6. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-95, regarding sending out voter notification cards for both primary and general special elections.
Placed on File 9-0

To: Louie DePasquale, City Manager
From: Tanya L. Ford-Crump, Executive Director
Date: Dec 14, 2021
Re: City Council Order 2021 #269 – Voter Notification Cards

The City Council has requested that the City Manager "work with the Election Commission to send voter notification cards for both primary and general special elections…That the City Manager respond by the December 20th regular City Council meeting”. The Election Commission will work with the City Manager’s office to send voter notifications cards for special primaries and special elections when feasible. However, there are many factors that will determine when it is feasible to do so, as set forth below.

The Election Commission currently mails voter notification cards to voters prior to special primaries and special elections only when there has been a relocation of polling place for that specific election. There is no requirement in state law or local regulations which requires municipalities to mail notices prior to an election. Most municipalities in Massachusetts only send notification to voters if there is a polling place relocation and otherwise do not send notification prior to any election. Although there are some municipalities that have bylaws which may require that residents receive notification for things such as the town meeting which includes the date of the municipality’s upcoming municipal election, those municipalities do not provide notification prior to every election including special primaries and special elections. The City of Cambridge is one of very few municipalities which sends election notifications to voters prior to each regularly scheduled federal, state, and local election and prior to any special primary or special election in which a polling place has been relocated.

In determining the feasibility of mailing voter notification cards prior to special primaries and special elections, the Election Commission will consider and address the following:

1. Timeframe between notification by the state that there will be a special primary and special election and the date of the election. Regularly held elections are not a problem because we know when they will occur from year to year. Special elections can be held a few weeks after receiving notification from the state. The Election Commission may not be able to “disseminate timely information” in this case. It has been the practice of this office to request a voter extract through the state system the day after the last day to register and then provide the vendor with the extract. Waiting until after the last day to register allows us to provide the vendor with the most up to date voter information (new voters, change of addresses, change of party). The voter registration deadline for an election is 20 days prior to an election. However, prior to special elections the amount of time before the deadline may not give us much time to find a vendor, plan the voter notification mailing, schedule dates of delivery, request a supplemental budget for the special elections, submit a purchase order for postage for the bulk mail account, etc. Particularly in addition to preparing for the special primary and special election and providing daily services to residents/voters.

2. Unexpected delays which may affect the processing of the voter notification cards. There could be delays in procurement of the service or delays which the vendor or this office may encounter. Prior to the 2021 Municipal Election, this office was required to mail vote by mail early voting applications to every voter, process voter notification cards, voter guides, in person early voting information and mail ballot question information to every household with a voter, etc., all while going through the process of the 2020 Re-precincting and the day-to-day office operations. During this time, we were told by the Secretary of State’s office that there was a shortage of paper in Massachusetts and some municipalities had difficulty finding vendors with enough paper to process their early voting mailings and other documents for their upcoming election. Thankfully, the City of Cambridge Election Commission’s vendor was able to get a supply of paper from another vendor they work with, so we did not encounter that issue.

3. The procurement process of a government entity can take several weeks. Several departments may need to be involved depending upon the specifics of the procurement. The City would need time to go through the procurement process, sign an agreement, communicate with the vendor, process the voter extract, check proofs, proof and forward ward and precinct maps and polling place information received from the city’s GIS Department, etc. This office does not include voter registration deadline information on voter notification cards. The only information provided pertains to Election Day and the name and address of the voter.

These cards are mailed out 1-2 weeks prior to a primary and election so that voters are less likely to misplace the card. If we included voter registration deadlines, they would need to be mailed 5-6 weeks prior to an election and the likelihood of the cards being misplaced by the voter becomes greater. In addition, 5-6 weeks prior to an election we would likely just be finalizing the procurement process for the printing and mailing service.

4. Current voter address. Every election the post office returns thousands of mailed voter notification cards because people move and do not update their address with our office. For the Municipal Election we received 14,981 of the 70,987 notification cards returned as undeliverable, and the cost associated with those 14,981 cards was $18,264. During the Annual City Census each year thousands of census document are returned to the office. We cannot automatically remove a voter from the voter rolls.

5. Availability of a vendor. Given the timeframe of special primaries and special elections the Election Commission may have difficulty locating a vendor for the voter notification card job.

In light of the factors stated above it is not always possible to send voter notifications cards for special primaries and special elections. However, the Election Commission will work with the City Manager’s office and all relevant departments required to make sure voter notification cards are mailed to voters for special primaries and special general elections when feasible.

10. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-73, regarding clarifying truck restrictions on Alewife Brook Parkway north of Massachusetts Avenue towards the Cambridge/Somerville border.
Placed on File 9-0

Dec 20, 2021
To the Honorable, the City Council:

In response to Awaiting Report Item Number 21-73, regarding clarifying truck restrictions on Alewife Brook Parkway north of Massachusetts Avenue towards the Cambridge/Somerville border, Traffic, Parking & Transportation Director Joseph Barr reports the following:

Alewife Brook Parkway is owned by the Commonwealth of Massachusetts through the Department of Conservation and Recreation (DCR). As noted on the City’s truck restrictions map, trucks are not allowed to travel on this segment of Alewife Brook Parkway unless allowed to do so by a permit issued by DCR, as this segment is designated by DCR as a “pleasure vehicle only” roadway. In addition, this section of Alewife Brook Parkway is posted with prominent “No Trucks” signs at the intersection with Massachusetts Avenue. It is also important to note that Alewife Brook Parkway south of Massachusetts Avenue is open to trucks, since it provides a connection between Massachusetts Avenue and Massachusetts State Route 2, as well as points farther south.

As a state roadway, the Massachusetts State Police (MSP) have primary jurisdiction over enforcement on DCR roadways, including enforcing truck restrictions. As a result, the City of Cambridge would need to work collaboratively with MSP and DCR to coordinate additional enforcement of the truck restrictions on this portion of Alewife Brook Parkway.

In reviewing the information on the Traffic, Parking, and Transportation Department’s web site regarding Alewife Brook Parkway truck restrictions, we identified some out of date information regarding truck restrictions on other roadways in Cambridge (not including Alewife Brook Parkway). As a result, we will be working to update both the list and the map of truck restricted streets during the first half of 2022.

Very truly yours,
Louis A. DePasquale
City Manager

11. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 21-82, regarding a report on improvements Harvard Bridge.
Placed on File 9-0

Dec 20, 2021
To the Honorable, the City Council:

In response to Awaiting Report 21-82, regarding a report on improvements Harvard Bridge, Traffic, Parking and Transportation Director Joseph Barr reports the following:

Since the passage of this order, MassDOT has coordinated with the City of Cambridge, the City of Boston, the Department of Conservation and Recreation, and transportation advocacy groups regarding these potential improvements. Subsequent to those initial conversations, on the weekend of November 20-21, MassDOT removed a travel lane in each direction and implemented temporary separated bicycle lanes on the Harvard Bridge, using roadway cones, variable message signs, and construction signs. At each end of the bridge, the lane closure ends, to allow for additional motor vehicle capacity at the signalized intersections at Memorial Drive in Cambridge and Beacon Street in Boston. This pilot implementation will allow MassDOT to test this configuration with a single travel lane in each direction for the majority of the length of the bridge, including evaluating the impacts on speeding, travel capacity, and delay for cars and buses.

Based on this pilot, MassDOT is working to design a more permanent quick-build project to implement on the bridge, which could include some or all of the following elements:

• Separated bicycle lanes that use more permanent bike lane separators, as compared to the current setup with roadway cones that require ongoing maintenance.

