Somerville Code of Ordinances ch. 7, art. IV § 7-65

(a) Application for conversion permits and granting of conditional/preliminary permits.

(1)

Any owner who has an intent to convert a tenant occupied housing accommodation shall concurrently provide notice of intent to convert to the review board staff and tenant as required in section 7-64 (a). In addition, the owner shall, within 30 days of service of said notice, submit to the review board staff a fully completed application, including all required tenant and other documentation, for a conversion permit.

(A)

Any new notice of intent to convert shall be provided as required under section 7-64 (a) to tenant(s) and the board if more than 30 days has elapsed between the original notice and the submission of a completed application.

(I)

If a new notice of intent to convert is provided, all timelines for actions required by this ordinance shall be calculated based on the date of service of this new notice.

(2) Any owner who has an intent to convert an unoccupied housing accommodation shall provide notice to the review board on an application form provided by the board.
Upon submission of a completed application for a conversion permit, a hearing will be scheduled for an upcoming regularly scheduled review board meeting. For tenanted or formerly tenanted units, the review board shall be responsible for giving written notice at least two weeks in advance to the tenant(s) and former tenant(s) stating the date, time, and place of any hearing regarding the housing accommodation in which such tenants reside or formerly resided. For non-tenanted units, the review board's written notice date shall comply with Massachusetts open meeting law requirements. At such hearing the owner shall appear, and tenants may appear and testify, if so desired. The review board, after reviewing relevant documents and any testimony will render a determination regarding whether the actions taken by the owner thus far comply with this ordinance. In addition, the review board shall review with any tenants present their rights afforded by this ordinance. If the review board agrees that the owner has complied with its obligations under this ordinance a permit shall be issued .

(3) Permit types issued include, but are not limited to, the following:

(A)

Conditional/preliminary rental conversion permit

(B) Conditional/preliminary non-rental conversion permit

(C) Final conversion permit

(D) Courtesy conversion permit

(4) Conditional/preliminary permits shall indicate if the unit is tenanted and the expiration date of any applicable notice period. An owner may not seek a final conversion permit until the tenant has vacated the unit or the notice period has expired, whichever comes first.

(A)

Where a tenant has relinquished their right to purchase their unit pursuant to section 7-64 (d) an owner who has received a conditional/preliminary permit may sell the unit to any other purchaser prior to issuance of a final conversion permit only under the condition that the new owner takes the unit subject to the tenant’s rights under this ordinance including, but not limited to, the right to remain in their unit for the remainder of any notice period, payment of relocation expenses and the duty to find comparable housing. In order to effectuate such a sale the owner must provide to the review board and the tenant a sworn document signed by the then current and future owners stating that the purchaser stands in the shoes of the prior owner and that they must fully comply with all obligations of the owner under this ordinance.

(B) If at any point a tenant or an owner believes the other has not complied with their obligations under this ordinance, they may request a hearing before the review board. The review board will notify the tenant, all other building tenants also undergoing conversion and the owner of the time and date of the hearing. The party that requested the hearing must appear and the other party may appear at such hearing and may testify.

(b) Conversion permit timeline.

(1)

An owner may not engage in a condominium conversion eviction of a tenant or sell a unit for immediate occupancy by the purchasing owner prior to the granting of a final conversion permit by the board.

(2) An owner of a unit that was occupied at the time the notice of intent was provided to the review board may request a conversion permit on a form provided by the review board no sooner than the earlier of: (A) the expiration of the notice period; (B) when the tenant vacates the premises, provided such vacation of the premises was fully knowing and voluntary; or (C) when the tenant purchases the unit.

(3) An owner of a unit that was vacant at the time the notice of intent to convert was provided to the review board may request a conversion permit on a form provided by the review board at the end of any required waiting period.

(4) In addition to other documentation required for a conditional/preliminary permit or a final conversion permit, an owner applying for a permit shall submit with the application a complete list of names and contact information of: (I) current tenants; (II) former tenants who vacated during the previous 12 months, if known, or reasonably discoverable in the exercise of due diligence; (III) any tenant who was evicted during the previous 12 months along with a copy of the summons and complaint; and (IV) any tenants who received a notice to quit or a notice of rent increase during the previous 12 months, with a copy of the notice to quit or the notice of rent increase.

