These regulations are meant to supplement, and
not to limit, the protections and benefits available to tenants under
the Town of Lexington Housing Conversion and Eviction By-Law, as amended,
Chapter 527 of the Acts of 1983, as amended, MGL c. 183A; as amended;
and any other statute of the commonwealth or court decision.
As used in these regulations, the following
words shall have the following meanings, unless the context clearly
requires otherwise.
APPLICANT
The owner or purchaser of a housing accommodation applying
for a conversion or eviction license under these regulations and the
by-law.
BOARD
The Condominium Conversion Board, consisting of five members
appointed by the Town of Lexington Select Board who are responsible
for the administration of the by-law and these regulations.
[Amended 3-27-2019 ATM by Art. 34]
BY-LAW
The Town of Lexington Housing Conversion and Eviction By-Law,
as amended.
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION
An eviction of a tenant (a) for the purpose of removing such
tenant from a housing accommodation in order to facilitate the initial
sale and transfer of legal title to that housing accommodation as
a condominium or cooperative unit to a prospective purchaser, or (b)
for the purpose of removing such tenant from a housing accommodation
in order to facilitate the sale and transfer of legal title to that
housing accommodation after a binding purchase and sale agreement
has been validly executed for the sale of such condominium or cooperative
unit; provided, however, that the eviction of a tenant for nonpayment
of rent or other violation of a rental agreement for which a tenant
may be evicted under applicable law shall in no event be deemed a
condominium or cooperative conversion eviction.
CONSUMER PRICE INDEX
As used in §
63-4E(2) of this Code and Chapter 527 of the Acts of 1983, shall be the United States Consumer Price Index for All Urban Consumers, U.S. City Average, as published by the United States Department of Labor, Bureau of Labor Statistics.
CONVERSION
The recording of a master deed or master lease in order to
make the initial sale and transfer of title to a housing accommodation
as one or more condominium units pursuant to an individual unit deed
or deeds, or, as one or more cooperative units pursuant to an individual
proprietary lease or leases, as the case may be.
CONVERSION LICENSE
The license required by the by-law and §
144-4A of these regulations prior to the conversion of any housing accommodation into condominium or cooperative forms of ownership.
ELDERLY TENANT
A tenant or group of tenants of the same housing accommodation,
any of whom has reached the age of 62 years or over as of the date
of the conversion of such housing accommodation prior to the adoption
of this by-law or the receipt by such tenant or group of tenants of
any conversion notice provided for herein, whichever is earlier.
EVICTION LICENSE
The license required by the by-law and §
144-5A of these regulations prior to the eviction of any handicapped, elderly or low- to moderate-income tenant from any housing accommodation.
HANDICAPPED TENANT
A tenant or group of tenants of the same housing accommodation,
any of whom is physically handicapped as defined in MGL c. 22, § 13A,
as of the date of the conversion of such housing accommodation prior
to the adoption of this by-law or the receipt by such tenant or group
of tenants of any conversion notice provided for herein, whichever
is earlier.
HOUSING ACCOMMODATION
Any building, structure, or part thereof or land appurtenant
thereto, or any other real or personal property rented or offered
for rent for living or dwelling purposes which has been used in whole
or in part for residential purposes within one year prior to the date
of submission of an application for a conversion license provided
for herein or within one year prior to the time of the conversion
of such housing accommodation prior to the adoption of this by-law,
whichever is earlier, together with all services connected with the
use or occupancy of property, 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.
Buildings containing fewer than four housing
accommodations; or
D.
Housing accommodations in hotels, motels, inns,
tourist homes, and rooming houses and boardinghouses which are occupied
by transient guests staying for a period of fewer than 14 consecutive
calendar days.
INTEREST SUBSIDY
Any payment made by the federal or state government to reduce
the effective interest rate payable by a mortgagor.
