Any condition or terms imposed by the Board with respect to a license to evict shall be in addition to, and not instead of, any right, protection, or benefit available to the tenant under any statute of the Commonwealth or court decision.
H.
The guidelines that the Board shall use in determining the conditions upon which an eviction license may be granted shall include the following:
(1)
The hardship on the tenant and the owner of the unit in question. The Board may include in its consideration of hardship matters relating to finances, health, age, and family problems (including the importance of a child finishing school in Lexington).
(2)
The availability of affordable housing for the tenant in Lexington.
(3)
The housing situation of the owner of the unit in question.
I.
Notwithstanding anything in the foregoing to the contrary, this section of this by-law applies, to the extent permitted by law, to all persons who were elderly, handicapped, and low or moderate income tenants on the date of the adoption of this by-law, by the Town Meeting.