Lexington, Mass., Code of Bylaws ch 144 § 144-5

A. License required. No condominium or cooperative conversion eviction shall be instituted against any elderly, handicapped, or low- or moderate-income tenant unless the owner or purchaser seeking to evict any such tenant shall have first secured an eviction license from the Board. The Board shall grant an eviction license, provided the applicant has complied with all requirements of federal, state, and local law and regulations, and with the requirements of these regulations. No eviction license shall be granted unless (a) either the conversion occurred prior to May 13, 1987, or a valid conversion license has been issued for the subject housing accommodation, and (b) either a binding purchase and sale agreement for the subject housing accommodation unit has been validly executed or the owner in good faith desires to occupy the subject housing accommodation unit. Any tenant or group of tenants who first becomes entitled to occupy a housing accommodation after the date of the conversion of such housing accommodation prior to the adoption of this by-law or the granting of any conversion license for such housing accommodation shall not be entitled to the protections afforded by the by-law or these regulations. B. License applications. Applications for eviction licenses shall be made on forms established by the Board. Application forms shall be signed by the applicant and shall be accompanied by the following materials: (1) A copy of the conversion license previously granted by the Board or evidence that the conversion occurred prior to May 13, 1987; (2) Evidence reasonably satisfactory to the Board that the applicant has complied with all applicable provisions of Chapter 527 of the Acts of 1983, as amended, as can be satisfied prior to the eviction of the tenant, specifically including written evidence that the condominium or cooperative unit was offered for sale to the tenant and that the tenant has waived his or her right to acquire such unit; and (3) Such other information as the Board may from time to time require. C. Public hearing notice. Upon receipt of (a) the completed eviction license application, (b) the materials described in Subsection B , and (c) a copy of an executed, binding purchase and sale agreement covering the subject housing accommodation, or an affidavit from the owner as to his or her desire to occupy said accommodation, as the case may be, and upon payment of the application filing fee as provided in § 144-9 , the Board shall serve notice of a public hearing to all tenants of the subject housing accommodation whose eviction the applicant seeks by certified or registered mail, return receipt requested, and by publication in a newspaper of general circulation within the Town. D. Form of notice. The notice of the public hearing shall schedule the date for a public hearing not less than 30 days nor more than 60 days from the date of that notice. By agreement of a majority of the Board and the applicant, the public hearing may be reasonably postponed for up to an additional 60 days beyond the initial public hearing date; provided, however, that no postponement shall be made during the seven days prior to the public hearing. In the event of a postponement, the Board shall renotify the parties entitled to receive notice pursuant to Subsection C and shall republish the notice of the public hearing in the same newspaper. E. Decisions. Except as provided for in this section, the Board shall issue a written decision within 60 days of the public hearing, which shall be duly filed with the Town Clerk and served to the applicant and all tenants entitled to receive notice pursuant to Subsection C hereof by certified or registered mail, return receipt requested. In the event that the Board does not issue a written decision within 60 days of the public hearing, the Board shall be deemed to have granted the eviction license requested. F. Eviction license conditions. (1) Any eviction license issued by the Board may contain reasonable conditions for the protection of tenants. The Board shall consider the following factors in determining whether to impose any conditions and in deciding what conditions may be appropriate in connection with a particular eviction: (a) The hardships on the tenant and the owner or purchaser of the unit, including, but not limited to, finances, health, age, family problems, and the desirability of tenant children continuing to attend Town schools; (b) The availability of affordable housing for the tenant in the Town; and (c) The housing situation of the owner or purchaser of the unit. (2) Eviction license conditions may include, but are not limited to: (a) Prohibiting the eviction for a period of time, not less than one year or any other period of time to which the tenant is entitled under the provision of any other law, court decision, regulation, or by-law, and not more than a period of five years from the date of the application for a license to evict. (b) Requiring the applicant to extend the rental agreement for a period of time not less than one year or any other period of time which the tenant is entitled to under the provision of any other law, court decision, regulation, or by-law, and not more than a period of five years from the date of the application for a license to evict, as provided for in § 144-6 . (3) Such conditions imposed by the Board on an eviction license shall be in addition to, and not in limitation of, any right, protection, or benefit available to any tenant under any statute of the commonwealth or court decision.