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2019-Condo Conversion Admendments April 2020 — File 210067

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CITY OF SOMERVILLE ORDINANCE NO. ________ IN THE CITY COUNCIL: __________ AN ORDINANCE AMENDING THE CITY OF SOMERVILLE CODE OF ORDINANCES CHAPTER 7, ARTICLE IV, IN SECTIONS 7-63 AND 7-67, AND ADDING SECTION 7-70 AND 7-71. Be it ordained by the City Council, in session assembled, that the Code of Ordinances of the City of Somerville are hereby amended as follows: 1) Section 7-63 of the Code of Ordinances is hereby amended by revising one sentence within the definition of ‘Condominium or Cooperate Conversion Eviction’ to read as follows: “If an (removal of the word ‘prior’) owner (addition of the words ‘intends to’) intends to transfer property to a prospective purchaser…and such (removal of the word ‘prior’) owner seeks to evict…” 2) Section 7-63 of the Code of Ordinances is hereby amended by adding the following to the definition of ‘Housing Accommodation… (iv) single family dwellings’ to read as follows: “(iv) single family dwellings; except where additional units will be added to the same property and the existing single family dwelling will thus be one of multiple condominium units within a condominium association.” 3) Section 7-67(3) of the Code of Ordinances is hereby amended as follows: By removing the words "or leased by proprietary lease to a bona fide lessee” from item (2) of the paragraph to read: (2) the unit for which a Conversion Permit has been granted has not been sold to a bona fide purchaser or leased by proprietary lease to a bona fide lessee within 2 years after the date of the granting of said Permit. 4) Section 7-70 of the Code of Ordinances is hereby added, to read as follows: “SECTION 7-70. Annual Reporting. The board shall submit an annual report to the City Council which provides comprehensive data and other documentation on the development of conversion
condominiums in the city and the implementation of this ordinance.” 5) Section 7-71 of the Code of Ordinances is hereby added, to read as follows: “SECTION 7-71.Penalties for Violation. Any person who violates a provision of this ordinance which is promulgated pursuant to St. 1983, c. 527, shall be punished by a fine of not less than one thousand dollars. Each violation of any provision shall constitute a separate offense. In the alternative, any person who violates this ordinance shall be punished by a fine in accordance with the provisions of Section 1-11 of the Somerville Code of Ordinances. Nothing in this ordinance shall preclude a tenant from seeking civil remedies for violation of this ordinance as permitted by law. Any violation of this ordinance by an owner 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. The Somerville District Court, Eastern Division of the Housing Court, and the Middlesex Superior Court shall have jurisdiction over an action arising from any violation of this ordinance and shall have jurisdiction in equity to restrain or remedy any such violation. The City shall be entitled to initiate such actions.” Approved: _____________________ President City Council