the initial sale and transfer of title to the residential unit as a condominium unit has occurred, and/or after the owner has otherwise already obtained a conditional/preliminary conversion permit for a unit which has not expired pursuant to section 7-65 (c), then the owner shall give each prospective tenant of the unit written notice, prior to the inception of the tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this ordinance, except that they shall be entitled to the benefits of any remaining notice period for which the original tenant was entitled to, not to exceed one year. If such notice is not provided to the prospective tenant prior to the inception of the tenancy, the prospective tenant will then be afforded full tenant rights pursuant to section 7-64(a)(2) and the applicable notice period will restart in accordance with the status of the new tenant.

(3) If an owner seeks to rent a previously vacant unit after initiating an intent to convert but before a Final Permit is issued, then the owner shall give each prospective tenant of the unit written notice, prior to the inception of the tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this ordinance, except that they shall be entitled to the benefits of any remaining notice period for which the original tenant was entitled to, not to exceed one year. If such notice is not provided to the prospective tenant prior to the inception of the tenancy, the prospective tenant will then be afforded full tenant rights pursuant to section 7-64(a)(2) and the applicable notice period will restart in accordance with the status of the new tenant.

(c) Condominium/cooperation eviction. No owner shall seek or conduct a condominium or cooperative eviction against a tenant in occupancy of a housing accommodation at the time the notice of conversion was served or should have been served pursuant to section 7-64(a)(2) above until the expiration of the notice period required therein. Failure of the owner to comply with the provisions of this ordinance shall constitute a defense in a summary process action against such tenant(s).

(d) Tenant right to purchase.

(1)

Occupied units . An owner shall extend to a tenant who is entitled to receive notice of intent to convert an exclusive right to purchase such tenant’s unit, which right shall extend for a period of 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant beginning on the date the tenant receives a purchase and sale agreement from the owner containing the same or more favorable terms of sale than those the owner would, in good faith, offer, or actually does offer, to prospective arms’ length purchasers of such unit, provided that such terms and conditions represent fair market value for such unit in "as is" condition. A copy of such agreement shall be contemporaneously provided to the condominium review board. Once the owner sets these terms of sale, the owner may not sell the unit under more favorable terms for 90 days from the expiration of the tenant’s right to purchase. The tenant may exercise the right to purchase the tenant’s unit by executing such purchase and sale agreement within the applicable period, whereupon the owner shall promptly countersign the agreement. Where there is more than one unrelated adult tenant in a household, the right to purchase shall only apply if (A) all tenants opt to purchase the unit jointly or (B) if all tenants other than those opting to exercise their rights to purchase waive their right to purchase under this section.

If the tenant does not wish to exercise the tenant’s right to purchase and the tenant so notifies the owner, in writing, prior to the expiration of the applicable period, the applicable period shall be deemed to have expired as of the date the owner receives such notice as to the tenant. If the tenant wishes to exercise the tenant’s right to purchase, the tenant shall have priority over any other entity also wishing to purchase the unit pursuant to a right to purchase. Nothing herein shall be construed to provide any right to purchase, or obligation of any owner to sell, any unit for an amount which is less than the amount being offered, in good faith, to third parties, provided that such amount represents the fair market value of such unit in its condition as of the date of the notice set forth in section 7-64(1)(b) above. Fair market value shall include the cost of repairs required by law in the tenant’s unit in order to sell it as a condominium and a proportional amount of costs based on square footage for repairs required by law to be performed to the common areas in order to sell the unit as a condominium. Fair market value in "as is" condition does not contemplate pricing reflecting the cost of optional upgrades or any required upgrades or repairs that are triggered by optional upgrades.

(2) If an owner who holds title as a natural person has an intent to convert a housing accommodation to a condominium or cooperative form of ownership, and said owner is transferring property as part of a conversion to a relative within the fourth degree of kindred, there shall be no tenant right to purchase. Any notices required pursuant to section 7-64 need not comply with section 7-64(a)(2)(C).

(3) Where an owner, who bought a property in good faith, is bringing a non-permitted condo conversion that was required to be permitted into compliance with the condo conversion ordinance, there shall be no tenant right to purchase under this ordinance unless said owner owns more than two (2) units in the same housing accommodation. All other tenant rights, notification requirements and relocation fee requirements shall apply.

(e) Relocation payments. An owner shall pay to a tenant who is entitled to receive notice of the owner’s intent to convert, and who does not purchase the unit which such tenant occupies or another unit in the same housing accommodation and who relocates within the notice period or such longer period allowed for access to public or subsidized housing as set forth in this section below, a relocation payment which will be adjusted annually based on the consumer price index. The relocation amounts, as of this ordinance’s effective date, from which subsequent adjustments shall be made, is $18,000 for elderly, disabled, or low/moderate income tenants and $14,000 for all other tenants. Relocation payments are per unit, except is notice is not provided as outlined in section 7-64(b)(2). In that case an additional relocation payment shall be paid to those tenants. This dollar amount shall be adjusted annually in February of each year, by an amount equal to the 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 immediately preceding calendar year. Adjusted relocation amounts shall be publicly posted on the city's website. If a tenant vacates the premises pursuant to a notice under this ordinance without having paid all rent due, the owner may subtract any sums owed from the required payment of moving expenses. in the event an elderly, disabled, low or moderate income tenant is seeking public or subsidized housing and requires a judgment for possession to be issued in order to obtain emergency status or other preference/priority necessary to access such housing or housing subsidy program on an expedited basis, such tenant shall continue to be entitled to the relocation benefit whether or not the tenant has vacated by the end of the notice period, so long as the tenant vacates the unit within 90 days of any trial date set forth in a summary process complaint filed against the tenant, or such longer time period as agreed upon by the parties.

