Wednesday, July 12, 2023 at 6 PM

Agenda 1 items

1. 23-1104 Mayor's Request Recommended to be approved as amended

   Requesting ordainment of an amendment to Sections 7-63 through 7-67 of the Code of Ordinances, the Condominium Conversion Ordinance.

   {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Chair Davis explained that one of the main reasons for amending the ordinance is to remove the city\rquote s right to purchase, as that provision was challenged in court. Other changes are to clarify the ordinance and fill in gaps in the legislation. Chair Davis and Housing Policy Coordinator Zelaya reviewed the changes. Topics included logistics of tenant right to purchase, optional extension of the five-year notice period, deed restricted affordable units, and permit expiration and exceptions. Chair Davis flagged a topic for future discussion discovered while reviewing the ordinance, which is to determine when the owner should be responsible for relocation expenses.\par \par Councilor Burnley wanted clarification that the proposed language for occupants not paying rent does not contradict state law that allows tenants to withhold rent from landlords in certain situations. This led to a discussion of how to clarify or rephrase the term \ldblquote non-paying tenant\rdblquote . Councilor Burnley also asked if there was any way to allow the City of Somerville to purchase a converted rental if given legal permission to do so. Chair Davis and Deputy Solicitor Shapiro spoke to the other tools the city has to acquire or purchase property.\par \par \b Chair Davis made a series of motions that were tabled and taken together for a single vote:\par \pard\nowidctlpar\fi-360\li720\qj\b0 -\tab To change the definition of non-rent paying tenant or occupant to replace the word \ldblquote not\rdblquote with the phrase \ldblquote never been charged for nor\rdblquote so that it reads: \ldblquote a person living in a unit who has never been charged for nor paid rent as defined below\rdblquote ;\par -\tab To change Sec. 7-64.1.a to add \ldblquote or owner-occupied units\rdblquote after vacant units and after \ldblquote unoccupied\rdblquote in the first sentence, such that it reads: \ldblquote Vacant units or owner-occupied units. If an owner has an intent to convert an unoccupied or owner-occupied housing accommodation to the condominium or cooperative form of ownership,\'85\rdblquote\par -\tab To change Sec. 7-64.5 to replace \ldblquote fee\rdblquote with \ldblquote relocation\rdblquote and add \ldblquote on the city\rquote s website\rdblquote so that it reads: \ldblquote Adjusted relocation amounts shall be publicly posted on the city\rquote s website.\rdblquote ;\par -\tab To change \ldblquote an occupied\rdblquote to \ldblquote a tenant occupied\rdblquote in Sec. 7-65.1.a;\par -\tab To change the paragraph following Sec. 7-65.1.b to add \ldblquote and former tenant(s)\rdblquote and change \ldblquote previously un-tenanted\rdblquote to \ldblquote non-tenanted\rdblquote so that it reads: \ldblquote\'85the 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\rquote s written notice date shall comply with Massachusetts Open Meeting Law requirements. \'85\rdblquote\par -\tab To change Sec. 7-65.3.a to add \ldblquote For any conversion that will include a unit that will be deed restricted for affordability,\rdblquote at the beginning of the section, add \ldblquote for the affordable unit\rdblquote and delete \ldblquote for development subject to this section\rdblquote so that it reads: \ldblquote 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.\rdblquote ;\par -\tab To change Sec. 7-65.4.c.1 to read: \ldblquote When a unit is excluded from the one-year notice period under Section 7-64(a)(ii) and the unit continues to be occupied by an owner, or a non-rent paying tenant or occupant, as their primary place of residence.\rdblquote\par \pard\nowidctlpar\qj\b These motions passed with a roll call vote of 5 in favor (Councilor Scott, Councilor McLaughlin, Councilor Burnley, Councilor Kelly, and Chair Davis), none opposed, and none absent.\par \pard\cf1\b0\f1\par }

   Roll call: 5 aye

   • Lance L. DavisAye
   • Charlotte KellyAye
   • Willie Burnley Jr.Aye
   • Matthew McLaughlinAye
   • Jefferson Thomas (J.T.) ScottAye

   • 📎 CCO Proposed
   • 📎 CCO Tracked Changes
   • 📎 07.12.23 LEG Ch. 7 Art. IV Condominium Conversion
   • 📎 07.13.23 CC Ch. 7 Art. IV Condo Conversion