(5) A conversion permit shall be granted where all documents required by the review board have been submitted and the review board has made a determination after a hearing, of which notice has been provided to the owner and tenants as required by section 7-65(a)(2), that the requirements of sections 7-64 (a)(2) in the case of a housing accommodation have been met.

Notwithstanding the above, the review board may deny a conversion permit where documentation is incomplete in any material respect. The review board may also impose reasonable conditions on the granting of a permit. The review board may deny a conversion permit where it has made a determination that any document or statement is false in any material respect. In addition, the review board, in its discretion, may deny a conversion permit if the review board finds that the owner has taken any action to circumvent the state or local condominium law, including, but not limited to, unreasonable rent increases, reduction or elimination of services, termination of tenancy without cause, or the imposition of new conditions of the tenancy. The review board may revoke a conversion permit previously granted where it makes a determination that any document or statement was false in any material respect at the time of the review board’s decision to grant the conversion permit. The review board shall have the power to require the submission of additional documentation, including without limitation, purchase and sale agreements, deeds, agreements with real estate brokers, and/or cancelled checks, if in the review board’s reasonable judgment, such documentation is necessary to ensure the fairness of its deliberations. The review board may, in its discretion, continue a hearing. A decision shall be rendered by the review board within 60 days of the close of the hearing.

(c) Deed restricted affordable unit .

(1)

For any conversion that will include a unit that will be deed restricted for affordability, an affordable housing implementation plan (AHIP) for the affordable unit, approved at the discretion of the director of housing, must be agreed to and signed by the applicant and director of housing.

(2) The review boards shall require applicants to execute and record a deed restriction limiting the sale or rental of affordable units to eligible households in perpetuity with the Middlesex South Registry of Deeds, or filed with the Land Registration Office, and submit a final AHIP to the director of housing for approval as a condition of any conversion permit approval.

(d) Conversion permit expiration.

(1)

A conditional/preliminary conversion permit shall lapse and the owner shall reapply for a new permit subject to the then current provision of this ordinance or any successor ordinance, on the last day of the month a unit's notice period expires, or, if a unit does not have a notice period, on the last day of the month one year from date of issuance, unless a final permit has been requested on a form provided by the board.

(2) A final conversion permit shall lapse by operation of law and the owner shall reapply for a new permit subject to the then current provisions of this ordinance or any successor ordinance in the case of either of the following:

(A)

the owner has failed to file a master deed within one year after the date on which the conversion permit has been granted;

(B) the unit for which a final conversion permit has been granted has not been sold to a bona fide purchaser for fair market value in an arm's length transaction within two years after the date of the granting of said permit;

(I)

Where a tenant in a unit within the same housing accommodation is entitled to enhanced protections under this ordinance, an owner may extend the date by which non-entitled units within the same housing accommodations are required to be sold to be the lesser of either (i) the date the entitled unit must be sold by, or (ii) six years after the non-entitled unit receives a final permit. Owners shall notify board staff if they are seeking this extension when requesting a final permit for non-entitled unit(s).

(C) When a unit is intended to be sold to family within the fourth degree of kindred but the sale is not executed within six months of the final permit being issued, or if said family member does not maintain ownership for at least two years after the sale. The owner shall submit proof of filing of the master deed and proof of sale of each unit to review board staff within thirty days of each occurrence.

(D) Where a deed restriction limiting the sale or rental to eligible households is not recorded prior to the issuance of a certificate of occupancy, or a certificate of occupancy is not required, prior to the initial sale of the unit as a condominium.

(3) A final conversion permit shall not lapse in the following circumstances:

(A)

When a unit is excluded from the two-year notice period under section 7-64 (a)(1)(B) and the unit continues to be occupied by an owner, or a non-rent paying tenant or occupant, as their primary place of residence.

( Ord. No. 2019-06 , 3-28-2019; Ord. No. 2020-12 , 5-14-2020; Ord. No. 2023-17 , 7-13-2023; Ord. No. 2025-18 , 8-28-2025 )

Editor's note- Ord. No. 2023-17, adopted July 13, 2023, reorganized §§7-65-7-67. This section 7-65 was previously 7-67.