City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[Added 9-23-1985 by Ord. No. 85-556]
As used in this article, the following words shall, unless the context clearly requires otherwise, have the following meanings:
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION
An eviction of a tenant 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 an eviction of a tenant by any other person who has purchased a housing accommodation as a condominium or cooperative unit when the tenant whose eviction is sought was a resident of the housing accommodation at the time the notice of intent to convert is given to convert the building or buildings to the condominium or cooperative form of ownership pursuant to § 270-11; provided, however, that the eviction of a tenant for nonpayment of rent or other violation of a rental agreement shall in no event be deemed a condominium or cooperative conversion eviction.
CONDOMINIUM UNIT
A unit in a housing condominium as that term is defined in MGL Chapter 183A.
COOPERATIVE UNIT
A unit in a housing cooperative as set forth in MGL Chapter 157.
ELDERLY TENANT
A tenant who is a person or group of persons residing in the same housing accommodation, any of whom has reached the age of 62 years or over as of the date of the receipt of the notice provided for hereunder.
HANDICAPPED TENANT
A person entitled to occupy a housing accommodation who is physically handicapped as defined in MGL c. 22, § 13A, as of the date of receipt of the notice provided for hereunder.
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, together with all services connected with the use or occupancy of such property, but not including the following:
A. 
Housing accommodations which the United States or the commonwealth or any authority created under the law 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.
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 mortgager.
LOW- OR MODERATE-INCOME TENANT
A tenant who is a person or group of persons residing in the same housing accommodation so long as the total income for all such tenants for the 12 months immediately preceding the date of the notice provided for hereunder 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.
TENANT
A person or group of persons collectively entitled to occupy a housing accommodation pursuant to a rental agreement written or implied.
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.
A. 
Notice.
(1) 
If a building submitted to the provisions of MGL Chapter 183A or 157 has been used in whole or in part for residential purposes within one year prior to the recording of a master deed creating a condominium or the filing of the articles of organization creating a housing cooperative, the owner thereof shall give each tenant of all housing accommodations in such building or buildings written notice of intent to convert the building or buildings to the condominium or cooperative form of ownership. Such written notice shall state in clear and conspicuous language the following:
(a) 
That the owner has filed or intends to file a master deed at a registry of deeds whose location is stated in the notice or has filed or intends to file articles of organization with the Secretary of the Commonwealth.
(b) 
That any tenant residing on the date the notice of intent is given in the building or buildings converted or to be converted to the condominium or cooperative forms of ownership shall have a period of time, which shall be stated in the notice, from the date of the receipt of such notice, as authorized by this article, before the tenant shall be required to vacate the housing accommodation occupied on the date the notice is received.
(c) 
That any tenant residing on the date the notice of intent was given in the building or buildings to be converted shall have a period of time, which shall be stated in the notice, from the date of receipt of such notice, as authorized by this article, to purchase the unit occupied by the tenant on the date the notice is received on terms and conditions which are substantially the same as or more favorable than those which the owner extends to the public generally for the six months next following the expiration of said tenant's right to purchase as may be required by Subsection B.
(2) 
All notices required under this subsection shall be deemed to have been given when a written notice is delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom the notice is being given.
(3) 
Whenever an owner is required to give notice of intent provided for in this subsection, the period of notice shall not be less than the expiration of any written agreement between the owner and the tenant of the housing accommodation which governs the use and occupancy of said housing accommodation or three years from the date the tenant of such housing accommodation is given said notice of intent, whichever is greater; provided, however, that in the case of a housing accommodation occupied in whole or in part by a handicapped tenant or occupied by an elderly or low- or moderate-income tenant, the period of notice shall not be less than five years from the date the tenant of such housing accommodation receives said notice of intent.
(4) 
No person shall bring any action seeking a condominium or cooperative eviction until the expiration of the periods of time for notice to tenants specified in this article.
(5) 
The burden of proving qualifications with respect to age, handicap and income shall rest with the tenant.
B. 
Any owner of residential property who converts such property to the condominium or cooperative form of ownership shall give to any tenant who is entitled to receive notice pursuant to this section the right to purchase the housing accommodation occupied by such tenant at the time such notice is delivered on terms and conditions which are substantially the same as or more favorable than those which the owner extends to the public generally for the six months next following the expiration of said tenant's right to purchase. Such tenant may exercise a right to purchase such housing accommodations by executing a purchase and sale agreement prior to the expiration of said six months next after the date of receiving a copy of the purchase and sale agreement properly executed by the person offering the housing accommodation for sale.
