Local Protections for Tenants Facing Condo Conversion

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The state condo law allows towns and cities to adopt, by a 2/3rd vote of their local legislative bodies, local ordinances or bylaws regulating condominium conversion that are stronger than, or which otherwise differ from, the statewide law.26 To get a copy of your local ordinance or bylaw, contact your city or town hall. What follows are brief descriptions of each of the local condo ordinances in Massachusetts.27

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Abington

Abington has a local bylaw that requires owners or developers to obtain a permit to convert an existing structure to condominium or cooperative ownership.28 The developer or owner must first give notice of the intent to convert to the tenants. This notice to tenants must be mailed by registered mail, return receipt requested, set forth generally the tenants’ rights under the bylaw, and include a copy of the bylaw.

After an owner or developer gives tenants the notice of intent to convert, they can then file an application for a permit to convert with the Town Clerk, who gives the application to the Planning Board. The application must include a filing fee, copies of the notices of intent, and other items that may be required by the Planning Board. The owner or developer must obtain a permit prior to filing the master deed.

The Planning Board must then hold a public hearing within 60 days of the filing of the application. It must publish a notice of this hearing in the local paper and send it by mail to the applicant, owners, and tenants. The Board must take final action on the permit application within 30 days of the public hearing. If no action is taken, the permit is automatically considered granted. A copy of the permit must be filed with the recorded master deed, and the applicant must notify the Town Clerk within 10 days of recording the master deed. Permits expire if a master deed is not filed within 12 months of the Planning Board’s issuing the permit, and an 18-month period must pass before another permit may be filed.

A condominium conversion permit must be granted if the Planning Board finds that the applicant has fully complied with the local bylaws. A permit may be denied if it is shown that tenants’ rights were violated prior to the application’s filing. The Planning Board may also revoke (take back) a permit if 5 or more tenants petition the Board and show that tenants’ rights have been violated during the 12- or 24-month conversion notice period.

Within 60 days of the filing of the master deed, the owner or developer must offer to sell each unit to the tenant occupying the unit on terms and conditions substantially the same as or more favorable than those in the state condo law. See Protections for Tenants under the State Condo Law in this chapter.

The owner may not proceed with eviction within the 12-month period following the recording of the master deed, or within 24 months in the case of low- to moderate-income, handicapped, or elderly tenants as defined in the state condo law. There is no explicit exception to these protections for other types of eviction unrelated to condo conversion. There are no specific additional protections beyond what the state condo law provides in terms of the owner’s requirement to help low- and moderate-income, handicapped, and elderly tenants find comparable housing, or to provide relocation assistance.

During the conversion notice period, the owner has a right to enter the unit to inspect, obtain data, or show the unit to prospective or actual workers or purchasers. The owner must give 2 days advance notice and may only enter at reasonable times and a tenant may not unreasonably withhold their consent for an owner to enter.

Harassment by the owner is barred. This includes unreasonable requests to enter a unit, failure of the owner to make repairs in a timely and professional manner, imposition of unjustifiable increases in rent (as measured by the state condo law), failure to provide the tenant with essential services, and verbal harassment or threats against the tenant.

The definitions of “elderly” and “handicapped” in the Abington bylaws differ from the state condo law: elders are persons age 60 or older, and handicapped includes people with mental disabilities.

Acton

In 1981, Acton obtained special state enabling authority to regulate condo conversion before the statewide law was passed. This authority was revised in 1987.29 Since its condominium regulation was not based on rent control, it should not have been affected by the abolition of rent control-related laws in 1994.30 

Acton's enabling law prohibits conversion or removal of certain types of housing as rental housing without a permit. Housing that requires a permit includes buildings with 6 units or more, or non-owner-occupied buildings with 5 units or more. Permits must be granted if:

  • The owner has given proper notice to all tenants of periods to vacate, rights of first refusal, relocation benefits, assistance in locating comparable housing, and appropriate provisions for extension of rental agreements and rent limitations during the notice period. The notice periods, rights of first refusal, and relocation benefits are the same as those in the statewide law; and
  • The owner has provided certification from a registered engineer or architect that the units meet all applicable building and health codes. 
Amherst

Under Amherst’s bylaw, adopted in 1984, no condominium or cooperative conversion is permitted unless a conversion permit has been obtained.31 Permits can be obtained only if either 

  • (a) the vacancy rate for rental units in the town is above 5%, or 
  • (b) prohibiting a conversion would constitute an unconstitutional taking, which the Board of Selectmen must specifically determine.

