Boston Municipal Code ch. 10-2 § 10-2.5

(A) General adjustments .
(1) Commencing in 1985, the Board shall annually adjust the maximum rent established pursuant to Subsection 10-2.4 by percentage, for all controlled housing accommodations which have not received an adjustment during the prior calendar year and which are in compliance with Chapter II of the commonwealth’s Sanitary Code, being 105 CMR 410. Each such maximum rent shall be adjusted in an amount equal to the percentage increase or decrease in the consumer price index during the prior calendar year, said adjustment to become effective on June 1 of each year commencing on June 1, 1985.
(2) The Board may, by order or regulation as provided in Subsection 10-2.7, make such other general adjustments, either upward or downward, in the maximum rent established by Subsection 10-2.4 for all controlled housing accommodations or any class thereof as may be necessary to remove hardships or to correct other inequities, and in so doing, shall observe the principle of maintaining maximum rents for controlled housing accommodations at levels which will yield to landlords a fair net operating income from such housing accommodations.
(3) The Board shall cause a notice of any such general adjustment of maximum rents for controlled housing accommodations to be published three times in at least one newspaper of general circulation in the city at least 30 days prior to the effective date thereof and shall send to all landlords of controlled housing accommodations a copy of said notice by first-class mail.
(B) Individual adjustments . The Board shall by order as provided in Subsection 10-2.7, make such individual adjustments, either upward or downward, of the maximum rents established by Subsection 10-2.4, or as adjusted pursuant to division (A) above, for any controlled housing accommodation as may be necessary to remove hardships or to correct other inequities, and in so doing, shall observe the principle of maintaining maximum rents for controlled housing accommodations which will yield to landlords a fair net operating income from such housing accommodations.
(C) Fair net operating income . In determining whether the maximum rent for a controlled housing accommodation yields a fair net operating income, the Board shall consider, without limitation, the following relevant factors:
(1) Increases or decreases in property taxes;
(2) Unavoidable increases or any decreases in operating and maintenance expenses;
(3) Capital improvement of the controlled housing accommodation;
(4) Increases or decreases in living space or housing services; and
(5) Substantial deterioration of the controlled housing accommodation, other than ordinary wear and tear, or failure to perform ordinary repair, replacement or maintenance.
(D) Rent adjustment schedule. For the purposes of adjusting rents under the provisions of division (B) above, the Board may promulgate a schedule of standard rental increases or decreases for improvement or deterioration of specific housing services.
(E) Denial of adjustment . Notwithstanding any other provisions of this Subsection, the Board may deny or refuse to grant any upward adjustment of the maximum rent for a controlled housing accommodation, if, upon petition of the tenant, it determines that the affected controlled housing accommodation does not comply with Chapter II of the commonwealth’s Sanitary Code, being 105 CMR 410, or the commonwealth’s Building Code, being 780 CMR, or the Boston Fire Prevention Code or any other applicable municipal code, ordinance or commonwealth law, regulating the conditions or occupancy of housing accommodations. The Board may refuse to make a downward adjustment of the maximum rent for a controlled housing accommodation if it determines that the tenant is more than 60 days in arrears in tendering rent for such housing accommodation, unless such arrearage is due to a withholding of rent pursuant to the provisions of M.G.L. Chapter 111, Section 127L or Chapter 239, Section 8A. For the purposes of this division (E), an inspection report of a Board inspector or of any authorized commonwealth or city inspector or investigator shall be prima facie evidence that the conditions or lack of compliance reported exists.
(F) Maximum rent levels. The Board may remove maximum rent levels established pursuant to Subsections 10-2.4, 10-2.5 or 10-2.7, for any class of controlled housing accommodations if, in its judgment, the need for continuing such maximum rental levels no longer exists because of sufficient construction of new housing accommodations, the rental levels for which are comparable to the rental levels of the class of controlled housing accommodations for which the maximum rental levels are to be discontinued or because the demand for housing accommodations has otherwise been met. Any maximum rental level removed pursuant to this division (F) shall be reimposed or adjusted and reimposed upon a finding by the Board that a substantial shortage of housing accommodations exist and that such reimposition is necessary to serve the public interest. Any action under this division (F) shall be subject to the hearing and notice requirements of Subsection 10-2.7(B).
(Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 5; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; CBC 1985 10-2.5) Penalty, see Subsection 10-2.17
Cross-reference:
Fire Prevention Code, see § 11-5