• Bus priority facilities, including bus lanes/bus queue jumps approaching each shore of the Charles River.

• Improvements to traffic signals at either end of the bridge to improve safety for all users, including pedestrians and cyclists.

The design of these additional improvements will be based in part on the experience over this winter with the current pilot, including evaluating the impacts described above. To advance the design of these additional improvements and allow for implementation during the spring and summer of 2022, MassDOT has continued to engage with staff from the City of Cambridge, and will also be working closely with the MBTA, the City of Boston, and the Department of Conservation and Recreation over the winter and early spring. Although it is too early to provide any information about the specific design of these additional improvements or the detailed timeline for implementation, there will be opportunities for community input as the design is developed. We will continue to keep the City Council updated on progress on these improvements, including those opportunities for community engagement.

Very truly yours,
Louis A. DePasquale
City Manager

RESOLUTIONS
1. Thanks to Manikka Bowman for her years of service on the Cambridge School Committee.   Councillor Simmons, Mayor Siddiqui

R-1     Dec 20, 2021

COUNCILLOR SIMMONS

MAYOR SIDDIQUI

WHEREAS: With 2021 coming to a close, the City Council notes that School Committee Vice Chair Manikka Bowman is concluding her time as a member of the School Committee after three terms of service; and

WHEREAS: Over the course of her service, Manikka Bowman has accomplished many important things, including: spearheading the effort to expand access to sanitary hygiene throughout our schools, ensuring that the CPSD budgetary process would be directly connected to a multi-year District-wide plan specifically designed to close the district’s opportunity gap, partnering with parents and educators to install air conditioning units in all classrooms that lacked it, working to ensure that the CPSD’s students understand their rights in the CPSD Non-Discrimination Policy (and bringing greater clarity to students as to how to avail themselves of these rights), establishing a campaign to educate the CPSD community on the impacts of microaggressions on school climate and culture, working to ensure the safety of students and staff throughout the Covid-19 pandemic – and so much more; and

WHEREAS: While Manikka’s time on the School Committee draws to a close, she continues to serve her community in a multitude of ways, especially via her role as Executive Director of Rebuilding Together Boston, and her work shall continue to inspire and empower the next generation of Cambridge residents seeking to make a difference; now therefore be it

RESOLVED: That the City Council go on record thanking Manikka Bowman for her years of service on the Cambridge School Committee, and in wishing her well as she embarks upon her next exciting chapter; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Manikka Bowman on behalf of the entire City Council.

2. Thanks to Councillor Tim Toomey For his years of service to the City of Cambridge and its residents.   Councillor Simmons, Mayor Siddiqui

R-2     Dec 20, 2021

COUNCILLOR SIMMONS

MAYOR SIDDIQUI

WHEREAS: Timothy J. Toomey, Jr. has held a long and distinguished career as a dedicated public servant, beginning his career in public office with his election in 1985 to the Cambridge School Committee, going on to his role as State Representative of the 26th Middlesex District from 1992 – 2017, and, since January 1990, serving as a member of the Cambridge City Council; and

WHEREAS: During his tenure as State Representative, Tim Toomey served as House Chair of the Joint Committee on Public Service, Joint Chair of Public Safety, Vice Chair of the Joint Committee on Economic Development and Emerging Technologies, and as Vice Chair of the Joint Committee on Revenue; and

WHEREAS: Tim Toomey played a key role on Beacon Hill in the renewal of the Massachusetts Assault Weapons Ban, he worked to further equal access to higher education for undocumented youth, and he was a tireless champion for both the Green Line Extension and the Grand Junction Rail Trail Project; and

WHEREAS: Tim Toomey received numerous awards and recognitions throughout his years of service, including being named Legislator of the Year from the Fire Chief Association of Massachusetts, receiving the Legislator of the Year Award from the Massachusetts Police Association, the Environmental Police Officers Association of Massachusetts, and from the State Police Association of Massachusetts, receiving the Good Scout Award from the Boy Scouts of America, receiving the Person of the Year award from the Massachusetts Association of Portuguese Speakers, along with many other awards for outstanding community service from various organizations; and

WHEREAS: In his own quiet way, Tim Toomey has also, over the years, been a strong and generous supporter of many local non-profit organizations; and

WHEREAS: As a member of the City Council, including one term as Vice Mayor, Tim Toomey has been a reliable champion for the creation and preservation of affordable housing, working to expand the availability of such housing through the city’s inclusionary housing program, the updating of the City’s linkage fee, and the equitable distribution of affordable units throughout the community; and

WHEREAS: Tim Toomey has worked to strengthen the local economy, seeking to reduce the burdens placed upon small businesses while increasing the cooperation, collaboration, and information-sharing between the City and our small business owners, and encouraging the hiring of local people for local jobs; and

WHEREAS: As the years passed and the membership of the City Council turned over, Tim Toomey has been a constant and steady presence, serving as this body’s institutional memory and often as its conscience, urging his colleagues to always remember their primary charge of tending to the issues that impact the quality of life for the residents they were elected to serve; and

WHEREAS: While Tim Toomey worked hard to craft and pass legislation that would have long-term, positive impacts upon the community, he shall likely be best known for his tireless, hands-on constituent service work, forever being accessible and responsive to the day-to-day needs of those in his community, and particularly to his neighbors in his East Cambridge neighborhood; and

WHEREAS: In choosing to end his time on the City Council, Tim Toomey is capping a long and remarkable tenure of public service, making way for the next generation of local leadership, and his good work and the positive difference he made in the lives of so many Cambridge residents shall continue to be felt for generations; now therefore be it

RESOLVED: That the City Council go on record thanking Timothy J. Toomey, Jr. for his decades of extraordinary public service, in wishing him well as he continues providing assistance to Cambridge residents as a private citizen, and in wishing him great success in all his future endeavors; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Timothy J. Toomey, Jr. on behalf of the entire City Council.

6. Thanks to City Councillor Jivan Sobrinho-Wheeler for his public service.   Mayor Siddiqui, Councillor Nolan, Councillor Zondervan, Councillor Carlone

R-6     Dec 20, 2021

MAYOR SIDDIQUI

COUNCILLOR NOLAN

COUNCILLOR ZONDERVAN

COUNCILLOR CARLONE

WHEREAS: Jivan Sobrinho-Wheeler was elected to the Cambridge City Council in 2019, and has served since January 6, 2020; and

WHEREAS: Jivan Sobrinho-Wheeler was one of the youngest City Councillors ever elected in Cambridge, and has served the City of Cambridge well during his time as a City Councillor; and

WHEREAS: During the Covid-19 pandemic, Jivan Sobrinho-Wheeler was a resource for Cambridge residents; and

WHEREAS: Jivan started a community wide conversation about community land trusts and other means to promote affordable home ownership utilizing tools proven helpful in other communities; and

WHEREAS: Jivan brought his experience and knowledge in urban planning to his work as a Councillor and worked on a number of initiatives to promote affordable housing, urban density, and meeting the needs of the unhoused community; and

WHEREAS: Jivan engaged in the work of addressing the sensitive issue of policing in the age of racial reckoning, and helped move the conversations on alternative response and policy budgets forward; and

WHEREAS: Jivan led the City Council to formally adopt the forward-thinking policies of the police department as it relates to use of tear gas; and

WHEREAS: Jivan worked closely with Councillor McGovern spearheading the City Council’s amendment to the Cycling Safety Ordinance to codify a first in the nation timeline for expanding the network of protected bike lanes in the city and was a stalwart supporter of multi-modal transit focusing on the need for transitioning Cambridge to a city less dominated by cars; now therefore be it

RESOLVED: That the City Council go on record extending its thanks to Jivan Sobrinho-Wheeler for his public service, in wishing him well as he continues aiding Cambridge residents as a private citizen, and in wishing him great success in all his future endeavors; and be it further

RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Jivan Sobrino-Wheeler on behalf of the entire City Council.