The Board must consider a number of factors when deciding whether to grant or deny a permit, including:

  • The impact of the proposed conversion on the tenants; 
  • The availability of rental housing of comparable type, quality, and cost in the town; 
  • The ease or difficulty of the affected tenants in finding alternative rental housing; 
  • Any efforts to lessen the impact on the tenants (including guaranteed rights to remain for fixed periods, payment of moving expenses and other relocation costs, and securing of alternative housing); 
  • The physical condition of the property, and the financial viability of the property if maintained as rental housing; 
  • Whether the property (or units in it) is vacant, for how long, and why; and 
  • The age, financial status, and health of the affected tenants and the length of their tenancies.

An application for a conversion permit must be accompanied by a written plan setting out an orderly process for conversion, and a description of the governing process by which the owners’ association or cooperative corporation shall operate during and after conversion. The Board of Selectman may also condition the granting of a permit upon the owner’s making special provisions for certain units and the tenants in those units. No permit is to be granted unless an independent licensed engineer or architect certifies that the property meets all applicable building and health codes. The Board may enact regulations related to the procedure for conversion permits and impose a reasonable filing fee.

Tenants may not be evicted for the purpose of permitting renovation, rehabilitation, or occupancy by purchasers for 9 months after an application for a conversion permit, or for 6 months after a permit is granted, whichever is longer. Harassment is prohibited, as is the failure to make necessary repairs or provide required services, or the seeking of unreasonable rent increases during the notice period. Tenants have the right of first refusal to purchase their units. There is no provision beyond what the state condo law provides for longer notice periods, extensions of leases, or relocation benefits (although the Board could include such conditions in its permit decision).

Boston

In Boston, between 1979 and 1994, condominium conversion protections were provided under the city's rent control laws.32 Initially, protections were limited to extended notice periods, right of first refusal, moving expenses, and relocation assistance, similar to those ultimately adopted in the statewide law. 

Beginning in 1984, a condominium conversion eviction ban was established for elderly, disabled, and low- to moderate-income tenants. This was gradually expanded to encompass more groups. Finally, in 1988, the city established a general ban on condominium conversion evictions and required that owners seek removal permits to convert units to condominiums.33 

In 1994, rent control laws were abolished by a narrow statewide referendum vote.34 After the expiration of transitional rent control protections in 1995-1996, condo protections could no longer be based on rent control authority.35 As a result of the efforts of housing advocates, Boston then adopted a local condo ordinance based on the authority in the statewide condo law.36 Early efforts to adopt a local condo ordinance in 1995 and 1996, however, were invalidated by litigation filed by the Greater Boston Real Estate Board.37 In 1999, the Boston condo ordinance was finally adopted and currently remains in effect.38

Boston's law differs from the statewide law in the following respects:

