[HISTORY: Adopted by the City Council of
the City of Fitchburg 5-4-1982 by Ord. No. 91-82. Amendments noted
where applicable.]
When used in this chapter, the following terms
shall have the meanings indicated:
Any landlord, person, entity, trust, partnership or corporation who files an application pursuant to § 79-4 of this chapter.
The City Clerk of the City of Fitchburg.
A condominium as defined in Chapter 183A of the General Laws.
To offer for sale any rental housing unit existing at any time on or after the effective date of passage as a condominium, or the offer for sale of shares in a cooperative authorizing the owner thereof to occupy a rental housing unit existing at any time on or after the effective date of passage, except for the offer for sale under the exemptions from application for permit stated in § 79-2 or an offer for sale under § 79-4A(2).
A cooperative as defined in MGL c. 157, § 3A.
[1]The City Council for the City of Fitchburg.
Includes but is not limited to bringing an action to evict a tenant of a rental housing unit without cause; failing to make repairs or supply services which render a rental housing unit not habitable; or making any changes, structural or otherwise, which render a rental housing unit not habitable. Absent evidence to the contrary, it shall be presumed that any eviction of a tenant from a rental housing unit during any of the tenancy periods covered by §§ 79-2 and 79-6, except for nonpayment of rent, is without cause.
The standards for hardship shall be determined by the Council pursuant to its power to issue regulations under § 79-3 of this chapter.
Any person or entity who holds title to rental housing units
or is entitled to receive rents, including without limitation any
individual, corporation, trust or partnership.
Any rental housing agreement, written, oral or implied, between
a landlord and tenant for use or occupancy of a rental housing unit.
Any unit or part of a building or structure, including land
appurtenant thereto, or any other real property, rented or offered
for rent for living or dwelling purposes; excluding rooming and boarding
houses, rental housing units in a building containing eight or fewer
dwelling units, a rental housing unit as to which it can be shown
with respect to its initial sale after the recording of a master deed
that purchase and sale agreement has been entered into prior to the
effective date of passage, a canceled deposit check being conclusive
proof of the transaction or a unit deed recorded in the Worcester
County Registry of Deeds prior to the effective date of passage, and
a rental housing unit in a cooperative for which a purchase and sale
agreement for stock has been entered into prior to the effective date
of passage, a canceled deposit check being conclusive proof of the
transaction or a transfer of shares of stock and proprietary lease
having been executed.
Any person entitled to the possession, use or occupancy of
any rental housing unit, including a subtenant, lessee or sublessee.
[1]
Editor's Note: Repealed by St. 1983, c. 574,
§ 14. See MGL c. 157B, § 1 et seq.
A.
No landlord, other person or other entity shall convert
any rental housing unit without receiving a permit from the Council,
provided that no permit shall be required in the following situations:
(1)
The subject rental housing unit(s) is/are unoccupied;
provided that if 25% or more of the rental housing units in the building
are occupied at the time the master deed was recorded or the cooperative
incorporated, a permit shall be required for all the rental housing
units of the building.
(2)
The tenant of the subject rental housing unit states
in writing that he or she desires to purchase said unit.
[Amended 6-3-2014 by Ord.
No. 100-2014]
(3)
The offer for sale is made to a third party, provided that the tenant of said rental housing unit shall have the right of first refusal to purchase said rental housing unit, which must be exercised within 90 days of said offer to the tenant. Notwithstanding anything to the contrary, any person who is a tenant at any time between the date of recording of a master deed or incorporation of a cooperative and the date of sale of said rental housing unit shall have all the rights and protections provided under this chapter and regulations issued by the Council pursuant to § 79-3. In the event that a third party purchases said rental housing unit under this exemption, such party, his or her agents, successors or assigns must comply with the other provisions of this chapter, with the exception of § 79-4A(2) and (4), before obtaining occupancy of said rental housing unit.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
Notwithstanding anything to the contrary provided above, no landlord, other person or other entity shall bring an action to evict a tenant from a rental housing unit at any time between the date of recording of the master deed or incorporation of a cooperative and the end of the protection period elected by the tenant pursuant to § 79-6 unless there has been a material breach of the tenancy.
C.
Notwithstanding anything to the contrary stated above,
no landlord, other person or other entity shall convert a rental housing
unit pursuant to this section unless he or she has obtained a certification
by an independent licensed engineer or architect that the building
in which is any rental housing unit to be converted meets all applicable
Building and Health Codes of the City of Fitchburg and the Commonwealth
of Massachusetts.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
No rental housing unit once legally occupied as a
condominium or cooperative unit pursuant to this chapter shall ever
again be subject to the chapter for any reason.