LOW- or MODERATE-INCOME TENANT
A tenant or group of tenants entitled to occupy the same
housing accommodation as of the date of the conversion of such housing
accommodation prior to the adoption of this by-law or the receipt
by such tenant or group of tenants of any conversion notice provided
for herein, whichever is earlier, so long as the total income for
such tenant or group of tenants for the 12 months immediately preceding
the date of the conversion of such housing accommodation prior to
the adoption of this by-law or the receipt by such tenant or group
of tenants of any conversion notice provided for herein, whichever
is earlier, is less than 80% of the median income for the area set
forth in regulations promulgated from time to time by the Department
of Housing and Urban Development pursuant to 42 U.S.C. § 1437
et seq., and calculated pursuant to said regulations; or, a tenant
or group of tenants entitled to occupy the same housing accommodation
as of the date of the conversion of such housing accommodation prior
to the adoption of this by-law or the receipt by such tenant or group
of tenants of any conversion notice provided for herein, whichever
is earlier, so long as the total income for such tenant or group of
tenants for the 12 months immediately preceding the date of the conversion
of such housing accommodation prior to the adoption of this by-law
or the receipt by such tenant or group of tenants of any conversion
notice provided for herein, whichever is earlier, falls within 50%
to 120% of the Boston SMSA median income as calculated from time to
time by the Department of Housing and Urban Development pursuant to
42 U.S.C. § 1437 et seq., as amended; whichever shall apply.
OWNER
The individual or entity which holds title to any housing
accommodation subject to conversion, including the individual or entity
which holds title to any condominium or cooperative accommodation
after such conversion but prior to the execution, delivery and recording
of a unit deed (in the case of condominium conversion) or a unit lease
(in the case of a cooperative conversion) for such accommodation,
including without limitation, a partnership, corporation, or trust.
PURCHASER
An individual or entity other than the owner which has validly
executed a binding purchase and sale agreement for a condominium or
cooperative unit, including without limitation, a partnership, corporation,
or trust. For the purposes of these regulations, a purchase and sale
agreement shall be considered binding even though the purchaser's
obligation to purchase the condominium or cooperative unit is subject
to the customary contingencies as to financing and inspection.
TENANT
A person or group of persons collectively entitled to occupy
a housing accommodation pursuant to a written, oral or implied rental
agreement existing at the date of the conversion of such housing accommodation
prior to the adoption of this by-law or the receipt by such tenant
or group of tenants of any conversion notice, whichever is earlier.
Any tenant or group of tenants who first becomes entitled to occupy
a housing accommodation after the date of the conversion of such housing
accommodation prior to the adoption of this by-law or the granting
of any conversion license for such housing accommodation shall not
be entitled to the protections afforded by the by-law or these regulations.
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.
TOTAL INCOME
The total combined income from all sources for a tenant or
group of tenants of a housing accommodation for the 12 months immediately
preceding the date of the conversion of such housing accommodation
prior to the adoption of this by-law, or the receipt by such tenant
or group of tenants of any conversion notice provided for herein,
whichever is earlier, or the exercising of any right, whichever may
occur later, excluding income which is temporary, nonrecurring or
sporadic as defined in H.U.D. Regulation 24 CFR 860.403(n)(1)-(7).
Total income shall include, but not be limited to, the following:
A.
The gross amount, before any payroll deductions,
of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
B.
Net income from the operation of a business
or profession;
C.
Interest, dividends, and net income of any kind
from real or personal property;
D.
The full amount of periodic payments received
from social security, annuities, insurance policies, retirement funds,
pensions, disability or death benefits and other similar types of
periodic receipts;
E.
Payments in lieu of earnings, such as unemployment
compensation and severance pay;
F.
Welfare assistance payments;
G.
Periodic and determinable allowances, such as
alimony and child support payments, and payments nominally to a minor
for his support and controlled for his benefit by another;
H.
Regular contributions or gifts received from
persons not residing in the housing accommodation; and
I.
All regular pay, special payments, and allowance
received by a member of the Armed Forces.
TOWN
The Town of Lexington, Massachusetts.
Pursuant to §
144-5F(2)(b), the Board may grant an eviction license on the condition that the applicant extend the applicable rental agreement for a period of time not less than one year or for any other period of time to which the tenant is entitled under the provision of any other law, court decision, regulation, or by-law, but not for more than a period of five years from the date of the application for the eviction license. In connection with any such extension, the provisions of such a rental agreement may not otherwise be modified, except with respect to the amount of annual rent, any increase in which 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 Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the calendar year immediately preceding the date upon which such rental agreement is commenced, or 10%, whichever is less. This restriction, however, shall not limit the right of an owner or purchaser to any reasonable amounts which may be due under a valid tax escalation clause in the rental agreement.
Pursuant to §
144-4F(1)(e), the Board may grant a conversion license on the condition that the applicant offer a reasonable percentage (not less than 10% and not more than 20%) of the housing accommodations to the Lexington Housing Authority, the Lexington Housing Assistance Board, or a limited profit or nonprofit legal entity approved by the Board upon reasonable terms and conditions as will make the offeree eligible for state or federal subsidies and as will make it economically feasible for the unit to be purchased for rental to persons of low- or moderate-income. Such units shall be permanently maintained as rental housing accommodations for low- and moderate-income tenants.