  • There is a 5-year condo conversion eviction notice period for elderly, handicapped, or low- to moderate-income households, in comparison to the statewide 2- to 4-year period. 
  • Boston’s ordinance includes people with mental disabilities in the definition of “handicapped.”
  • The 5-year notice period is automatic, unlike the statewide law, which requires the tenant to show that the owner did not provide relocation assistance in order to get an extension of up to 2 years on the original 2-year period.
  • The notice period applies to both new conversions and units already converted and occupied by elderly, disabled, or low- to-moderate-income tenants who previously had rent control protections against condominium conversion eviction.39 
  • If an owner has given a condo conversion eviction notice, the tenant's lease is to be extended through the notice period and rent increases through the notice period are limited to 10% per year or the annual percentage increase in the Consumer Price Index, whichever is less.
  • The owner may evict the tenant only for "just cause."
  • If a tenant is in a unit at the time of conversion and has not received a notice of a condo conversion eviction, any eviction is presumed to be a condo conversion eviction—unless the owner can show that this was not the case (for example, the owner simply wanted a higher rent, but intends to keep the unit as rental housing).
  • Relocation benefits are substantially more than those under the statewide law ($10,000 for all tenants, and $15,000 for elderly, disabled, or low- to moderate-income tenants).40
  • There are 2 rights of first refusal: 
    • (i) at the time the property is first converted to condominiums or cooperatives, even if it is not the owner's intent at that time to displace the tenant; and 
    • (ii) any time the owner intends to displace the tenant in order to facilitate sale or occupancy of a condominium unit. The tenant is to be offered the unit on the same or better terms that are offered to third parties and to have a 90-day period to enter into a purchase and sale agreement.
  • Notice must be provided to the tenant in the tenant’s primary language if that is not English.
  • Starting in 2021, owners must first present a conversion plan to the City's Office of Housing Stability (OHS) for approval and then seek a conversion permit from the City’s Inspectional Services Department (ISD) prior to any condo or coop conversion. Past vacancies and any threats of displacement are investigated as part of this process. OHS is to be given copies of various notices and affidavits from the owner to monitor compliance.41 If there is a dispute about whether a tenant is low- to moderate- income, elderly, or disabled and therefore entitled to enhanced protections, either OHS or the courts, at the parties' preference, can resolve the dispute. Other disputes are to be resolved by the courts.
Brookline

Up until 2006, the status of condominium conversion controls in Brookline was unclear. In 1981, Brookline originally provided condo conversion protections under local rent and eviction control laws. Those provisions ended with the end of rent control in 1994-1996.

However, since 1981 Brookline also had a special condo conversion enabling law separate from its rent control scheme. This local enabling law prohibited any person from converting an apartment building or other multifamily dwelling containing 4 or more residential units to a condominium without first obtaining a special permit.42 Based on this, in 1986 Brookline adopted 2 local bylaws regarding condo conversion and protection of tenants in properties not otherwise covered by its local rent control law.43 In 1994, the statewide law eliminating rent control explicitly referred to Brookline’s 1981 condo law as one of the laws which was being abolished.44

In 1998, Brookline revised its bylaws and eliminated any reference to rent control laws or to special income, age, or disability qualifications. The result was that special protections for elderly, disabled, and low- or moderate-income tenants were eliminated (including the right to longer notice periods and to extension on those periods if comparable housing was not secured), and relocation benefits were eliminated.

In 2006, Brookline decided that its bylaws needed to be revised to provide tenants with at least the same protections that they would have under the state condo law. The Board of Selectmen decided to refer solely to the state law for condominium conversion tenant protections. One difference, however, between the Brookline bylaw and the state condo law is that Brookline’s bylaws provide that within 48 hours of the recording of a master deed, the owners must file a copy of the master deed with the Building Department, which will then inspect the premises to confirm if they are in compliance with state and local codes.45

Lexington

In 1987, following the announcement that Emerson Gardens, the largest rental housing development in Lexington, was facing condo conversion, residents and other supporters in the town passed a bylaw to create a condo conversion permit system.46 The system is run by the Select Board of the town. It gives tenants in Lexington the following protections, in addition to those in the state condo law:

  • Eviction protections are provided for elderly, handicapped, and low- or moderate-income tenants for up to 5 years if the tenants can show a hardship relating to matters such as finances, health, school, age, or family problems, or the lack of suitable housing in Lexington.
  • All conversions and evictions must be licensed by the conversion board. Conditions may be imposed upon the granting of the license. The board may use the following factors in making that determination: 
  1. The protection of the public interest of the Town of Lexington,
  2. The hardships imposed upon the tenants or the landlord,
  3. The aggravation of the shortage of rental housing, and
  4. The existence of reasonable accommodations to alleviate the hardship.
  • The owner may be required by the town to sell up to 20% of the converted units to the Lexington Housing Authority for long-term affordable units.
Marlborough

In 1985, Marlborough adopted a condominium conversion ordinance as part of its zoning bylaws. The ordinance was later amended.47 It covers buildings that have been used in whole or in part for residential purposes within one year prior to the conversion. The original law has several unique provisions:

  • No more than 25% of the housing accommodations in any building, structure or part of the building may be converted in any one calendar year. 
  • Tenants’ right of purchase extends for a 6-month period from the date of notice of the intent to convert.
  • The condo conversion eviction notice period is at least 3 years for all tenants, and is 5 years for handicapped, elderly, or low- or moderate-income tenants. Moreover, this period for handicapped, elderly, or low- to moderate-income tenants can be extended for an additional 2 years if the owner fails to find substitute comparable rental housing in Marlborough at a similar rent.

