Fitchburg, Mass., Code of Bylaws ch 79 § 79-7
Unreasonable rent increases (Fitchburg Condominium Conversion)
Operative Text
In the City of Fitchburg, in a building for which a master deed has been recorded or a cooperative incorporated, if the rent charged for a rental housing unit has been increased, it shall be an absolute defense to an action brought to recover possession of such unit for nonpayment of rent, based on failure of the tenant to pay such increase, if a court determines that the amount of such increase was unconscionable and was intended to enable the landlord to recover possession the rental housing unit for the purpose of facilitating the conversion of the same to condominium or cooperative ownership or use or occupation of said rental housing unit by a condominium or cooperative owner.
Fitchburg, Mass., Code of Bylaws CH. 79 § 79-7 addresses rent increases in buildings where a master deed has been recorded or a cooperative has been incorporated. Under this provision, if a court finds that a rent increase was both unconscionable and designed to push a tenant out so the landlord could convert the unit to condominium or cooperative ownership, the tenant's failure to pay that increase cannot be used as a valid basis for eviction. In other words, an improperly motivated and excessive rent hike in a conversion-eligible building does not automatically give a landlord grounds to reclaim the unit for nonpayment.
Plain English — not legal advice.
Property owners and managers operating in buildings subject to CH. 79 § 79-7 — those with a recorded master deed or an incorporated cooperative — generally ensure that any rent increase is grounded in legitimate, documentable business reasons unrelated to facilitating a condominium or cooperative conversion. Compliant operators typically maintain records showing that increases reflect market conditions, operating costs, or other standard factors rather than an intent to displace tenants for conversion purposes. Rent increases that a court could characterize as unconscionable and conversion-motivated expose landlords to losing eviction actions based on nonpayment of that increase.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 79 § 79-7 of the Fitchburg Code of Bylaws gives tenants in condominium- or cooperative-conversion buildings a potential defense if they are taken to court for not paying a rent increase. If a court determines the increase was unconscionable and was intended to force the tenant out to facilitate a conversion, that finding can serve as an absolute defense against the eviction action. Tenants who believe a rent increase may fall under this provision can explore their options by contacting a local tenant-rights organization or legal aid office familiar with Fitchburg housing law.
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.
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