2. A communication was received from Anthony Wilson, City Clerk, transmitting an update regarding legislative activity.
Placed on File 9-0

2020-2021 - REFERRAL LIST
(as of 12/20/2021)

Civic Unity Committee

None

Economic Development and University Relations Committee

None

Finance Committee

None

Government Operations/Rules and Claims Committee

None

Health and Environment Committee

1. Awaiting Report 19-58 response single use plastics. CMA 2021 #58 of Mar 29, 2021.

2. Awaiting Report 20-23 response on textile recycling. CMA 2021 #59 of Mar 29, 2021.

3. Awaiting Report 21-84 RE: BEUDO proposed amendments (Ordinance #2021-26). CMA 2021 #238 of Nov 8, 2021.

Housing Committee

1. Ordinance #2021-20 Section 11.202(b) Article 11.000 Special Regulations (Incentive Zoning, Linkage). POR 2021 #193 of Sept 20, 2021.

Human Services and Veterans Committee

None

Neighborhood & Long-Term Planning; Public Facilities, Arts and Celebrations Committee

None

Neighborhood & Long-Term Planning; Public Facilities, Arts and Celebrations Committee and Civic Unity Committee

1. Awaiting Reports 21-37 and 21-28 response RE: Digital Equity. CMA 2021 #249 of Nov 15, 2021.

Ordinance Committee

1. Cannabis Delivery Municipal Code Amendments (Ordinance #2021-9). CMA 2021 #52 of Mar 22, 2021.

2. Ordinance #2021-12 NCD Ordinance Petition. APP 2021 #26 of May 24, 2021.

5. Ordinance #2021-18 Renter Choice Ordinance. POR 2021 #187 of Sept 13, 2021.

6. Ordinance #2021-21 Wage Theft Ordinance. POR 2021 #197 of Sept 20, 2021.

7. Ordinance #2021-17 Advancing Housing Affordability (AHA) zoning petition. APP 2021 #41 of Sept 13, 2021.

8. Ordinance #2021-22 Yard Setback Zoning Petition. APP 2021 #43 of Oct 18, 2021.

9. Ordinance #2021-23 Off Street Parking Zoning Petition. APP 2021 #44 of Oct 18, 2021.

10. Ordinance #2021-25 Alewife Quad Area Development (POR 2021 #246). Calendar Item #2 of Nov 15, 2021.

Public Safety Committee

1. That Chapter 2.108 be amended by inserting a new section 2.108.140. POR 2020 #118 of May 18, 2020.

Transportation & Public Utilities Committee

None

TEXT OF ORDERS
O-1     Dec 20, 2021  Charter Right - Zondervan
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
WHEREAS: In the more than two years since the City Council first adopted the Cycling Safety Ordinance, it has become apparent that there is a need for a mechanism through which the public can register their thoughts, ideas, and concerns about the new bicycle safety infrastructure, and through which the City can utilize this feedback to improve upon how this process is being conducted; and
WHEREAS: To that end, it would be wise to ask the City Manager to convene a standing Citizen’s Advisory Committee, similar to the “Implementation Advisory Committee” that was established when the City enacted the 2003 ban on smoking in restaurants, to bring together a panel of representative stakeholders to review, assess, and make recommendations on the feedback received from the public on this matter; and
WHEREAS: Such a committee could be comprised of two members from the Bicycling Committee, two members from the Pedestrian Committee, two members from the Small Business Community, two members from the Senior Community, two members from the Interfaith Community, two members from the Disability Commission, and so forth, to ensure that all the major stakeholders have an equal voice in receiving and reviewing concerns and making recommendations to mitigate these concerns, and to strengthen the City’s implementation of the bicycle safety infrastructure; now therefore be it
ORDERED: That the City Manager be and hereby is requested to appoint a 20-25 person Cycling Safety Ordinance Implementation Advisory Committee to advise and improve upon the implementation of the citywide bicycle safety infrastructure and to establish recommendations on mitigating any concerns raised in regard to this infrastructure, with the appointments to be announced no later than January 31, 2022.

O-2     Dec 20, 2021  Charter Right - Zondervan
COUNCILLOR SIMMONS
COUNCILLOR TOOMEY
WHEREAS: In recent months, Cambridge residents – primarily senior citizens and those with mobility impediments – as well as representatives of the local small business community have grown increasingly vocal in citing significant concerns about how the City has gone about erecting 25 miles of protected bicycle infrastructure; and
WHEREAS: The concerns from seniors have largely focused upon the loss of parking spaces near their homes, which has led to numerous cancelations from visiting home health aides who have been unable to find nearby parking spots, as well as the loss of parking spaces near local businesses and medical offices, which creates a significant barrier to patronizing these establishments and offices by those unable to walk more than very short distances; and
WHEREAS: The concerns cited by small businesses include: lamenting the loss of critical loading zones near their establishments, the loss of parking spaces which is creating a hardship for some employees, and the loss of metered parking which is creating new barriers to potential patronage of these establishments (most of which are already desperately struggling to survive the worst fiscal impacts of the pandemic); and
WHEREAS: Those reaching out to the City Council have not suggested that the City should reverse course and abandon plans to make our roadways safer for bicyclists – rather, they are urging that the City reconsider how it goes about this process, and that the City abandon the “break it now/fix it later” approach that appears to have been taken; and
WHEREAS: The requirements and timelines laid out in the 2020 amendments to the Cycling Safety Ordinance state that the City must erect 25 miles of interconnected bicycle infrastructure in the coming years – yet nowhere in those requirements is it stated that this infrastructure must remove parking or potentially come at the expense of those who rely upon motor vehicles to move about the city and patronize our local businesses; and
WHEREAS: The method of implementing this critically necessary bicycle-safety infrastructure was a choice made by the Traffic, Parking, and Transportation Department, and it is becoming evident that this particular choice placed expedience above the kind of methodical, holistic planning that is required to ensure that in solving one problem, the City does not inadvertently create two new ones; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Traffic, Parking, and Transportation Department to prepare a formal response to the above-cited concerns raised by local senior citizens and local business owners outlining how the City can and will thoughtfully address these concerns in the already impacted areas of the city and all new areas going forward; and be it further
ORDERED: That the City Manager be and hereby is requested to convene meetings between his office, the Director of the Traffic, Parking, and Transportation Department, and with the heads of the Neighborhood Business Associations, with the Neighborhood Associations, and within each of the Cambridge Housing Authority’s senior buildings, to ensure that these stakeholders are given the opportunity to collaborate on devising new plans that will inform the City’s approach going forward in establishing citywide bicycle-safety infrastructure that works for bicyclists, motorists, pedestrians, seniors, those with mobility impediments, the local business community, and all our residents; and be it further
ORDERED: That the City Council go on record reaffirming its commitment to the creation of an interconnected citywide bicycle-safety infrastructure, while recognizing that a new approach is needed to ensure that this infrastructure is implemented in such a way that does not result in the significant loss of the parking spaces that provide a lifeline to both our senior residents and to our local business community; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on this matter no later than January 31, 2022.