Provisions on relocation benefits, extension of rental agreements and caps on rent increases, and limitation on eviction are similar to those in the state condo law.

In 2005, Marlborough provided that an owner could obtain a waiver from this law, and that the provisions of the state condo law would apply instead, provided the following conditions were met:

  • The Mayor certified that the owner had paid $1,250 to the Marlborough Affordable Housing Fund (or to such other fund for the benefit of affordable housing as may be designated by the City Council) for each unit to be created as a result of the filing of the master deed, with no more than 125 units being created by the owner.
  • The owner and the Executive Director of the Community Development Authority (CDA) (or other person or entity designated by the City Council) signed a Monitoring Agreement, under which 70% of the units sold would be sold to those planning owner-occupancy, and a bond of $500 times the number of units would be held to insure this condition was met within 3 years.
  • Tenants would be reimbursed for relocation expenses in accordance with the state condo law without any proof of actual moving or other expenses, as well as 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 as of the filing of the master deed.
  • The owner would pay the CDA or other entity $10,000 in advance as compensation for administering the Monitoring Agreement.
  • The owner provided the CDA or other entity with the condominium bylaws to be recorded including the 70% owner-occupancy requirement to exist at all times, and that provision may not be deleted or amended. 
New Bedford

In 1988, New Bedford adopted a condominium conversion ordinance.48 The law differs from the state condo law in a few respects:

  • Elderly tenants are defined as those who are 59 years of age or older as of the date of receipt of notice.
  • Notices to the tenants must be in English, Spanish, and Portuguese, include certain disclosures in “clear and conspicuous” language, and be given either in hand or by registered or certified mail.
  • A condominium review board monitors all conversions; verifies income, handicap, and elderly status; hears complaints about violations; and issues conversion permits. In addition, no permit is to be granted if, within the prior 12 months, the owner has taken any action to circumvent the state or local condo law, including unreasonable rent increases, reduction or elimination of services, termination of tenancy without cause, or the imposition of new conditions of the tenancy. 
Newburyport

The Newburyport ordinance is intended to supplement the statewide law.49 The ordinance expands the notice requirements: all tenants have a right to at least a 2-year notice of conversion; and elderly, handicapped, and low- or moderate-income tenants have a right to at least 4 years' notice of conversion.

If there is a conflict between the Newburyport ordinance and the state law, the provisions that provide the strongest protections for tenants govern.

The ordinance applies to buildings with 4 or more units. It does not apply to rental housing constructed after October 31, 1988, the date the ordinance was enacted. All future residential rental units converted to condominiums are required to have new occupancy permits and new electrical inspections.

Newton

While Newton does not have any special condo law, it was granted special state enabling authority regarding condominium conversion in a very narrow context.50

If a special permit has to be obtained from the Board of Aldermen for use or development of an apartment building, garden apartment building, or other multi-family dwelling containing 3 or more units, conversion to condominiums may not occur without obtaining an additional special permit from the Board of Aldermen. Such a permit shall be granted only upon a finding that the public convenience is served by such a conversion and the permit may contain such conditions and limitations necessary to protect tenant rights as the Board deems reasonably necessary. However, this law took effect only if Newton accepted the grant of authority in 1974, and it is not clear that Newton ever did so.

Salem

In November 2024, Salem obtained home rule authority to enact a condominium conversion ordinance for buildings containing two or more residential units.51 The scope is broader than the statewide condo law, even as amended earlier in 2024, as it can extend to owner-occupied 2- and 3-family buildings. The law allows investigations and hearings on conversions or proposed conversion, a permit process, notification requirements, relocation costs, penalties for violations, and affords tenants and the City the right to purchase the property offered for sale.

