Just cause eviction ordinance - Revision history

Tim at 20:27, 8 March 2016

2016-03-08T20:27:02Z

← Older revision		Revision as of 16:27, 8 March 2016
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	{{:Tim's summary of just cause eviction law}}		{{:Tim's summary of just cause eviction law}}

			{{:tenants survey on proposed just cause eviction law}}

Tim: /* 7 - Remedies. */

2016-03-08T20:21:59Z

7 - Remedies.

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	==7 - Remedies.==		==7 - Remedies.==
			<b><i>
	A. Remedies for violation of mediation requirement in no fault evictions as described in Subsection 6(9) (a-j)		A. Remedies for violation of mediation requirement in no fault evictions as described in Subsection 6(9) (a-j)

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	C. It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Subsection 6(A) [6 A].		C. It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Subsection 6(A) [6 A].
			</i></b>

	==8. Exemption ==		==8. Exemption ==

Tim: /* 6 B landlord gotcha's */

2016-03-08T20:20:33Z

6 B landlord gotcha's

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	===6 B landlord gotcha's===		===6 B landlord gotcha's===
			<b><i>
	B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A) [6 A]:		B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A) [6 A]:

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	:3. Where a landlord seeks to evict a tenant under a cause ground, she or he must do so according to procedure established in all applicable Massachusetts and municipal ordinances for landlord tenant disputes including, but not limited to, MGL c. 239, MGL c. 121B,s.32 MGL c. 121B, s.32 MGL c. 139, s.19 MGL c. 184, s.18 MGL 186, MGL c. 186, s.13 MGL c. 186, s.13A MGL c. 186, s.14.		:3. Where a landlord seeks to evict a tenant under a cause ground, she or he must do so according to procedure established in all applicable Massachusetts and municipal ordinances for landlord tenant disputes including, but not limited to, MGL c. 239, MGL c. 121B,s.32 MGL c. 121B, s.32 MGL c. 139, s.19 MGL c. 184, s.18 MGL 186, MGL c. 186, s.13 MGL c. 186, s.13A MGL c. 186, s.14.

	:4. Subsection 6(B)(3) [6 B.3] shall not be construed to obviate the need for a notice terminating tenancy to be stated in the alternative where so required under all application Massachusetts and Municipal Ordinances for landlord tenant disputes.		:4. Subsection 6(B)(3) [6 B.3] shall not be construed to obviate the need for a notice terminating tenancy to be stated in the alternative where so required under all application Massachusetts and Municipal Ordinances for landlord tenant disputes.</i></b>

	==7 - Remedies.==		==7 - Remedies.==

Tim: /* 6 A. No landlord shall endeavor to recover possession...unless */

2016-03-08T20:19:45Z

6 A. No landlord shall endeavor to recover possession...unless

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	:::i No fault notice to quit.		:::i No fault notice to quit.
	:::ii Notice of rent increase.		:::ii Notice of rent increase.
	:::iii Notice of lease expiration.~~</i></b>~~		:::iii Notice of lease expiration.

	===== 6 A.9.b,c landlord is required to=====		===== 6 A.9.b,c landlord is required to=====
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	::j. The landlord must file the original mediation completion certificate with the summons and complaint in order to proceed with a no fault eviction.		::j. The landlord must file the original mediation completion certificate with the summons and complaint in order to proceed with a no fault eviction.
			</i></b>

	===6 B landlord gotcha's===		===6 B landlord gotcha's===

Tim at 20:18, 8 March 2016

2016-03-08T20:18:28Z

← Older revision		Revision as of 16:18, 8 March 2016
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	WHEREAS, rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income over $55,000 to afford this rent without being “rent burden e d,” that is paying over one -third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year, and		WHEREAS, rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income over $55,000 to afford this rent without being “rent burden e d,” that is paying over one -third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year, and

	WHEREAS, developers have changed the landscape of the city, displacing residents. For example, in Chinatown, over 2000 units of luxury units have been built in and around a traditionally low income, Chinese immigrant community. These luxury units are not affordable for the long-term residents of Chinatown.These luxury units are not affordable for the long-term residents of Chinatown, and		WHEREAS, developers have changed the landscape of the city, displacing residents. For example, in Chinatown, over 2000 units of luxury units have been built in and around a traditionally low income, Chinese immigrant community. These luxury units are not '''''affordable for the long-term residents''''' of Chinatown.These luxury units are not affordable for the long-term residents of Chinatown, and