O-3     Dec 20, 2021
COUNCILLOR NOLAN
WHEREAS: It has come to the attention of the City Council that there was a very serious vehicle crash at the intersection of Huron Avenue and Sparks Street on September 28, 2021, that destroyed part of a stone wall; and
WHEREAS: This location has been the scene of other serious crashes in past years with cars clearly speeding on this section of road and the neighborhood wants steps taken to ameliorate this issue before another serious accident occurs; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking, and Transportation Department on measures that may be taken to ensure the safety of residents, whether they be flashing lights, increased signage in the area, or other safety measures; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council in a timely manner and no later than February 1, 2022.

O-4     Dec 20, 2021
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
COUNCILLOR CARLONE
WHEREAS: The City of Cambridge is currently working to implement a directive to avoid investment of City funds in any companies, banks, money managers, or investment portfolios that have any exposure to fossil fuels or private prisons; and
WHEREAS: A 2021 report showed that the world’s 60 largest banks have invested $3.8 trillion in fossil fuels since the 2015 Paris Agreement; and
WHEREAS: The Cambridge City Council has long supported divesting from fossil fuels; the Council passed policy orders in 2013 and 2017 calling for the Cambridge Retirement Board to divest, and after a report from the Board stating that divestment is not yet legal, the Council passed a resolution in support of H.3662, which would authorize independent retirement systems to divest from fossil fuel companies and remains in committee; and
WHEREAS: Cambridge earlier this year passed a policy order that stated that no investment of City funds may support fossil fuels or private prisons; followed by a change in the city’s budget policy to meet that directive; and
WHEREAS: Interest in avoiding investments in fossil fuels is growing, based on fiduciary concerns as well as moral considerations, leading many other municipalities in the Commonwealth to express an interest in fossil fuel free investment options and the Massachusetts Attorney General to call on the SEC to require disclosure of risks to companies due to climate crisis; and
WHEREAS: Cambridge and many municipalities use the Massachusetts Municipal Depository Trust [MMDT] to invest funds they control; and
WHEREAS: The Massachusetts Municipal Depository Trust [MMDT] offers municipalities pools of investment that are also allowed by the State, yet all current pools include some investment that fund the fossil fuel industry with 2.5% in energy companies including pipeline builder Kinder Morgan, another 3.1% in utilities including fossil fuel companies, and banking institutions invested in fossil fuels; and
WHEREAS: No current option exists within MMDT to avoid investing in such industries; now therefore be it
RESOLVED: That the City Council strongly opposes investment of City money in any way that supports the fossil fuel industry or prison industrial complex; and be it further
RESOLVED: That the Cambridge City Council go on record requesting that MMDT creates a portfolio option as soon as possible for all municipalities that has no exposure to fossil fuels or prisons or their funders; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the state Treasurer, MMDT Investment Advisory Council, and the entire Cambridge delegation on behalf of the entire City Council.

O-5     Dec 20, 2021  Amended
COUNCILLOR NOLAN
MAYOR SIDDIQUI
COUNCILLOR MCGOVERN
VICE MAYOR MALLON
WHEREAS: The City of Cambridge has demonstrated commitment to providing high quality, affordable housing for residents; and
WHEREAS: The City Council has urged the city to consider any available properties and explore opportunities to purchase properties that might be used for affordable housing, and to explore using city-owned sites including parking lots for such uses, with recent examples being a request to consider Lesley University’s recent offerings at and the Lowell St. parking lot; Of affordable housing units available, 1 percent are available for homeownership and the rest for rentals; and
WHEREAS: The City Council is also on record as asking that more affordable housing units the city develops should include home ownership opportunities, which are a necessity to ensure that all residents have the opportunity to build wealth and have a place to call their own; and
WHEREAS: Multi-family properties that would make excellent candidates for homeownership opportunity have come onto the market recently -- for example, a property on Hancock Street, 22 units for $13.5 million, and a property on Gibson Street, that is already under contract was listed as $10 million for 18 units in a desirable part of Cambridge close to transit; and
WHEREAS: The per unit price in the listing prices of these two examples of about $500K/unit is below many recent affordable housing projects which have averaged about $600K/unit and been as high as $900K/unit; and
WHEREAS: If purchased by the City, these properties would expand access to affordable housing, and likely homeownership for residents; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to ensure multi-family properties on the market are reviewed as quickly as possible as potential affordable housing acquisitions; and be it further
ORDERED: That the City Manager report back to the City Council in a timely manner.

O-6     Dec 20, 2021
COUNCILLOR ZONDERVAN
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
MAYOR SIDDIQUI
WHEREAS: It has come to the attention of the City Council that the Baker Administration has announced multiple concerning, unanticipated changes to the Emergency Rental Assistance Program (ERAP); and
WHEREAS: These changes include, but are not limited to:

• Tenants will no longer be permitted to apply for future rent assistance from ERAP or the Residential Assistance for Families in Transition (RAFT) program unless they have already fallen behind on paying their rent

• Tenants will no longer be permitted to utilize RAFT after exhausting ERAP benefits

• The recertification process is eliminated as of January 1, 2022

• A decreased cap on RAFT benefits from $10,000 to $7,000 in any 12-month period, as of January 1, 2022; and

WHEREAS: Tenants are currently able to apply and receive upstream assistance before they fall behind on rent, and requiring them to have at least one month of arrears will incentivize them to fall behind on rent, straining tenant and landlord relationships and making eviction more likely; and
WHEREAS: RAFT currently plays a critical role in keeping tenants safely housed by covering expenses not covered by ERAP, but now tenants who have reached the ERAP limit will be unable to access RAFT, so for example tenants with pre-pandemic utility debts not covered by ERAP will no longer be able to access relief and are instead being asked to cover those expenses out of pocket; and
WHEREAS: Eligible households in need of additional ERAP assistance have so far been able to request 3-month extensions of their approved benefits for a total of up to 18 months of assistance, and elimination of the recertification process presents tremendous hardship for tenants who still rely on ERAP for rent and who have not yet received the full 18 months of assistance; and
WHEREAS: The Baker Administration has stated that these changes are being implemented because ERAP is projected to run out of funds in 6 months, but the state still has 2.25 billion dollars in unappropriated American Rescue Plan Act (ARPA) funding that could be used to sustain this program; and
WHEREAS: These changes come abruptly as the Commonwealth is bracing for winter and a new surge in pandemic cases, and they have been announced without input from community stakeholders or notice to households counting on assistance to remain in their homes; and
WHEREAS: These changes complicate an already confusing process and will undoubtedly result in an unnecessary increase in eviction filings and displacement across the Commonwealth; now therefore be it
RESOLVED: That the City Council go on record in strong opposition to the changes to the ERAP and RAFT programs; and be it further
RESOLVED: That the City Council go on record urging the Baker Administration and the Legislature to reverse course on these changes and do whatever it takes to continue the ERAP and RAFT programs as they are currently operating, making use of additional ARPA funds as needed; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copies of this resolution to Governor Charles Baker, Secretary of Housing and Community Development Mike Kennealy, and Cambridge’s Legislative Delegation on behalf of the entire City Council.