Relocation benefits shall be paid to the tenant within ten days after the date on which the tenant vacates the unit with the following exception: in recognition of the fact that many relocation costs must be paid in whole or in part before a tenant actually moves out, the owner shall, upon request of the tenant, make payments, up to the amount authorized by this section, directly to a moving company, realtor, storage facility, or successor landlord (upon receipt of a signed lease, tenancy at will agreement, or letter signed by the prospective landlord indicating that he/she has agreed to rent a particular unit to the tenant as of a date certain with a copy of proof of ownership), prior to the date on which they vacate the premises.

(f) Housing search assistance. Any owner shall assist elderly, disabled, and low or moderate income tenants who are entitled to notice of intent to convert by locating, within the five-year period of the notice to such tenants, comparable rental housing within the City of Somerville which rents, for at least the remainder of the notice period, for a sum which is equal to or less than the sum which any such tenant had been paying for the tenant’s unit. The failure of the owner of such residential property to find such comparable housing shall extend the period of notice required by section 7-64 (a)(2)(F) until the owner locates such comparable rental housing, or for two additional years, whichever occurs first.

Any owner who has both kept rent levels at or below Somerville Housing Authority Section 8 payment standards in place at the time the notice is served for a minimum of three consecutive years and has limited rent increases to no more than five percent annually for three consecutive years shall be exempt from (a) being required to locate comparable rental housing and (b) from providing an additional two-year notice period in the event that after five years, the elderly, disabled or low or moderate-income tenant has not yet located alternative housing.

(g) Extension of rental agreement. An owner shall give to a tenant who is entitled to notice of intent to convert an extension of such tenant’s rental agreement, whether it be a lease or a written or oral tenancy at will, until the expiration of the notice period or the applicable right to purchase period, whichever is later. Conversely, if the one-year or five-year notice period would expire before the expiration date of such tenant’s rental agreement, then the notice period shall be extended to coincide with the expiration date of such rental agreement.

The provisions of such rental agreement may not be modified by the owner except with respect to the amount of annual rent. The total increase in rent for any one year during the period of notice 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 of receipt of the notice of intent to convert, or ten percent, whichever is less; provided, however, nothing herein shall limit the right of an owner to any amounts which may be due under a valid tax escalation clause, provided such tax escalation clause was included within the rental agreement existing as of the date of the notice of intent to convert. The review board shall be notified of any rent increase on a form provided by the review board.

(h) Renovation to units during the notice period. Tenants are entitled to freedom from unreasonable disruption as a result of rehabilitation, repairs or improvements. The owner may only make repairs in a tenanted unit undergoing conversion that are required by the State Sanitary or Building Codes. Other unit renovations or improvements may only be undertaken with the express written consent of the tenant. In the event that the owner wishes to make optional upgrades to vacant units or common areas, the owner must comply with review board rules and policies regarding such repairs or renovations including, but not limited to, days and times repairs can be made, methods for notifying tenants in advance of the work schedule, rules regarding any interruption of services and clean up procedures.

(i) Tenant’s right to vacate. A tenant shall be permitted to vacate the unit upon 30 days’ notice without penalty regardless of the status of their rental agreement, during the notice period.

(j) The rights specified in section 7-64 hereunder shall vest with a tenant at the time that the owner intends to convert any unit in such property to the condominium or cooperative form of ownership.

(k) Rescinding of intent to convert . An owner may rescind their notice of intent to convert or application at any time prior to a final conversion permit being granted. No fees will be refunded for rescinded applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period.

(1)

Owners must submit a request to rescind on a form provided by the review board.

(l) Rejection of intent to convert . Review board staff and the review board may reject a notice of intent to convert or application for failure to comply with terms set forth under this ordinance. No fees will be refunded for dismissed applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period.

(m) Denial of application to convert . The review board may refuse to issue a conditional/preliminary or final conversion permit as set forth under section 7-65 (b)(5) below. No fees will be refunded for denied applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period.

(1)

If an application to convert is denied, a new application may not be submitted until six months after the date of denial.

(n) Revoking of permit . The review board may revoke a conditional/preliminary or final conversion permit as set forth under section 7-65 (b)(5) below. No fees will be refunded for revoked applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period.

(1)

If a conditional/preliminary or final permit is revoked, a new application may not be submitted until six months after the date of revocation.

( Ord. No. 2019-06 , 3-28-2019; Ord. No. 2023-17 , 7-13-2023; Ord. No. 2025-18 , 8-28-2025 )