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.
No more than 25% of the housing accommodations
in any building, structure or part thereof may be converted in any
one calendar year.
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.