Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗
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alternatives within the city for persons of all                have been treated by the developer, you
incomes.                                                       may contact the Department of
                                                               Permitting & Inspections, City of
17.4.2 Applicability                                           Portland, 389 Congress Street, Portland,
This section shall apply to the conversion of any              Maine 04101.
rental unit to a condominium unit. For the               B. If the notice specifies a date by which the
purposes of this section, developer shall mean any           tenant is required to vacate, the notice may
person or other legal entity, but not including an           also serve as a notice of termination under the
established lending institution unless it is an active       applicable law of forcible entry and detainer, if
participant in a common promotional scheme, who,             it meets the requirements thereof. The notice
whether acting as principal or agent, records a              shall be hand delivered to the tenant or mailed,
declaration of condominium that includes real estate,        by certified mail, return receipt requested,
any portion of which was previously a rental unit.           postage prepaid, to the tenant at the address of
                                                             the unit or such other address as the tenant
17.4.3 Protection of tenants                                 may provide. The notice shall be effective when
A. Notice of intent to convert. A developer shall            actually received. No tenant may be required by
    give to each tenant, meaning any occupant in             a developer to vacate without having been
    lawful possession of a rental unit, whether by           given notice as required herein, except for the
    lease, sublease, or otherwise, written notice of         reasons specified in the applicable law of
    intent to convert at least one 120 days before           forcible entry and detainer, and in accordance
    the tenant is required by the developer to               with the procedures thereof. The terms of a
    vacate. If a tenant has been in possession of any        tenancy, including rent, may not be altered
    unit within the same building for more than              during the notice period, except as expressly
    four consecutive years, the notice period shall          provided in a preexisting written lease. If, within
    be increased by 30 additional days for each              120 days after a tenant is required by a
    additional year, or fraction thereof, to a               developer to vacate, the developer records a
    maximum of 240 additional days. The notice               declaration of condominium without having
    shall set forth specifically the rights of tenants       given notice as required herein, the developer
    under (A), (B), and (C) of this subsection and           shall be presumed to have converted in
    Subsection 17.4.4, and shall contain the                violation of this article.
    following statement:                                 C. Option to purchase. For a 60-day period
       If you do not buy your apartment, the                 following the giving of notice as required in
       developer of this project is required by              Subsection 17.4.3(A), the developer shall grant
       law to assist you in finding another place            to the tenant an exclusive and irrevocable
       to live and in determining your eligibility           option to purchase the unit of which the tenant
       for relocation payments. If you have                  is then possessed, which option may not be
       questions about your rights under the                 assigned. If the tenant does not purchase or
       law, or complaints about the way you                  contract to purchase the unit during the 60- 17-10 | CITY OF PORTLAND LAND USE CODE HOUSING
Other Sections in This Document (765)

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