O-7     Dec 20, 2021
COUNCILLOR ZONDERVAN
RESOLVED: That the Executive Assistant to the City Council confer with the Dedication Committee to consider a request from Councillor Quinton Zondervan for a suitable dedication in the vicinity of 147 Magazine Street in honor of longtime Cambridge resident Lita Long, a daughter of Cape Verdean and Portuguese immigrants and a fixture of Central Square who dedicated her life to public service as an employee of multiple Cambridge City departments over the course of her career; now therefore be it
RESOLVED: That the City Clerk be and hereby is requested to forward this order to the Dedication Committee for review and approval.

O-8     Dec 20, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR NOLAN
COUNCILLOR SIMMONS
WHEREAS: On December 13, Governor Baker announced plans to increase access to at-home COVID-19 test kits by delivering 2.1 million tests to 102 high-need cities and towns in Massachusetts; and
WHEREAS: Cambridge was chosen to receive 43,380 tests and given discretion on how best to distribute tests within the community, with an emphasis on “increasing access for individuals and families who are facing financial hardship”; and
WHEREAS: These tests are arriving at a time of increasing cases and high anxiety around the Omicron variant and should be utilized as quickly as possible to detect community spread; and
WHEREAS: While Cambridge has provided free testing sites throughout the pandemic, the recent uptick in cases has resulted in long lines at each testing site, making it extremely difficult for parents with full time jobs and other high-risk residents to access free testing in the city; and
WHEREAS: The City Council recently passed a policy order directing the City Manager to establish a plan to enable Covid-19 at-home testing to be conducted for seniors and those with significant mobility impediments; and
WHEREAS: Given the recent announcement from the state, Cambridge is in a position to expand plans for at-home test distribution and prioritize high need and at-risk populations; now therefore be it
ORDERED: That the City Manager be and is hereby requested to consult with relevant city departments, the Cambridge Housing Authority, non-profits, and homeless shelters on a plan to distribute Cambridge’s allotment of at-home rapid test kits equitably to the highest need individuals; and be it further
ORDERED: That the City Manager be and is hereby requested to report back to the City Council at the January 10, 2022 City Council Meeting on how the allocated tests from the state will be distributed in January 2022 as quickly as possible, and on a plan for how Cambridge can most equitably distribute future allocations of tests.

O-9     Dec 20, 2021
MAYOR SIDDIQUI
VICE MAYOR MALLON
COUNCILLOR CARLONE
COUNCILLOR ZONDERVAN
WHEREAS: The City of Cambridge currently offers free COVID-19 testing 5 days per week for people who live or work in Cambridge; and
WHEREAS: Walk-in testing is offered 4 days per week and appointment-only testing is offered on Saturdays; and
WHEREAS: Demand for testing is high as the holidays approach and is likely to increase as Omicron becomes the dominant variant; now therefore be it
ORDERED: That the City Manager be and hereby is requested to work with Derrick Neal, Chief Public Health Officer of the Cambridge Public Health Department, to expand current testing hours for January and February.

O-10     Dec 20, 2021
MAYOR SIDDIQUI
ORDERED: That all items pending before the City Council and not acted upon by the end of the 2020-2021 Legislative Session be placed in the files of the City Clerk, without prejudice provided that those proposed ordinances which have been passed to a second reading, advertised and listed on the Calendar under “Unfinished Business” during the 2020-2021 City Council term, along with any other pending matters on the Calendar listed as “Unfinished Business,” shall be forwarded to the next City Council and further provided that any items pending in committee or appearing on the City Manager’s “Awaiting Report List” may, at the discretion of the appropriate body, be forwarded to the next City Council.

O-11     Dec 20, 2021
COUNCILLOR SIMMONS
MAYOR SIDDIQUI
COUNCILLOR TOOMEY
WHEREAS: In recent days, the City has been presented with growing evidence of the extremely high transmissibility of the Omicron-variant of the Covid-19 virus; and
WHEREAS: At the same time as this new variant continues to run rampant, the City Council has been receiving anecdotal reports that people in our larger residential buildings have not been fully compliant with mask wearing; and
WHEREAS: The City does not currently have a mandate requiring those in larger residential buildings to wear masks to reduce the spread of the Covid-19 virus, and establishing such a mandate appears to be a wise measure in the City’s continued efforts to reduce transmission of the virus; now therefore be it
ORDERED: That the City Manager be and hereby is requested to coordinate with the appropriate City personnel in order to establish an indoor mask mandate in common spaces of all buildings and indoor environments throughout the City of Cambridge, and that he report back to the City Council on this matter in a timely manner.

O-12     Dec 20, 2021
COUNCILLOR ZONDERVAN
WHEREAS: The City of Cambridge is experiencing the highest COVID-19 case counts yet; and
WHEREAS: For the safety of city employees and the public interacting with them, it is imperative that we ensure maximum flexibility for staff to work remotely; now therefore be it
ORDERED: That the City Manager be and hereby is requested to allow all employees who are able to perform their duties remotely to work from home until further notice.

O-13     Dec 20, 2021  Amended
MAYOR SIDDIQUI
COUNCILLOR ZONDERVAN
COUNCILLOR NOLAN
COUNCILLOR CARLONE
VICE MAYOR MALLON
COUNCILLOR MCGOVERN
COUNCILLOR SIMMONS
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR TOOMEY
WHEREAS: The City of Cambridge is experiencing the highest COVID-19 case counts yet; and
WHEREAS: Boston has announced a proof of vaccination requirement for indoor venues that will go into effect on January 15, 2022, and Somerville and other neighboring municipalities have indicated they are following suit; and
WHEREAS: Residents will be more comfortable patronizing indoor venues if there is an indoor vaccination requirement, and the policy would create a strong incentive for unvaccinated people to get the vaccine; and
WHEREAS: Cambridge should stay in alignment with Boston, Somerville, and neighboring municipalities by enacting such a policy; and
WHEREAS: The City Manager will be meeting with the business community to discuss what implementing such a policy would entail; now therefore be it
ORDERED: That the City Manager be and hereby is requested to establish a proof of vaccination requirement for certain activities and establishments in the City of Cambridge, including but not limited to indoor dining, bars, nightclubs, gyms and indoor entertainment venues; and report back to the City Council by its January 10th meeting.

TEXT OF COMMITTEE REPORTS
Committee Report #1
Housing Committee meeting
Date: Thurs, Sept 23, 2021, 11:00am, Remote Meeting
Present: Simmons, Sobrinho-Wheeler, Mallon, Zondervan, Carlone, Siddiqui
Absent: McGovern

That the City Manager is requested to confer with the Law Department, Cambridge Development Department, and the City Manager’s Housing Liaison to discuss and advise on a condominium conversion ordinance.

A communication was received from Ellen Shachter Somerville Office of Housing Stability, regarding Condominium Conversion - Somerville’s policy and experience presentation.

A communication was received from Assistant City Manager for Community Development, Iram Farooq, transmitting a presentation on Condominium Conversion.

Participating in the hearing via Zoom were Councillor Sobrinho-Wheeler, Councillor Simmons, Co-Chairs of the Committee; Vice Mayor Mallon; Councillor Carlone; Councillor Zondervan; Mayor Siddiqui; Iram Farooq, Assistant City Manager for Community Development; Chris Cotter, Housing Director, Community Development Department (CDD); Maura Pensak, Housing Liaison to the City Manager; Nancy Glowa, City Solicitor; Megan Bayer, First Assistant City Solicitor; Gayle Willett, Director of Assessment; Andrew Johnson, Deputy Director/Principal Assessor, Assessor’s Office; Robert Reardon, City consultant; Michael Scarlett, Aide to Councillor Nolan; Naomie Stephen, Executive Assistant to the City Council; and Paula M. Crane, Deputy City Clerk.