C. 
The owner of residential property converted to the condominium or cooperative form of ownership shall pay to any tenant who is entitled to receive a notice pursuant to this section and who does not purchase the housing accommodation which he occupies or another housing accommodation in the same building or buildings relocation benefits for the actual, documented costs of moving, not to exceed $750 per housing accommodation; provided, however, that if such housing accommodation is occupied in whole or in part by a handicapped tenant or is occupied by an elderly or low- or moderate-income tenant, the maximum relocation benefit shall not exceed $1,000 per housing accommodation. Such relocation benefits shall be payable within 10 days after the date on which the tenant vacates the housing accommodation occupied by him; provided, however, that no tenant shall be eligible for such relocation benefits unless all rent due and payable for said unit under the rental agreement or extension of such agreement, if any, has been paid by the tenant prior to the date on which the housing accommodation is vacated and only as long as the tenant voluntarily vacates the housing accommodation for which recovery of possession is sought on or before the expiration of the notice period.
D. 
Any owner of residential property converted to the condominium or cooperative form of ownership shall assist elderly, handicapped and low- or moderate-income tenants who qualified as such as of the date of receipt of the notice authorized pursuant to this section in locating, within the period of the notice to such tenants, comparable rental housing within the same City or town in which such tenant resides which rents for a sum which is equal to or less than the sum which such tenant had been paying for the housing accommodation occupied at the time of receipt of the notice authorized by this section. The failure of the owner of such residential property to find such substitute housing accommodation shall extend the period of notice for up to an additional two years.
E. 
Any owner of residential property converted to the condominium or cooperative form of ownership shall give to any tenant who is entitled to receive a notice pursuant to this section an extension of the rental agreement at the expiration thereof. Such extension, where required, shall be for such periods of one year or such fraction thereof as shall equal the period of notice to which such tenant is entitled pursuant to the provisions of this section. The provisions of such rental agreement may not otherwise be modified by the property owner, 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 all urban customers 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; provided, however, nothing herein shall limit the right of a property owner to any amounts which may be due under a valid tax escalation clause.
F. 
Notwithstanding any other provisions of this article, any tenant or tenants who have not received a notice of eviction for the purpose of a condominium or cooperative conversion shall be refunded their prepaid rent and security deposits, in accordance with MGL c. 186, § 15B.
No more than 25% of the housing accommodations in any building, structure or part thereof may be converted in any one calendar year.
A. 
Any owner who converts residential property in violation of any provisions of this article shall be punished by a fine of not less than $1,000 or by imprisonment of not less than 60 days. Each unit converted in violation of this article constitutes a separate offense.
B. 
Any violation of this article by an owner of residential property shall not affect the validity of a conveyance of a condominium unit or an interest in a housing cooperative to a purchaser for value who has no knowledge of the violation.
C. 
The district and superior courts shall have jurisdiction over an action arising from any violation of this article and shall have jurisdiction in equity to restrain any such violation.
In the case of any housing accommodation for which sufficient notice, as hereinafter defined, was given subsequent to April 1, 1983, the period of notice required pursuant to § 270-11 shall be deemed to have commenced on the date such sufficient notice was received by the tenant. Provided that "sufficient notice" for purposes of this section shall be defined as written notice to the tenant informing him, in substance, that said housing accommodation was being or had been converted to a condominium or cooperative form of ownership and that the tenant would be required to vacate not earlier than one year from the date of receipt of such notice, sufficient notice given on or prior to April 1, 1983, shall be deemed to have been given on April 2, 1983.
The provisions of this article shall not be applicable to any unit in a building or buildings converted to the condominium or cooperative forms of ownership for which on the effective date of Chapter 527 of the Acts of 1983 a master deed has been recorded or articles of organization filed and a deed or, in the case of a cooperative, a proprietary lease, conveying the unit to a bona fide purchaser for value, who intends to occupy such unit as a principal residence, recorded, in the case of such deed, in the registry of deeds for the county in which such unit is located on or before October 15, 1983, or a purchase and sale agreement was entered into on or before October 15, 1983, with a bona fide purchaser for value who intends to occupy such unit as a principal residence. Proof of payment of a reasonable deposit or down payment shall be evidenced by a canceled check or its equivalent establishing said value.