Somerville

In 1980, Somerville passed a local ordinance requiring a removal permit for the conversion of rental units to condominiums. Because there was a question as to whether Somerville had the authority to enact this ordinance, in 1985 the City sought and obtained state legislation allowing it to regulate condominium conversions.52 This enabling legislation gave Somerville the authority to regulate condominium conversion more broadly than allowed under the state condominium conversion law. Somerville then re-enacted its ordinance (with some revisions) in 1985. Because of these enabling laws, Somerville could cover buildings with less than 4 units despite the limits on coverage in the state-wide law in effect until 2024.

In 2019, Somerville adopted significant amendments to its condominium conversion permit system, including enhanced relocation benefits and reaching back to determine if vacancies were the result of improper displacement.53 The 2019 ordinance was by and large left intact in a 2022 Superior Court ruling54 and was further amended in July 2023. Where the local ordinance applies, an owner intending to convert must give notice to the tenant 1 year prior to seeking to recover possession.55 An elderly, handicapped, or low- or moderate-income tenant56 must receive 5 years' condo conversion eviction notice (which may be extended up to 2 more years if the owner does not find the tenant comparable housing).57 A tenant has a 120-day right to purchase following the receipt of the notice to convert (or 180 days if elderly, disabled, or low/moderate income).58 If the tenant fails to make an offer at the end of 120/180 days, the converter may not sell the condominium at a price that is more favorable than the one offered to the tenant for the next 90 days. Tenants who do not purchase and move during the notice period have a right to relocation benefits These figures are annually adjusted by the Consumer Price Index.59 For moves between February 1, 2024 and January 31, 2025, the relocation benefits are $7,333.61 (or $12,222.70 if elderly, disabled or low/moderate income). Check the city’s website for the current relocation payment amounts. 

There is a condo review board that holds hearings and enforces compliance with the ordinance.

Endnotes
Notas finales
1:

 

26.  Chapter 527 of the Acts of 1983, Section 2 (approved November 30, 1983). Even if local legislation is adopted, certain of the statewide baseline protections cannot be altered. Thus, a city or town cannot extend protections to properties not covered by the statewide law, and additional protections for certain classes of properties—housing accommodations converted from non-housing to housing uses after November 30, 1983, or which were constructed or substantially rehabilitated pursuant to any federal mortgage insurance program, without any interest subsidy or tenant subsidy attached thereto, or financed through the Massachusetts Housing Finance Agency, with an interest subsidy attached thereto—are prohibited. Chapter 527 of the Acts of 1983, Section 2 (approved November 30, 1983)

27.  Cambridge formerly had local condominium conversion laws that were based on special rent control authority. When rent control was phased out in 1994-1996, Cambridge no longer had any basis for these protections. Cambridge has not yet adopted a local condo ordinance under the authority of the statewide condo law. Although an attempt was made in 2001 to pass a local ordinance, it did not obtain the necessary 2/3rds vote of the Cambridge City Council. Therefore, condo conversion protections in Cambridge are the same as those under the statewide law. Haverhill also had a condominium conversion ordinance in the past. Haverhill, Mass., Ordinances, c. 255 § 255 99A (2016). The condominium conversion permit system that had been established in 1985, however, was left out of the Haverhill Zoning ordinance (Chapter 255) when that law was overhauled in 2020. Similarly, Malden had eviction protections for tenants facing condominium conversion and has strong rules presuming that a conversion was taking place when certain conditions were met. Malden, Mass., Rev. Ordinances, c. 3 § 3.11 (2016). However, those protections are no longer included in Malden’s Municipal Code

28.  See Chapter 35, Article 3 of the General Bylaws of Abington. The Abington bylaw extends to buildings with three or more units; coverage of 3-unit buildings may exceed the enabling authority granted by the state condo law. Chapter 35, Article 4 of the General Bylaws of Abington.

29.  See Chapter 128 of the Acts of 1981 (approved May 8, 1981), as amended by Chapter 548 of the Acts of 1987 (approved December 8, 1987).

