10-2.2 Rent Equity Board.
(A) Composition. There shall be in the city a Board, known as the Rent Equity Board, consisting of five residents of the city appointed by the Mayor, including two tenants of rental housing units, who own no dwelling units; two landlords, one of whom owns or manages at least 20 rental dwelling units in the city, and one who owns or manages more than three, but less than 20 rental dwelling units in the city; and one member representing the public interest, who shall have no prior involvement in advocacy on behalf of tenants or landlords, but shall represent a broad and unbiased public interest. The Administrator, with the approval of the Mayor, may serve as a public member of the Board. Members of the Board shall be appointed for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected. To the extent possible the Board shall reasonably reflect the racial composition of the city. The Administrator, if a member of the Board, shall not serve as Chairperson of the Board. The Board shall elect one of its members as Chairperson to serve in that capacity for a term of one year. Vacancies shall be filled by the Mayor for the unexpired term. The Mayor may remove any member of the Board in accordance with the provisions of Subsection 5-5.13.
(B) Compensation. Each member of the Board shall receive compensation for actual service in the amount of $15 per hour, or part thereof. The Administrator shall not receive any additional compensation for duties performed as a member of the Board, beyond the Administrator’s salary. Members of the Board, other than the Administrator, are hereby classified as special municipal employees for the purpose of M.G.L. Chapter 268A.
(C) Powers and duties. The Board shall be responsible for carrying out the provisions of this Section. The Board shall hire, with the approval of the Mayor, the Administrator. The Board shall promulgate such policies, rules, rulings and regulations, and shall issue such orders, as will further the provisions of this Section. The Board shall, as provided in Subsections 10-2.4, 10-2.5 and 10-2.7, establish and adjust the maximum rent for housing accommodations; shall, as provided in Subsection 10-2.6, adjust the rent for decontrolled housing accommodations; shall, as provided in Subsection 10-2.9, grant or deny certificates of eviction; shall, as provided in Subsection 10-2.11, grant, deny or modify removal permits and shall bring such proceedings as may be necessary to enforce the provisions of this Section or to enforce any policy, rule, ruling, regulation or order promulgated or issued by the Board pursuant to this Section. The Board may refer any appropriate matter to the Assessing, Building, Fire or Housing Inspection Departments, or any other appropriate Department, of the city, and may, at the request of any landlord, render a binding advisory opinion as to the permissible impact of a proposed capital improvement on the rents.
(D) Studies, information, investigations and Reports. The Board may make such studies, conduct such hearings and investigations and obtain such information as is deemed necessary in promulgating any regulation, rule or order pursuant to this Section and any regulations or order promulgated hereunder. For the foregoing purposes, a person may be summoned to attend and testify, to produce documents and to prepare in a like manner as he or she may be summoned to attend as a witness before a court and before the Boston City Council under M.G.L. Chapter 233, Section 8. Any person who rents or offers for rent or acts as broker or agent for the rental of any controlled housing accommodation or decontrolled housing accommodation may be required to furnish under oath any information required by the Board which relates specifically to said housing accommodations, to provide records and other documents and to make reports. Such persons shall have the right to be represented by counsel, and a transcript shall be taken of all testimony and such person shall have the right to examine said transcript at reasonable times and places. M.G.L. Chapter 233, Section 10 shall apply. The Board shall recommend adoption of such amendments as may be necessary to carry out the purposes of this Section.
(E) Determination of invalidity. In the event that any policy, rule, ruling, regulation or order promulgated by the Board is held invalid by any court of competent jurisdiction, the Board shall forthwith amend or revoke such policy, rule, ruling regulation or order, and cease further enforcement thereof, to the full extent required in order to conform to the principles and reasoning set forth in the decision of such court, and such decision shall be deemed binding upon the Board in connection with any and all pending matters.