Also present were Ellen Shachter, Director, Office of Housing Stability, City of Somerville; Hannah Carillo; and Michael Feloney.

Councillor Sobrinho-Wheeler read the Governor’s Executive Order regarding remote participation and requested that the Deputy City Clerk call the roll to indicate a quorum for the hearing.

The roll was called and resulted as follows:
Present: Sobrinho-Wheeler, Simmons, Mallon, Zondervan -4
Absent: -1
A quorum was present.

Councillor Sobrinho-Wheeler welcomed all present and read from prepared Opening Remarks (ATTACHMENT A).

Mayor Siddiqui talked about relocation costs for residents than more than what the State allowed and increased those. She said that was in 2019 and since then, she stated that she wished that the Committee moved quicker. She said that information from the Assessing Department will be important to review in light of what is in the ordinance. She asked how we are going to prevent tenant displacement and how do we get there. She said that something like this 20 years ago would have had a significant impact.

Iram Farooq stated that there is brief presentation (ATTACHMENT B) which will be principally presented by Gail Willett. She introduced other City staff.

Chris Cotter gave a brief overview of the data regarding the portion of household income that renters are spending on rent. He said that it is relative unchanged from 1999 to 2019. He noted that there is slight increase in the number of households paying 60% or more of their income towards rent. He said that it is of concern as are any household paying more than 30% of their income for rent. He said that the situation is still an issue, but largely unchanged over the last twenty years.

Gail Willett gave on overview of the work that the Assessing Department has looked at over the last six years to give a sense of how many condo conversions are happening from existing buildings. New construction was excluded. She said that it is important to note that the majority of the conversions are for three units or less. As it relates to the residential exemptions, this was looked at to understand the impact of thinking about this ordinance based on who is owner occupier. She said some concerns are impacts on owner occupiers; for example, if someone owns a three-family and they want to convert to condos and they want to continue to live there but they do not necessarily want to have the entire building any longer.

Maura Pensak gave an overview of policy considerations and recommendations. She talked about the summary of the Mayor’s Blue Ribbon Task Force on Tenant Displacement recommendations as a jumping off point for the discussion. She identified a few factors that are different between post ordinance and recommendations of the task force.

Mr. Cotter said that as noted, State law would allow for a local ordinance that applied to buildings with 4 or more units but fewer than 4 units would require special legislation from the State. He said that there are homeownership considerations. He said that it is important to think of small, multi-family buildings who may want to convert. When looking at the role that condominiums play in the homeownership market, Mr. Cotter said that CDD sees a lot of middle-income households that are interested in homeownership and condominiums typically provide that in the market.

Councillor Sobrinho-Wheeler said that he wanted to make one small correction. He noted that in the ordinance it text does apply only to buildings with 4 or more units as is in the Definition section. He said that in Section J, Housing Accommodation 3, Building Structures would not include buildings or structures containing fewer than 3 residential units. He said that the intent was making sure that this could become inactive right away and not having to wait for the Home Rule process.

Councillor Sobrinho-Wheeler introduced Ellen Shachter and invited her and Hannah Carrillo to give an overview of the PowerPoint presentation (ATTACHMENT C) regarding Somerville’s policy and experience in its condominium conversion. Ms. Shachter stated that she would like to begin by talking about the problems in Somerville when they amended their ordinance. She noted that the City of Cambridge may want to consider one thing when thinking about whether to go below 4 units. She said that for the same reason as Cambridge, about 90% of the conversions in Somerville were in 2s and 3s.

She said that the City of Cambridge may want to pass it with buildings 4 and over for now but have a provision that says we pass it for up to 3 buildings in the event that a Home Rule is approved. She said that could be simultaneously but move forward on the 4 and up.

Hannah Carrillo discussed important implementation procedures. She talked about the importance of having good communications and consistent expectations between Board and Staff for all applications which makes enforcement easier. She summarized preliminary results and noted that vacant units went down from 92% in FY17 to 40% in FY20.

Councillor Sobrinho-Wheeler thanked Ms. Shachter and Ms. Carillo for the presentation.

Councillor Sobrinho-Wheeler opened the hearing to Public Comment. There were no public commenters.

Councillor Sobrinho-Wheeler opened the floor to his fellow committee members.

Councillor Zondervan said that he had a question about Page 16 of the presentation. He asked for clarification regarding the residential exemption and increased residential conversions. Ms. Carrillo said that when an application is submitted, they go based on how the unit is currently being used. She said that if you’re submitting an application for a fully rented property, those two units count as rental properties. She said that if you are submitting an application where there is an owner occupant in one unit and a rental in the other, the numbers get split up so it is one owner-occupied unit and one rental unit. She explained that this is done because the owner-occupant units are not subject because they do not pay themselves a relocation payment. She said that a big part why they are kept separate is for administrative purposes as because there are different things that apply to different types of units. Ms. Shachter added that they use the residential exemptions to determine whether or not the unit is owner-occupied. Councillor Zondervan stated that he is confused because the City’s proposal is 4 units and above but there was a lot of mention about smaller units in small buildings being included through Home Rule Petition. He asked if Somerville included smaller units. Ms. Shachter responded that Somerville has a special provision that allows them to enforce this to units that are 3 and below. She said that the vast majority of their applications are for 2 and 3-family properties. Ms. Shachter said that one option is for the City to say that this ordinance applies to those 4 and up and if Home Rule legislation is passed, it will also apply to 2 and 3-families. Councillor Zondervan stated that this makes sense. Ms. Shachter said that because so many of the conversations are 2s and 3s, it is very important to the cost benefit analysis of all of this to just think about 2s and 3s. She said that this is another way to think about protecting the broader scope of tenants. She said that in Somerville’s experience in applying this to 2s and 3s has worked.

As it relates to applying this to smaller buildings, Councillor Sobrinho-Wheeler said we could add a clause that says is a Home Rule Petition passes, it will apply and if not, it can go into effect as is. He said that it makes a lot of sense. Councillor Zondervan asked how the Condo Review Board has worked in Somerville, how often it meets, and stipends for Board members. Ms. Carillo said that the Board meets the fourth Monday of each month and they do receive a stipend of $300.00. She explained the bulk of the work and preparation is by staff. She said that the Board Members do try to go through the applications ahead of time but there is a lot of documentation and the Board Chair will ask the applicant to go through the application and explain what they have provided. In terms of staff capacity and managing applications, Councillor Sobrinho-Wheeler asked if the Office of Housing Stability is doing that work. Ms. Carillo said that was doing the work as part of the Housing Division. She noted that there are other departments that play important roles, and sometimes in enforcement. Ms. Shachter stated that in a small number of cases where there have been protected tenants where issues arose, the cased come over to OHS to help the individual tenant.

Councillor Sobrinho-Wheeler asked about the second right of purchase as a way to preserve affordability and how often this has been exercised. Ms. Castillo said that they put out Request for Qualifications. They have not received any responses. She said that Somerville’s current Designee List does not have any businesses on it. She noted that there is still not a revenue stream for these units. Ms. Shachter said that these units are coming in at high prices so it would be an important discussion to have with CDD to think about giving funding streams that you have, and how likely would it be for those purchases.

Mayor Siddiqui thanked Ellen Shachter and Hannah Carillo for the presentation. She said that there is a lot of good points to think about. She said that she is curious to hear the thoughts regarding assessment issues.