The Council shall issue regulations prescribing
the form of applications and such other forms as it deems necessary
to effectuate the purposes of this chapter; standards for the determination
of hardship; standards for an adequate tenant relocation plan; procedures
necessary to implement this chapter; and may establish a fee for such
permits. In promulgating regulations on hardship, the Council shall
consider factors, including but not limited to the following: age,
income, health and handicap of the tenant and any members of the household.
An application for a permit or hardship status
determination shall be submitted to the Clerk.
A.
Each application for a permit shall contain at a minimum
the following:
(1)
A written certification under oath that the applicant
has sent by certified mail, return receipt requested, a written notice
of intent to convert and a copy of this chapter and regulations issued
pursuant thereto to each tenant of a rental housing unit in a building
which contains a rental housing unit covered by an application, not
more than 60 days and no less than 30 days prior to the date the application
is submitted to the Clerk.
(2)
Written certification that the applicant has offered
for sale to each tenant whose rental housing unit is included in the
application the unit covered by his or her lease on the date the application
is submitted to the Clerk. The unit covered thereby shall continue
to be offered to said tenant for 90 days after the permit is issued
at a price stated in the application.
[Amended 6-3-2014 by Ord.
No. 100-2014]
(3)
An adequate tenant relocation plan describing the
manner in which the applicant will assist tenants to locate comparable
rental housing.
(4)
A written certification by an independent licensed
engineer or architect that the building which contains any rental
housing unit to be converted meets all applicable Building and Health
Codes of the City of Fitchburg and the Commonwealth of Massachusetts.
B.
A tenant who believes that he or she is a hardship
case may file with the Clerk an application for hardship status. Any
such application must be filed within 30 days of receipt of the notice
to convert.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
If the Council determines that each requirement of § 79-4 has been met, the Clerk shall issue a permit to the applicant within 14 days of the date of the Council's final decision. A copy of the permit shall be mailed by the Clerk to the tenant of the rental housing unit for which the permit has been granted. If the Council determines that any requirement of § 79-4 has not been met, the Council shall deny the application and the Clerk shall notify the applicant in writing within 14 days of the denial and the reason or reasons for the denial. Upon receipt of a permit, an applicant may convert the rental housing unit in accordance with this chapter and regulations issued pursuant thereto. Failure of the Council to take final actions within 90 days following the public hearing shall be deemed to be a grant of the permit applied for, and the applicant shall be entitled to whatever documents are necessary to evidence such permit. Notwithstanding anything contrary to the above, the applicant may waive the ninety-day time limit.
A.
After a permit to convert has been issued under § 79-5, no person or entity, including any applicant, his or her agents, employees, successors or assigns, shall:
[Amended 6-3-2014 by Ord.
No. 100-2014]
(1)
Bring an action to recover possession against a tenant
of a rental housing unit for which a permit has been issued for a
period of two years from the date of the issuance of said permit,
unless there has been a material breach of the terms of the tenancy;
except that in the case of a tenant for whom a hardship has been found
to exist, no action to recover possession of a rental housing unit
shall be brought for a period of five years from the date of the issuance
of said permit, unless there has been a material breach of the terms
of the tenancy.
(2)
Increase the rent for any tenant during the applicable
tenancy period described in Subsection A(l) above to an unconscionable
level, except as specified in an existing lease.
(3)
Commit acts of harassment in order to effectuate in
any way the vacancy of a rental housing unit.
B.
Subsection A(1)(a)[1] and [2], (2) and (3) shall also apply to any rental housing unit which has been converted prior to the effective date of passage but for which a purchase and sale agreement has not been entered into prior to the effective date of passage, a canceled deposit check being conclusive proof of the transaction or a unit deed recorded in the Worcester County Registry of Deeds prior to the effective date of passage, unless otherwise exempted under § 79-2A(1) and (2) of this chapter.
In the City of Fitchburg, in a building for
which a master deed has been recorded or a cooperative incorporated,
if the rent charged for a rental housing unit has been increased,
it shall be an absolute defense to an action brought to recover possession
of such unit for nonpayment of rent, based on failure of the tenant
to pay such increase, if a court determines that the amount of such
increase was unconscionable and was intended to enable the landlord
to recover possession the rental housing unit for the purpose of facilitating
the conversion of the same to condominium or cooperative ownership
or use or occupation of said rental housing unit by a condominium
or cooperative owner.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Any person who violates this chapter shall be
punished by a fine of not more than $300 per offense. Each month during
which a violation exists shall constitute a separate offense. Upon
information and belief that the provisions of this chapter have been
violated, the Mayor or his or her designee shall take immediate steps
to enforce this chapter in a court of competent jurisdiction.
If any provision(s) or portion(s) thereof of
this chapter or of the application of any provision(s) or portion(s)
thereof to any person or circumstances is/are held to be invalid,
such invalidity shall not affect the validity of the remainder of
said provision or other provisions of this chapter.
