[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1]]
GENERAL REFERENCES
Zoning — See Ch. 175.
[1]
Editor's Note: This Article also superseded
former Ch. 35, Condominium Conversions, derived from Ch. 13 of the
1992 Town of Abington Bylaws, as amended.
[Amended 6-6-2016 ATM
by Art. 9]
The Town of Abington, acting by and through its Town Meeting,
finds and declares that a serious public emergency exists within the
Town with respect to the availability and affordability of rental
housing to citizens of said Town, particularly to elderly and persons
with a disability and to families of low and moderate income; that
this emergency results from the aggravated local impact of factors
set forth in Chapter 527 of the Acts of 1983, most particularly from
limited rental housing development, prolonged increases in sales and
rental housing costs exceeding increases in personal income, the increased
pressures on the Town's housing stock from the metropolitan housing
market and the conversion of existing rental housing to more expensive
condominiums or cooperative sales housing; that this rental housing
shortage generates serious threats to the public health, safety, and
general welfare of the citizens of the Town; that increased protection
of the present tenants of rental housing and of future occupants of
converted units requires local action including establishment of provisions
protecting a greater portion of the rental housing stock, extending
the effective conversion notice period, lessening tenant uncertainty
regarding conversion plans, encouraging appropriate safety improvements
to converted housing, and establishing a local permit system to regulate
and oversee the conversion process; and that this Bylaw is accordingly
adopted pursuant to the provisions of Chapter 527 of the Acts of 1983.
A.Â
To provide the community with the ability to oversee
and regulate the conversion of property for use as condominium or
cooperative housing.
B.Â
To assure compliance with state and local regulations
for the construction and physical features of buildings which are
to be used for condominiums.
C.Â
To require landlords who seek to convert their rental
property into condominium, cooperative, or other form of non-rental
property to give their tenants a reasonable period of notice before
evicting them in furtherance of the conversion. Such prior notice
will provide the potentially displaced tenants with sufficient time
to examine the housing market, evaluate available housing alternatives,
formulate future housing plans, secure any necessary financing and
decided whether to acquire the housing accommodations being converted
or to relocate.
APPLICANT — A person who records,
or proposes to record, the condominium instruments or on whose behalf
the condominium instruments are recorded, thereby subjecting the property
to condominium ownership, and includes successors or persons who come
to stand in the same relation to the condominium development as all
applicants.
The Planning Board of the Town of Abington.
Creation of units for condominium or cooperative ownership
in a building, which was at any time before the recording of the declaration
wholly or partially occupied by persons other than purchasers and
persons who occupied with the consent of the purchasers.
An eviction of a tenant by a landlord or any agent thereof
for the purpose of removing such tenant from a housing accommodation
in connection with the initial sale and transfer of legal title to
that housing accommodation to a prospective purchaser as a condominium
unit, cooperative or similar form of ownership, or, an eviction of
a tenant by any other person who has purchased a housing accommodation
when the tenant whose eviction is sought was a resident of that housing
accommodation as a condominium unit, cooperative or unit held in a
similar form of ownership. A conversion eviction shall not include
an eviction by reason of the tenants; substantial violations of the
terms of the tenancy.
A unit of a condominium as that is defined in Chapter 183A
of the Massachusetts General Laws or any successor statute with respect
to condominiums (the "condominium statute").
A unit in a housing cooperative as set forth in Massachusetts
General Laws, Chapter 157.
A tenant who is a person or group of persons residing in
the same housing accommodation any of who has reached the age of 60
years or over as of the date of receipt of the notice provided for
hereunder.
A person as defined in Sections 3(2) of the U.S. Housing
Act of 1937 as amended by the Housing and Community Development Act
of 1974.
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 containing three or more
dwelling units, together with all services connected with the use
or occupancy of such property.
The individual who holds legal title to any housing accommodations
in any manner including, but not limited to, a partnership, corporation
or trust. For the purposes of this Bylaw, the rights and duties of
a landlord hereunder shall be the obligated of anyone who manages,
controls, or customarily accepts rent on behalf of the landlord.
