Fitchburg, Mass., Code of Bylaws ch 79 § 79-5
Public hearing; determination (Fitchburg Condominium Conversion)
Operative Text
A. Within 60 days but no less than 14 days after the submission of an application, the Council shall hold a public hearing to determine whether: (1) All of the requirements of § 79-4 have been met, and (2) A hardship exists on the part of any tenant. B. If the Council determines that each requirement of § 79-4 has been met, the Clerk shall issue a permit to the applicant within 14 days of the date of the Council's final decision. A copy of the permit shall be mailed by the Clerk to the tenant of the rental housing unit for which the permit has been granted. If the Council determines that any requirement of § 79-4 has not been met, the Council shall deny the application and the Clerk shall notify the applicant in writing within 14 days of the denial and the reason or reasons for the denial. Upon receipt of a permit, an applicant may convert the rental housing unit in accordance with this chapter and regulations issued pursuant thereto. Failure of the Council to take final actions within 90 days following the public hearing shall be deemed to be a grant of the permit applied for, and the applicant shall be entitled to whatever documents are necessary to evidence such permit. Notwithstanding anything contrary to the above, the applicant may waive the ninety-day time limit.
Fitchburg, Mass., Code of Bylaws CH. 79 § 79-5 establishes the process by which the City Council reviews applications to convert rental housing units. After an application is submitted, the Council must hold a public hearing—no sooner than 14 days and no later than 60 days after submission—to assess whether the applicant has satisfied all requirements under § 79-4 and whether any tenant would face hardship. If the Council approves the application, a permit is issued within 14 days; if denied, the applicant receives written notice of the reasons. Notably, if the Council fails to act within 90 days after the public hearing, the permit is automatically deemed granted unless the applicant voluntarily waives that deadline.
Plain English — not legal advice.
Under CH. 79 § 79-5, operators seeking a conversion permit generally ensure their application fully satisfies the requirements of § 79-4 before the public hearing, since any unmet requirement is grounds for denial. Compliant applicants typically track the Council's 90-day post-hearing window, understanding that inaction by the Council within that period constitutes an automatic permit grant—though the applicant may choose to waive that deadline. Once a permit is issued, the Clerk mails a copy to the affected tenant, and conversion may proceed in accordance with the chapter and any related regulations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 79 § 79-5 gives tenants a meaningful role in the conversion process: the Council is required to consider whether a hardship exists for any tenant before approving a permit, and tenants generally have the opportunity to be heard at the public hearing scheduled under this provision. If a permit is granted, the Clerk is required to mail a copy directly to the tenant of the affected unit, providing formal notice of the decision. Tenants who believe the Council failed to properly evaluate hardship or the requirements of § 79-4 may wish to consult a tenant-rights organization or legal aid resource familiar with Fitchburg's rental housing regulations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.