	WHEREAS, the Commonwealth of Massachusetts and the City of Boston seeks to expand affordable housing in Boston, and		WHEREAS, the Commonwealth of Massachusetts and the City of Boston seeks to expand affordable housing in Boston, and
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	===== 6 A.9.a no-fault mediation aplies when =====		===== 6 A.9.a no-fault mediation aplies when =====
			<b><i>
	::a. If a landlord sends any of the following notices to a tenant, this section applies:		::a. If a landlord sends any of the following notices to a tenant, this section applies:
	:::i No fault notice to quit.		:::i No fault notice to quit.
	:::ii Notice of rent increase.		:::ii Notice of rent increase.
	:::iii Notice of lease expiration.		:::iii Notice of lease expiration.</i></b>

	===== 6 A.9.b,c landlord is required to=====		===== 6 A.9.b,c landlord is required to=====

Tim at 18:49, 8 March 2016

2016-03-08T18:49:50Z

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	==10 - Partial invalidity. ==		==10 - Partial invalidity. ==
	If any provision of this chapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this chapter are severable		If any provision of this chapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this chapter are severable

			{{:Tim's summary of just cause eviction law}}

Tim at 18:45, 8 March 2016

2016-03-08T18:45:36Z

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	"Qualified relative” means the owner of record's spouse, domestic partner, child, parent, grandparent, or grandchild . "Rent" means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair value of goods or services rendered to or for the benefit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. "Rental Agreement" means an agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. "Rental Housing Resource Center" means the city of Boston’s Rental Housing Resource Center.		"Qualified relative” means the owner of record's spouse, domestic partner, child, parent, grandparent, or grandchild . "Rent" means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair value of goods or services rendered to or for the benefit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. "Rental Agreement" means an agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. "Rental Housing Resource Center" means the city of Boston’s Rental Housing Resource Center.

	'''"Rent increase” means any notice from the owner of record to increase the monthly rental amount, or provision of any new lease that has higher rental payments than the previous lease, as long as the increase in the monthly rental amount is greater than a 5 percent increase.'''		'''''"Rent increase” means any notice from the owner of record to increase the monthly rental amount, or provision of any new lease that has higher rental payments than the previous lease, as long as the increase in the monthly rental amount is greater than a 5 percent increase.'''''

	"Rental Unit" (aka Unit, aka Premises) means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.		"Rental Unit" (aka Unit, aka Premises) means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.

Tim at 18:45, 8 March 2016

2016-03-08T18:45:00Z

← Older revision		Revision as of 14:45, 8 March 2016
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	"Qualified relative” means the owner of record's spouse, domestic partner, child, parent, grandparent, or grandchild . "Rent" means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair value of goods or services rendered to or for the benefit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. "Rental Agreement" means an agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. "Rental Housing Resource Center" means the city of Boston’s Rental Housing Resource Center.		"Qualified relative” means the owner of record's spouse, domestic partner, child, parent, grandparent, or grandchild . "Rent" means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair value of goods or services rendered to or for the benefit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. "Rental Agreement" means an agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. "Rental Housing Resource Center" means the city of Boston’s Rental Housing Resource Center.

	"Rent increase” means any notice from the owner of record to increase the monthly rental amount, or provision of any new lease that has higher rental payments than the previous lease, as long as the increase in the monthly rental amount is greater than a 5 percent increase.		'''"Rent increase” means any notice from the owner of record to increase the monthly rental amount, or provision of any new lease that has higher rental payments than the previous lease, as long as the increase in the monthly rental amount is greater than a 5 percent increase.'''

	"Rental Unit" (aka Unit, aka Premises) means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.		"Rental Unit" (aka Unit, aka Premises) means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.

Tim at 18:43, 8 March 2016

2016-03-08T18:43:31Z

← Older revision		Revision as of 14:43, 8 March 2016
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	Just cause eviction ordinance		=Just cause eviction ordinance draft September 2015=
	WHEREAS, Rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income of over $55,000 to afford this rent without being “ren t burdene d,” that is paying over one-third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year.		WHEREAS, Rents and costs of living have risen while incomes have remained stagnant. For example, in Roxbury, the average rent for a one-bedroom is over $1,400 a month. A household would need an annual income of over $55,000 to afford this rent without being “ren t burdene d,” that is paying over one-third of their income for housing. But median income in Roxbury, a majority Black and Latino neighborhood, is $32,000 a year.

Tim: /* 6 B landlord gotha's */

2016-03-08T18:42:52Z

6 B landlord gotha's

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	::j. The landlord must file the original mediation completion certificate with the summons and complaint in order to proceed with a no fault eviction.		::j. The landlord must file the original mediation completion certificate with the summons and complaint in order to proceed with a no fault eviction.

	===6 B landlord ~~gotha~~'s===		===6 B landlord gotcha's===
	B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A) [6 A]:		B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A) [6 A]: