Cal. Civ. Code § 2

Notice requirements for termination of affordability restriction

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsRelocation Assistance & Buyouts

Operative Text

Cal. Civ. Code § 2
Section 2. (a) Except with respect to property subject to an affordability restriction which has less than 2 years remaining and, for which subsection (e) shall apply, the owner shall provide written notice to: (i) all tenants and the tenant organization, if any; (ii) the chief executive officer of the affected municipality; (iii) CEDAC; and (iv) the department, not less than 2 years before the termination of the affordability restriction affecting publicly-assisted housing. Nothing herein shall prohibit the owner from taking actions to terminate an affordability restriction during any notice period provided herein; provided, however, that the owner shall comply with all of the notice terms and restrictions pursuant to subsections (b) and (c).

The written notice shall provide: (1) the address of the publicly-assisted housing; (2) the name and address of the owner; (3) notification that an affordability restriction may terminate; (4) the date on which each affordability restriction may terminate; and (5) such other information as required by the department. Where more than 1 termination may occur, the owner may send 1 written notice so long as the terminations are scheduled to occur within 1 year of each other, the notice is given at least 2 years prior to the earliest termination and the notice otherwise complies with this subsection. Thereafter, the owner shall again be subject to the notice provision of subsection (c) of section 2.

(b) An owner shall not complete a termination or allow a termination to occur unless, not less than 1 year before the completion of the last termination event affecting the housing, the owner provides the entities identified in subsection (a) with written notice of intent to complete termination. The notice shall state: (1) the address of the publicly-assisted housing; (2) the name and address of the owner; (3) the date on which the owner intends to complete termination; (4) unless section 6 applies, a statement that the department has the right of offer pursuant to section 3 to the extent the owner wishes to pursue a potential sale of the property; and (5) such other information as required by the department.

(c) Except as provided in section 6, an owner shall not sell publicly-assisted housing before offering the department the opportunity to purchase the property pursuant to sections 3 and 4. The owner shall notify, in writing, the parties identified in subsection (a) of the owner's intention to sell the property.

(d) Any notice required by this chapter shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required; except that with respect to tenants, notice shall be deemed to have been provided when either: (1) the notice is delivered in hand to the tenant or an adult member of the tenant's household; or (2) the notice is sent by first class mail and a copy is left in or under the door of the tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer.

(e) Notwithstanding subsection (a) of section 2, an owner of publicly-assisted housing who, on the effective date of this chapter, has less than 2 years remaining prior to the date when the affordability restriction will cease to apply to such property, shall not be required to give the 2–year notice required by said subsection (a), but shall provide such notice within 90 days after the effective date of this chapter. Notwithstanding subsection (b), an owner who, on the effective date of this chapter has less than 1 year remaining prior to a termination shall not be required to give the 1–year notice required by subsection (b), but shall provide such notice within 90 days after the effective date of this chapter.

(f) The notice requirements of this section shall not be affected by the status of an offer, purchase contract or sale under section 3 or section 4.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 40T § 2 establishes a layered written-notice framework that applies when the affordability restriction on publicly-assisted housing is approaching termination. At least two years before a restriction ends, the owner must notify tenants, any tenant organization, the local chief executive officer, CEDAC, and the state department, with the notice containing specific details about the property, the owner, and the expected termination date. A second, more formal notice of intent to complete termination must follow no later than one year before the final termination event, and—unless a statutory exception applies—the owner may not sell the property without first offering the department an opportunity to purchase it under the procedures set out in sections 3 and 4.

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

Plain English — not legal advice.

For Property Managers

Operators of publicly-assisted housing subject to Mass. Gen. Laws c. 40T § 2 generally maintain compliance by tracking restriction expiration dates well in advance and dispatching the two-year written notice to all required parties—tenants, any tenant organization, the municipal chief executive, CEDAC, and the department—with every content element the statute enumerates. A compliant operator then issues the separate one-year notice of intent to complete termination before the last termination event occurs, and, absent a section 6 exemption, refrains from completing any sale without first extending the department's right of offer under sections 3 and 4. Operators also pay close attention to the delivery rules in subsection (d), which specify certified or registered mail for most parties but allow first-class mail plus door-drop delivery for individual tenants.

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

For Tenants

Under Mass. Gen. Laws c. 40T § 2, tenants in publicly-assisted housing are entitled to receive written notice at least two years before an affordability restriction may terminate, and again at least one year before the owner intends to complete that termination. If a tenant believes proper notice was not delivered in the manner described in subsection (d)—in hand to the tenant or an adult household member, or by first-class mail with a copy left at the door—that procedural gap may be relevant to any complaint or proceeding under the chapter. Tenants who have questions about whether these notice rights have been honored can reach out to a local tenant-rights organization, contact CEDAC or the relevant state department directly, or explore whether a violation of § 2's requirements can be raised in any applicable administrative or judicial forum.

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

Current
Sep 13, 2026
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Related Rules

§ 10
Applicability
§ 10-2.11
Removal of Housing Accommodations Regulated
§ 10-2.12
Permits for Removal/Conservations of Housing Accommodations in Lodging Houses and Rooming Houses

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