Councillor Carlone thanked Ms. Shachter and Ms. Carillo for their work. He said that the transfer fee would not have passed without their support and encouragement. He said that he was impressed with the thoroughness that has been invested on this work in Somerville. He said that the notion of sharing information between cities is really a model to build on.

Mr. Reardon said that there was a tremendous amount of information presented today. He said that one of the things that resonated with him is the reimbursement of tenant expenses. He said that it is very important to protect people. He noted the importance of tenants understanding the process. He said that after the end of rent control, so many units were converted and so many people were displaced. He said that we must look at the unintended consequences. He asked about allowing someone to purchase a property as-is. He said that is not easy to accomplish if there is not some revenue. He is interested in finding out more about this. Ms. Shachter stated that they do have a formula for as-is in order not to prevent people from doing building wide renovations that they would need for the owner-occupied units. She said that Somerville put together required practices wherein owners are allowed to do this work when they are renovating but they have to cover and mitigate for dust, they have to work during reasonable work hours, etc. Ms. Shachter said that Somerville is available to have follow-up conversations about anything that may arise.

Councillor Sobrinho-Wheeler suggested that this topic be forwarded to the City Council with a favorable recommendation for discussion. He said that this in not zoning so there is not a tight clock. He said that any changes to the ordinance could be at the City Council.

Councillor Zondervan asked if this will go before the Ordinance Committee.

Councillor Sobrinho-Wheeler said that it is a question for the Committee.

Councillor Zondervan stated that it makes sense to him to send it to the City Council followed by the City Council sending it to the Ordinance Committee for any potential amendments.

Councillor Carlone stated that he concurs and added that the meeting notes are very important. He said that it would make sense for Ms. Schacter and Ms. Castillo to appear before the Ordinance Committee.

Councillor Sobrinho-Wheeler stated that he believes that this can be sent to the Ordinance Committee, and he will coordinate with the City Clerk’s Office if members of the Committee are fine with that approach.

Councillor Zondervan asked the City Clerk for a determination. Ms. Crane stated that the Committee Report will be placed on the City Council agenda when the report is complete, and it can be referred to the Ordinance Committee at that time. Mr. Reardon stated that this approach will allow for a better opportunity to allow the City Council to opine on this issue and work out the details in the Ordinance Committee.

Councillor Sobrinho-Wheeler made a motion to forward this matter via Committee Report to the full City Council with a favorable recommendation.

The roll was called and resulted as follows:
Present: Sobrinho-Wheeler, Simmons, Mallon, Zondervan -4
Absent: McGovern -1
And the motion passed.

Councillor Sobrinho-Wheeler thanked all those present for their attendance.

Councillor Sobrinho-Wheeler made a motion to adjourn the hearing.

The roll was called and resulted as follows:
Present: Sobrinho-Wheeler, Simmons, Mallon, Zondervan -4
Absent: McGovern -1
And the hearing was adjourned at 12:43pm.

For the Committee,
Councillor Jivan Sobrinho-Wheeler, Co-Chair
Councillor E. Denise Simmons, Co-Chair

Proposed Order     Dec 20, 2021  Amended
COUNCILLOR SOBRINHO-WHEELER
COUNCILLOR SIMMONS
VICE MAYOR MALLON
COUNCILLOR ZONDERVAN
MAYOR SIDDIQUI

AN ORDINANCE PROVIDING PROTECTION FOR TENANTS FACING DISPLACEMENT BY CONDOMINIUM COOPERATIVE CONVERSION PURSUANT TO CITY’S AUTHORITY UNDER ST. 1983, C. 527

WHEREAS, in 1983, the State Legislature adopted Chapters 527 of the Acts of 1983, in which the General Court found and declared that a serious emergency exists within the Commonwealth with respect to the housing of a substantial number of the citizens of the Commonwealth. This rental housing emergency created by prolonged increases in housing costs at a rate substantially exceeding increases in personal income, by housing abandonment, and by increased costs of new housing construction and finance has been greatly exacerbated by the effect of conversion of rental housing into condominiums or cooperatives. Currently the combination of a booming housing market with extraordinarily high rental prices and an extremely low vacancy rate makes it extremely difficult for many tenants, including elders, low- and moderate-income tenants, and tenants with disabilities, to relocate. In order to adequately protect these tenants facing displacement as a result of condominium conversion, they must receive further protection from the consequence of such conversion than the law now affords. The current housing crisis and the threat of displacement as a result of condominium conversion poses a serious threat to the public health, safety, and general welfare of the: citizens of the Commonwealth, particularly the elderly, the handicapped, and persons and families of low and moderate income. It is therefore necessary-that such emergency be dealt with immediately; and

WHEREAS, Section 2 of Chapter 527 of the Acts of l93 provides that any city or town may, by ordinance or by-law, impose provisions or requirements to regulate for the protection of tenants with respect to the conversion of housing accommodations, as defined therein, to the condominium or cooperative forms of ownership and evictions related thereto which differ from those set forth in Chapter 527, upon a two-thirds vote of the City Council with the approval of the Mayor, and

WHEREAS, Section 2 of Chapter 527 of the Acts of 1983 also provides that local legislative action to impose provisions or requirements to regulate for the protection of tenants with respect to the conversion of housing accommodations to the condominium or cooperative forms of ownership and evictions related thereto which differ from those set forth in Chapter 527 must be accompanied by a declaration, in the form of findings, that local conditions constitute an acute rental housing emergency requiring local action, on account of the aggravating impact of the facts set forth in Section 1 of Chapter 527; and

WHEREAS, prior and subsequent to Chapter 527 of the Acts of 1983, following declarations of emergency by the City Council and the State legislature; the City of Cambridge adopted ordinances for the protection of tenants with respect to the conversion of housing accommodations to the condominium or cooperative forms of ownership and evictions related thereto pursuant to the authority granted to it under its rent and eviction control enabling laws, including Chapter 36 of the Acts of 1976, extending such protections to rent-controlled accommodations; and

WHEREAS, during the 1970’s over one thousand nine hundred units of rental housing in the City of Cambridge were removed from the rental market due to conversion to the condominium or cooperative form of ownership; and

WHEREAS, in August 1979 the City of Cambridge enacted Section 8.44 of the Cambridge Municipal Code which regulated eviction due to condominium conversion; and

WHEREAS, as a result of the City’s regulation of condominium or cooperative conversion, tenant displacement by reason of condominium or cooperative conversation eviction substantially abated; and

WHEREAS, Chapter 282 of the Acts of 1994 provided that rent and eviction protections should continue in effect for certain low-income tenants in rent-controlled units until December 31, 1996; and

WHEREAS, Section 3 of Chapter 282 of the Acts of 1994 provides that cities or towns in which rent control authority ended retain their rights under Chapter 527 of the Acts of 1983, to enact local ordinances to provide tenant protections regarding condominium or cooperative conversions and evictions resulting therefrom which may be different from the protections found in Chapter 527 of the Acts of 1983; and

WHEREAS; with the adoption of Chapter 282 of the Acts of 1994 and M.G.L. e. 40P eviction protections ended under rent control enabling laws; and

WHEREAS, there continues to be a high rate of conversion of rental unite to the condominium form of ownership and a sharp escalation in the cost of both rental housing and housing for purchase in the City of Cambridge; and

WHEREAS, many of the state and federal housing programs that serve low and moderate income tenants, and elderly and handicapped tenants, are reduced, leaving many households with fewer affordable alternative if they are displaced; and