Households whose total income for the previous year was equal
to or less than the qualification income for the Section 8 Housing
Assistance Program as designated from time to time by the United States
Department of Housing and Urban Development pursuant to Section 8
of the Housing Act of 1937 as amended by the Housing and Community
Development Act of 1974, as further amended by the Quality Housing
and Work Responsibility Act of 1998, codified at 42 U.S.C. § 1437
et seq., and/or as otherwise defined by law, and calculated pursuant
to such provisions.
[Amended 6-6-2016 ATM
by Art. 9]
A person as defined in Section 3(2) of the U.S. Housing Act
of 1937 as amended by the Housing and Community Development Act of
1974, as further amended by the Quality Housing and Work Responsibility
Act of 1998, codified at 42 U.S.C. § 1437 et seq., and/or
otherwise as may be defined by law. For purposes of this Bylaw, the
term "person(s) with a disability" may be used interchangeably with
and/or in place of the term "handicapped person" without changing
the definition of either.
[Added 6-6-2016 ATM by
Art. 9]
An agreement, verbal, written or implied between a landlord
and a tenant for use or occupancy of a housing accommodation or for
housing services.
Any person entitled under the terms of a rental housing agreement
to the use and occupancy of any housing accommodation or for housing
services.
Any rent increase exceeding that allowed by consumer price
index, 10% maximum, and Tax Escalation Clause provisions of the Section
4(3) of Chapter 527 of the Acts of 1983.
A.Â
This Bylaw shall be applicable to all multi-family
dwellings located within the Town of Abington which contain three
or more dwelling units which are proposed to be converted to condominium
or cooperative ownership subsequent to the effective date of this
Bylaw.
B.Â
As required by Chapter 527 of the Acts of 1983 provisions
which go beyond the protection in that Act do not apply to certain
federally insured, Mass. Housing Finance Agency-financed, or adoptive-reuse-created
units listed in Section 2 of that Act.
A.Â
A condominium or cooperative conversion issued by
the Planning Board is required for conversion of existing structures
to condominium or cooperative ownership, and such permits shall be
required prior to the filing of a master deed pursuant to the Massachusetts
General Laws, Chapter 183A.
B.Â
Anyone wishing to apply for a condominium or cooperative
conversion permit shall give notice to the tenants according to this
Bylaw and Chapter 527 of the Acts of 1983, and then shall file an
application with the Town Clerk for transmittal to the Planning Board.
(1)Â
Any application for a condominium or cooperative conversion
permit shall be accompanied by a filing fee under the fee schedule
established by the Planning Board and approved by the Board of Selectmen,
and by copies of notices of intent and other items required by the
Planning Board.
(2)Â
Within 60 days of the receipt of a properly executed
application at a regularly scheduled meeting of the Planning Board,
the Planning Board shall hold a public hearing. Notice of the time
and place of such public hearing, of the subject matter, sufficient
for identification, and of the place where texts and maps thereof
may be inspected shall published in the newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing and by posting
such notice in a conspicuous place in the Town Hall for a period of
not less than 14 days before the day of said hearing. Notice of said
hearing shall also be sent by mail, postage prepaid, to the applicant,
owners, and tenants.
(3)Â
Within 30 days following the public hearing, the Planning
Board shall take final action on the application. Failure to take
final action shall be deemed to be a grant of the permit applied for.
(4)Â
Condominium or cooperative conversion permits can
only be granted by at least four members of the Planning Board voting
in the affirmative.
(5)Â
A copy of the attested condominium or cooperative
conversion permit shall be a part of and attached to the master deed
recorded pursuant to Massachusetts General Laws, Chapter 183A. The
applicant shall notify the Town Clerk within 10 days of recording
a master deed.
(6)Â
Permits shall expire if a master deed is not filed
within 12 months of permit issuance, and an eighteen-month period
shall elapse before a subsequent permit application may be filed.