[Added 7-25-2005 by Ord. No. 05-100821B]
A. 
The provisions of §§ 270-10 to 270-12, 270-14, 270-15, 270-17 and 270-18 shall be waived as to an owner which, prior to the filing of a master deed regarding said property, has obtained the following:
(1) 
A certificate from the Mayor certifying that the owner has paid to the Marlborough Affordable Housing Fund or to such other fund for the benefit of affordable housing as may be directed by the City Council the sum of $1,250 for every residential unit to be created as the result of the filing of the master deed and that the total number of said units is no greater than 125.
(2) 
A monitoring agreement signed by the owner and the Executive Director of the Community Development Authority, or such other person or entity as may be designated by the City Council, and binding on the successors and assigns of the owner, which shall provide that:
(a) 
The owner has agreed that at least 70% of the units sold will be sold to persons who intend to occupy the unit as their principal place of residence;
(b) 
The owner has deposited with the Community Development Authority (CDA) or such other person or entity as may be designated by the City Council a bond, in a form suitable to the CDA or to such other person or entity, in an amount equal to $500 multiplied by the number of units in the proposed condominium, the condition of the bond being that the amount thereof will be forfeited to the Affordable Housing Trust, or to such other fund for the benefit of affordable housing as may be directed by the City Council, unless the owner has demonstrated to the CDA, or such other person or entity, within three years of the date of the bond, that the owner has sold and transferred units in compliance with Subsection A(2)(a) above. Compliance shall be shown by providing to the CDA, or such other person or entity as may be designated by the City Council, a certified copy of the affidavit of intended owner-occupancy executed by the individual unit buyers at the time of closing on the unit buyer's purchase or, at the owner's request, through some other method acceptable to the CDA, or such other person or entity;
(c) 
The owner has agreed to pay to any tenant who would otherwise be entitled to an expense reimbursement pursuant to § 270-11C:
[1] 
The maximum amount that would have been due and payable thereunder on the day that the tenant vacates the unit, without any required proof of actual moving or other expenses; and
[2] 
A tenancy longevity bonus equal to $250 for every year or fraction of an uncompleted year greater than two years that the tenancy was in existence on the date of the filing of the master deed.
(d) 
The owner has paid to the CDA, in advance, or to such other person or entity as may be designated by the City Council, the sum of $10,000 as compensation for administering the monitoring agreement.
(e) 
The owner has provided to the CDA or such other person or entity as may be designated by the City Council, a copy of the condominium bylaws to be recorded, which bylaws shall provide that:
[1] 
Seventy percent of the units in the condominium shall be owner-occupied at all times;
[2] 
The bylaw section requiring said seventy-percent owner-occupancy provision may not be amended or deleted.
B. 
An owner of property which has received a waiver pursuant to this section shall continue to be required to comply with the provisions of state law, including but not limited to Chapter 527 of the Acts of 1983 regarding condominium conversion.
The provisions of this article shall not be applicable to any unit in a building or buildings converted to the condominium or cooperative forms of ownership for which, on or before the date of adoption of this article, a master deed has been recorded or articles of organization filed and a deed or, in the case of a cooperative, a proprietary lease, conveying the unit to a bona fide purchaser for value, who intends to occupy such unit as a principal residence, has been recorded, in the case of such deed, in the registry of deeds for the county in which such unit is located.
The provisions of this article shall not be applicable to any building or buildings converted to the condominium or cooperative forms of ownership for which, on or prior to the effective date of this article, a master deed has been recorded or articles of organization filed prior to the adoption of such article or bylaw for not less than 1/3 of the units in such buildings, and either purchase and sale agreements were entered into, prior to October 15, 1983, with bona fide purchasers for value, who intend to occupy such units as principal residences, as evidenced by a canceled check or its equivalent establishing said value, or deeds or, in the case of cooperatives, proprietary leases, conveying units in such building or buildings to bona fide purchasers for value, who intend to occupy such units as principal residences, were recorded, in the case of such deed, in the registry of deeds for the county in which such building or buildings are located, on or before October 15, 1983.