30.  Authorities on Massachusetts condominium laws have come to the same conclusion. See Brown & Keenan, Massachusetts Condominium Law, §9.04-H (2nd ed. 1996) (Somerville and Acton condo conversion enabling laws probably survived abolition of rent control). 

31.  Adopted at Amherst Town Meeting on March 29, 1984, as Article 1. Amherst, General Bylaws, Art. IV, Condominium and Cooperative Conversion, §§1-7.

32.  See Chapter 797 of the Acts of 1969 (approved August 24, 1969); Chapter 863 of the Acts of 1970.

33.  In 1985, Boston attempted to establish a removal permit system. The Supreme Judicial Court found that this system was not authorized by the city's rent control enabling law as it would provide protections which were not related to tenant displacement. See Greater Boston Real Estate Board v. City of Boston ("GBREB I"), 397 Mass. 870 (1986). Boston subsequently obtained additional home rule authority allowing it to regulate the conversion of apartments to condominiums. See Chapter 45 of the Acts of 1987 (approved May 6, 1987).

34.  G.L. c. 40P, often referred to as "Question 9," which was the number of the ballot initiative in 1994; see also Ash v. Attorney General, 418 Mass. 344 (1994) (finding that abolition of rent control in more than one community was a subject that could be put to statewide initiative); Massachusetts v. Tobias, 419 Mass. 665 (1995) (refusing to invalidate referendum results despite balloting problems).

35.  Chapter 282 of the Acts of 1994 (approved January 4, 1995).

36.  Both G.L. c. 40P and Chapter 282 of the Acts of 1994 (approved January 4, 1995) provided that condominium conversion protections authorized by Chapter 527 of the Acts of 1983 (approved November 30, 1983) were not barred by their general prohibitions on rent control and other tenant protections, so long as they were not part of a rent control scheme (i.e., laws that required below-market rents). Similarly, the Boston Housing Court found that Boston might be able to provide protections under Chapter 527 of the Acts of 1983 (approved November 30, 1983), as rent control protections ended. See Greater Boston Real Estate Board v. Boston Rent Equity Board, Boston Housing Court, 95-CV-00475 (Daher, C.J., June 26, 1995). “Moreover, the City and the Rent Board retain their authority to continue to regulate condominium conversions. The Rent Board derives such authority from St. 1983, c. 527, which statute expressly is excluded from the definition of ‘rent control’ in [c. 282]… . the City derived its authority, should it become necessary, from that Act as well as from the City’s original enabling statute. The provisions of [c. 282] that limit the powers of cities and towns to impose or enforce ‘rent control’ to ‘covered units’ and for prescribed periods of time do not apply to condominium conversions authorized under c. 527.…” 

37.  In Greater Boston Real Estate Board v. City of Boston, Boston Housing Court, 96-CV-0087 (Daher, C.J., Feb. 1, 1996), the Housing Court indicated that an ordinance adopted by the city in late 1995 (Chapter 9 of the Ordinances of 1995 of the City of Boston) might be invalidated on vagueness grounds. The City then withdrew that ordinance and adopted another in the spring of 1996 (Chapter 3 of the Ordinances of 1996 of the City of Boston). This ordinance was invalidated by the Housing Court (see Greater Boston Real Estate Board v. City of Boston, Boston Housing Court, 96-CV-00752 (Daher, C.J., Nov., 22, 1996)), and subsequently by the Supreme Judicial Court, because it extended protections to tenants who had moved into condominium units after they had been converted. This was found to be beyond the authority granted by Chapter 527 of the Acts of 1983 (approved November 30, 1983). The Supreme Judicial Court found that the remaining provisions of the ordinance could not be severed. See Greater Boston Real Estate Board v. City of Boston ("GBREB II"), 428 Mass. 797 (1999)

38.  See Chapter 8 of the Ordinances of 1999 of the City of Boston, as extended and revised by Chapter 12 of the Ordinances of 2004, Chapter 9 of the Ordinances of 2009, Chapter 16 of the Ordinances of 2014, and Chapter 3 of the Ordinances of 2021 (current version at . Municipal Code c. X, §10-2.10 (2006). 