C.Â
The Planning Board must approve any such application
if it finds that the applicant has fully complied with all the conditions
and requirements of the Bylaw.
[Amended 6-6-2016 ATM
by Art. 9]
A.Â
An applicant who intends to convert a rental building to a condominium or cooperative ownership is required to give each tenant in such building notice of this intention. Such notice must precede application for a condominium or cooperative conversion permit as per § 35-5B.
B.Â
No applicant will be allowed to bring an action to recover possession of the premises (i.e., to evict a tenant) within the 12 months following the recording of a master deed, or within 24 months of such recording in the case of low and moderate income, person with a disability or elderly tenants as defined in § 35-3.
C.Â
The
notice of intention to convert must set forth generally the rights
of a tenant under this Bylaw and must include a copy of this Bylaw
as an attachment. The notice shall be mailed postage prepaid by registered
mail, return receipt requested, to the tenant at the unit or any other
mailing address provided by the tenant.
D.Â
The Board shall have the right to deny an applicant a condominium or cooperative conversion permit if sufficient testimony is presented indicating that the tenants' right under § 35-6A to G of this Bylaw were violated prior to the application's filing date. The Board shall also have the right to revoke a permit if sufficient testimony at a subsequent hearing called upon petition of five tenants, or if the conversion unit has less than five tenants, upon petition of a majority of the tenants of the unit, is presented to indicate that tenants' rights have been violated during the applicable twelve- or twenty-four-month periods. The Board shall exercise these rights when it determines that the intent of this Bylaw has been so compromised.
E.Â
No tenant may be given notice by the applicant to vacate the premises within the applicable twelve- or twenty-four-month period provided in § 35-6A above, except by reason of substantial violations of the terms of the tenancy.
F.Â
Any
tenant under a lease entered into a subsequent to the effective date
of this Bylaw shall have the right at any time after receipt of a
notice to convert pursuant to this Bylaw, to terminate the lease upon
notice. Such termination shall be without penalty or other termination
charge to the tenant.
G.Â
Within
60 days after recording a master deed pursuant to Massachusetts General
Laws, Chapter 183A, the applicant shall offer to sell each unit or
proposed unit to the tenant who rents or leases that unit. Such an
offer shall be in the form of a properly executed purchase and sale
agreement. The terms and conditions shall be substantially the same
as, or more favorable than, those offered to the general public for
the 90 days following expiration of said tenants' right to purchase
pursuant to 5.4(e) of Chapter 527 of the Acts of 1983. The tenants'
right to first purchase expires 90 days after receipt of the applicant's
offer to sell.
H.Â
The
tenant in a conversion condominium or cooperative shall not unreasonably
withhold consent to the applicant to enter the unit in order to inspect
the premises, obtain data or show the unit to prospective or actual
workers or purchasers. The applicant shall give the tenant at least
two days' notice of his intent and may enter only at reasonable
times.
I.Â
It
shall be unlawful for any person to engage in any act of harassment
against a tenant which is designed to, or is likely to result in the
termination of the tenancy by the tenant. Conduct which shall be considered
harassment shall include, but not be limited to, the following: failure
of the landowner to make repairs in a timely and professional manner;
imposition by the landowner of unjustifiable increases in the rental
price of a unit; failure of the landowner to provide the tenant with
essential services; verbal harassment and/or threats by the landowner
against the tenant.
Any person violating any provision of this Bylaw,
upon conviction thereof, shall be fined not more than $25 for each
offense. Each one-day period that willful violation continues shall
constitute a separate offense.
This Bylaw shall not interfere with or annul
any Bylaw, rule, regulation or permit, provided that, unless specifically
exempted, where this Bylaw is more stringent, it shall control.
The provisions of this section are severable.
If a court declares invalid any such provision or its application
to any person or circumstance, the invalidity shall not affect the
validity of any other provision or application.
A.Â
Certification of final approval by the Planning Board
shall be deemed to be the signing of the permit only after all involved
inspectors have signed same.
