Cal. Civ. Code § 6
Exemptions; requests
Operative Text
Section 6. (a) Sections 3 and 4 shall not apply to the following: (i) a government taking by eminent domain or a negotiated purchase in lieu of eminent domain; (ii) a forced sale pursuant to a foreclosure; (iii) a deed-in-lieu-of foreclosure; (iv) a proposed sale to a purchaser pursuant to terms and conditions that preserve affordability, as determined by the department; (v) a proposed sale of publicly-assisted housing that the department has determined, as of the effective date of this act, was neither receiving government assistance nor was subject to regulation by any of the programs listed in the definition of publicly-assisted housing other than project-based section 8 and the buyer has agreed, in a regulatory agreement, to renew in whole, all project-based section 8 assistance contracts, or any successor program thereto; provided, however, that at the time of such renewal, such assistance is available to the owner on economic terms and conditions that are comparable to the existing project-based rental assistance contract; (vi) a proposed sale of publicly-assisted housing to an affiliate of the owner that is not a termination as determined by the department; (vii) a proposed sale of publicly-assisted housing which has more than 15 years from the date of the sale until the date of the publicly-assisted housing's first scheduled termination; or (viii) a bona fide proposed sale pursuant to a purchase contract on the effective date of this chapter. (b) An owner seeking an exemption under clause (iv), (v) or (vi) of subsection (a) shall include the name and address of any tenant organization in the request and shall provide a copy of its request to the chief executive officer of the affected municipality, CEDAC, the local legal services organization as designated by the department and the tenant organization, if any, at the time it files its exemption request with the department. The department shall provide a copy of its written determination under said clause (iv), (v) or (vi) of said subsection (a) to the owner, CEDAC, the local legal services organization and the tenant organization.
Mass. Gen. Laws c. 40T § 6 carves out specific categories of publicly-assisted housing transactions from the notice and opportunity-to-purchase requirements otherwise imposed by the chapter. These exemptions cover situations such as eminent domain takings, foreclosure-related transfers, sales that maintain affordability, sales to affiliates that do not constitute a termination, and properties with more than 15 years remaining before their first scheduled termination. When an owner seeks certain department-reviewed exemptions, the law requires that tenants, local officials, CEDAC, and designated legal services organizations all receive copies of the exemption request and the department's written determination.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 40T § 6, owners pursuing an exemption under clauses (iv), (v), or (vi) of subsection (a) must include the name and address of any tenant organization in their exemption request and simultaneously deliver copies to the chief executive officer of the affected municipality, CEDAC, the designated local legal services organization, and the tenant organization. Compliant operators file these materials with the department at the same time the exemption request is submitted, not afterward. Owners generally document each distribution step to demonstrate that all required parties received timely notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 40T § 6 gives tenants and their organizations a formal role in certain exemption proceedings: if an owner applies for an exemption under clauses (iv), (v), or (vi), the tenant organization is entitled to receive a copy of both the exemption request and the department's written determination. Tenants who believe they were not properly notified of an exemption request may raise that procedural gap with the department, CEDAC, or the local legal services organization designated under this provision. Tenant-rights organizations and local legal services offices can help residents understand whether a proposed sale qualifies for an exemption and what avenues exist to participate in or respond to the department's review.
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.
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