39.  If an owner converted the property between the end of rent control and November 1999 and gave proper notice to the tenants under the statewide law, the notice period might be limited to the statewide period, but only if the owner filed papers saying this with Boston's Rental Housing Resource Center by January, 2000. See Municipal Code, c. X, § 10-2.13.B (1999)

40.  Relocation benefits were increased in An Ordinance Extending and Enhancing Protections for Tenants Facing Displacement by Condominium or Cooperative Conversion, Ordinances 2021 - Chapter 3 (Adopted by the Boston City Council, March 3, 2021 and approved by the Mayor, March 8, 2021).

41.  The 2014 amendment to Boston’s condo ordinance changed the designation from the Rental Housing Resource Center to the Rental Housing Center. In 2021 this responsibility was shifted to the City’s Office of Housing Stability. 

42.  See Chapter 601 of the Acts of 1981 (effective November 27, 1981)

43.  See Article XXXIX and XXXIX-A of the Bylaws of the Town of Brookline, Conversion of Multifamily Rental Housing and Condominium Conversion Protection for Non-Controlled Tenants (1986). 

44.  See Chapter 282 of the Acts of 1994, Section 3 (approved January 4, 1995), which defined, as part of rent control, "the conversion of such housing accommodations to the condominium or cooperative form of ownership," and specifically included Chapter 601 of the Acts of 1981 (approved November 27, 1981) as part of the regulatory scheme being eliminated. On the other hand, the non-rent-controlled conversion permit system would not appear to have been barred by G.L. c. 40P.

45.  See Brookline, Mass., General Bylaws §5.2 (2020)

46.  Lexington, Mass., Code c. 63 (2015) (adopted May 13, 1987, and approved by the Attorney General, August 17, 1987). This was amended in 2019 to allow the Select Board itself to serve as the Condominium Conversion Board which they were doing as of November 1, 2024.

47.  See Chapter 270 of the Code of the City of Marlborough, Article IV (formerly Chapter 63, §§132-134 and 136-140, including §127A as added in July 2005, of the Code of the City of Marlborough). 

48.  See New Bedford, Mass., Code of Ordinances, c. 13, §13-5 (2016) (enacted by Ordinances of Jan. 14, 1988, §1). 

49.  Newburyport, Mass., Code of Ordinances, c. 5, Art. VIII (2016).

50.  See Chapter 847 of the Acts of 1974 (approved August 14, 1974). Special permits are usually required where housing development is denser than is usually permitted under local zoning laws. See G.L. c. 40A, §9; Middlesex & Boston St. Ry. Co. v. Board of Aldermen of Newton, 371 Mass. 849 (1977).

51.  An Act relative to a condominium conversion ordinance in the city of Salem, Chapter 228 of the Acts of 2024 (approved on and effective as of November 8, 2024).

52.  This legislation, Chapter 218 of the Acts of 1985 (approved July 31, 1985), was obtained through a home rule amendment and took the form of an amendment to Chapter 37 of the Acts of 1976 (approved March 31, 1976), which was a prior rent control enabling law for Somerville. However, the 1985 enabling act provided authority independent of rent control, which survived the abolition of rent control in 1994.

53.  Somerville Ord. No. 2019-06 (March 2019) as amended by Somerville Ord. No. 2020-12, codified at Somerville Code of Ordinances, Part II, Chapter 7, Article IV (section 7-61 through 7-71). It was further amended on July 13, 2023 by Somerville Ordinance No. 2023-17 (which is not yet codified but available on the city’s website). 

54.  Bremis v. City of Somerville, Middlesex Superior Court No. 1981-CV-2114 (Sarrouf, J., July 26, 2022). Section 7-64(4)(1), paragraph 2 and Section 7-64(4)(b) (relating to the city or its designee’s right to purchase) were declared invalid and were removed by Ordinance 2023-17.

55.  Section 7-64(a)(2)(B).

56.  The definition of elderly (age 65 or older), disabled (physical or mental), and low-to-moderate income (at or below 80% of the area median income) are found in Section 7-63.

57.  Section 7-64 (a)(2)(B)(I) [5 years] and (G) [two year extension].

58.  Section 7-64(d). This does not apply where owner intends to transfer condo unit to certain relatives.

59.  Section 7-64(e). 

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