(F) Recommendations. The Board shall confer with interested parties, including, but not limited to, representatives of landlords, tenants and community development corporations in order to develop written recommendations to the Boston City Council and the Mayor for amendments to the Section which will foster the preservation of housing accommodations constructed or developed pursuant to Sections 202, 221(d)(3) and 236 of the National Housing Act, being
12 U.S.C. §§ 1708, 1715(d)(3) and 1724 et seq., as housing which will remain affordable to the low-income tenants and moderate-income tenants presently residing in such accommodations, including, but not limited to, incentives for limited equity cooperative ownership by such tenants and appropriate requirements for tenant financial contribution. The Board shall also study and make recommendations on the need for any additional procedures regarding evictions from housing which has mortgages which are financed by the Massachusetts Housing Finance Agency (“MHFA”). Such study shall include an analysis of present and proposed MHFA hearing procedures. The Board shall report all of its recommendations under this provision by June 30, 1989.
(G) Charges.
(1) The Board shall require every landlord of rent controlled or vacancy decontrolled housing accommodations to pay an annual charge for services provided by the Board under this Section. Such charge shall be for such services as, without limitation, the Board’s cost of maintaining records regarding the landlord’s housing accommodations; the Board’s calculations of the landlord’s annual general adjustment of maximum rent; and the Board’s developing, mailing and otherwise providing printed information and forms regarding rent control, vacancy decontrol and other related matters. Such charge shall be established by the Board by regulation on a fiscal or calendar year basis and shall be charged per individual housing accommodation, whether such housing accommodation is occupied or unoccupied. The Board may establish a charge by subclass for such housing accommodations. Any such annual charge established by the Board shall be reflective of the costs incurred by the Board in providing services under this Section; provided, however, that in no event shall such annual charge be less than $12 nor more than $36 per year per individual housing accommodation. The annual charge shall be payable to the city by the landlord, and the Board shall establish by regulation the time, place and manner for such payment. The Board shall ensure that all charges collected pursuant to this Section are deposited with the Collector-Treasurer. After such payment has been made, the landlord may charge all or part of the annual charge for each such housing accommodation to the tenants thereof. For purposes of this Section, if the landlord so acts, said charge shall be rent, as defined by Subsection 10-1.2.
(2) If a landlord has failed to pay such charge as required, all petitions, applications or other like submissions filed with the Board by such landlord requesting Board action shall be deemed defective and the Administrator shall administratively dismiss such petition, application or submission.
(3) A general adjustment of maximum rent for any class of rent controlled housing accommodation shall not be applicable and an increase shall not be authorized for such housing accommodation where the landlord fails to pay the annual charge required herein for such housing accommodation. Notwithstanding anything stated in this Section to the contrary, the Administrator may allow a petition, application or other submission to go forward, and may allow a general adjustment of maximum rent to be applicable and a rent increase to be authorized, if a landlord who has not paid the charge required herein shows, and the Administrator finds, good cause for such nonpayment.
(Ord. 1972 c. 19; Ord. 1974 c. 13; Ord. 1975 c. 15; CBC 1975 Ord. T10 § 2; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; Ord. 1984 cs. 7, 29-34; CBC 1985 10-2.2; Ord. 1988 c. 9 § 10[e]; Ord. 1988 c. 11 § 5; Ord. 1989 c. 1 § 2; Ord. 1989 c. 7 § 1; Ord. 1991 c. 2 § 1)
Editor’s note:
Ordinance 1987 c. 6 § 6 is as follows:
SECTION SIX. NOTICE. Within 60 days after the passage of this Section the Rent Equity Board shall notify all residents of the City of the protections provided by Chapter 34 of the Ordinances of 1984 as amended. (See Subsection 10-2.10 and Subsection 10-2.12.)
Ordinance 1987 c. 12 § 4 is as follows:
SECTION FOUR. NOTICE. Within ten days after the passage of this Section, the Rent Equity Board shall notify all residents of mobile home parks in the city of the protections provided by this Section. (See Subsection 102.13.)