WHEREAS. the City of Cambridge wishes to adopt legislation which would protect tenants who are in occupancy of units at the time that such units are first converted or individually sold as condominium or cooperative units from displacement due to condominium or cooperative conversion, and provide protections for those tenants while they pursue other housing alternatives; and

WHEREAS, the City of Cambridge wishes to insure that future condominium or cooperative conversions comply with all condominium and cooperative conversion laws, that tenants are not constructively evicted from their units because of such conversion, and that where displacement occurs tenants are given proper notice of their rights and options. including the right to purchase their dwelling unit,

Now, therefore, the City Council declares, in accordance with Section 2, Paragraph: 4 of Chapter 527 of the Acts of 1983, that current conditions in the City of Cambridge constitute an acute rental housing emergency requiring action by the City, on account of the aggravating impact of those factors enumerated in Section l of Chapter 527 of the: Acts of 1983, and because of prolonged increases in housing costs at a rate substantially exceeding increases in personal income, by reductions in state and federal affordable housing programs, and by the effect of conversion of rental housing into condominiums or cooperatives, thus reducing the remaining stock of rental housing and resulting in threats of displacement to existing tenants, particularly those of low- and moderate-income and those who are elderly or who are people with disabilities, and an inability of those tenants to secure comparable replacement housing;

The City Council further declares that pursuant to its powers under Section 2 of Chapter 527 of the Acts of 1983, the City of Cambridge hereby establishes certain additional protections for tenants living in housing accommodations which are, or which may in the future be, converted to the condominium or cooperatives form of ownership, so as to minimize involuntary displacement as a result of condominium or cooperative conversion and evictions related thereto particularly for those who are elderly, who are people with disabilities and/or who are of low and moderate income, and the City of Cambridge hereby establishes a regulatory scheme to ensure that future conversion of housing accommodations to the condominium or cooperative form of ownership is carried out in compliance with this ordinance, in a manner that avoids constructive or direct tenant displacement except as otherwise authorized by law, and in a manner that gives tenants and designated housing agencies an opportunity to exercise rights to purchase units so as to minimize displacement and to maximize the ability of tenants facing displacement to relocate into suitable replacement housing, that Chapter 8.44 of the Cambridge Municipal Code shall be stricken, and this ordinance shall be adopted in its stead.

When used in this ordinance, unless the context otherwise requires, the following terms shall have the following meanings:

a. Chapter 527: The terms “Chapter 527” and “Chapter 527 of the Acts of 1983” shall refer to Chapter 527 of the Acts of 1983, as amended from time to time.

b. Comparable housing: Housing of similar size, with similar amenities would not require a change in school enrollment for minor school age children.

c. Convert. The submission of a housing accommodation to the condominium form of ownership by executing and/or recording a master deed or assignment of lease pursuant to chapter 183A of the General Laws; or the act of submitting a housing accommodation to the cooperative form of ownership under articles of organization creating a housing cooperative in pursuant to chapter l56B, 157, l57B or any other provisions of the General Laws.

d. Condominium or Cooperative Conversion Eviction. An eviction of a tenant for the purpose of removing such tenant from a housing accommodation in order to facilitate the initial bona fide sale and transfer of legal title to that housing accommodation as a condominium or cooperative unit to a prospective purchaser; or an eviction of a tenant by any other person who has purchased a housing accommodation as a condominium or cooperative unit where the tenant whose eviction is sought was a resident of the housing accommodation at the time the notice of intent to convert is given or should have been given as provided in Section 4 below. For purposes of this ordinance, the word “eviction” shall include, without limitation, any action by an owner of a housing accommodation which causes substantial deprivation of a tenant’s beneficial use of such housing accommodation, materially impairs such tenant’s beneficial enjoyment of such housing accommodation; or is intended to compel such tenant to vacate or to be constructively evicted from such housing accommodation.

e. Condominium or Cooperative Unit: A unit in a housing condominium as that term is defined in chapter 183A of the General laws; or a unit in a housing cooperative which has been organized under the provisions of chapter l56B, 157, or 157B of the General Laws, or any other provision of the General Laws.

f. Department: The Department of Community Development of the City of Cambridge.

g. Conversion Permit: A document issued by the Department, pursuant to this ordinance, which authorizes conversion of housing accommodations to the condominium or cooperative born of ownership.

h. Elderly Tenant: A tenant or tenant household in which at least one member is at least sixty years of age as of the date of receipt of any Notice of Intent to Convert required by Section 4, or, if no such notice is delivered, the date the tenant exercises any right under this ordinance.

i. Tenant with Disabilities.! A tenant or tenant household in which at least one member is physically handicapped as defined by Section 13A of Chapter 22 of the General Laws of the Commonwealth of Massachusetts or physically, emotionally or mentally handicapped as defined by 29 U.S.C. Section 706(7)(b), as of the date of receipt of any Notice of Intent to Convert required by Section 4, or, if no such notice is delivered, the date the tenant exercises any right under this ordinance.

j. Housing Accommodation: Any building; structure or part thereof or land appurtenant thereto of any other real or personal property rented or offered for rent for living or dwelling purposes, within the City, including without limitation, houses, apartments, condominium units, cooperative units, looming or boarding house units, and other properties used for living or dwelling purposes, together with all services connected with the use or occupancy of such property; but not including:

i. Housing accommodations which the United States or the Commonwealth of Massachusetts or any authority created under the laws thereof either owns or operates;

ii. Housing accommodations in any hospital, convent, monastery, asylum, public institution, of college or school dormitory operated exclusively for charitable or educational purposes, or in any nursing or rest home for the aged;

iii. Buildings or structures containing fewer than three residential units, except that housing accommodations which together consist of two or more adjacent, adjoining or contiguous buildings under common legal or beneficial ownership which are used in whole or in part for residential purposes, and which contain three or more units shall constitute a single structure for the purposes of this ordinance; or

iv. Housing accommodations in hotels, motels, inns, tourist homes, and rooming and boarding houses which are occupied by transient guests staying for a period of fewer than fourteen consecutive calendar days.

Provided further, that the following housing accommodations shall remain within the meaning of the term “housing accommodation”, as defined by Chapter 527 of the Acts of 1983, shall be subject to the provisions of Chapter 527, and shall not be subject to the additional provisions or requirements of this ordinance:

i. Housing accommodations constructed, or created by conversion from a non- housing to a housing use, on or after November 30, 1983,

ii. housing accommodations which were constructed oz substantially rehabilitated pursuant to any federal mortgage insurance program, without any interest subsidy or tenant subsidy attached thereto; and

iii. housing accommodations financed through the Massachusetts Housing Finance Agency, with an interest subsidy attached thereto, so long as such properties remain subject to such financing.

k. Housing Services: Services and facilities provided by an owner or required by law or by the terms of a rental housing agreement to be provided by an owner to a tenant in connection with the use and occupancy of any housing accommodation, including without limitation, services, furniture, furnishings, and equipment; repairs, decorating, and maintenance; provisions of light, heat, hot water, cold water, telephone and elevator service; kitchen, bath, and laundry facilities and privileges; use of halls, corridors, stairs, common rooms, yards and other common areas; maid service, linen service, janitorial service, removal of refuse, parking facilities, and any other benefit, privilege, or facility connected with the use or occupancy of any housing accommodation. Housing services to a housing accommodation shall include a proportionate share of the services provided to common facilities of the building in which the housing accommodation is located.

l. Intent to Convert: The intent to make the initial sale and transfer of title to a housing accommodation as one or more condominium or cooperative units pursuant to an individual unit deed or deeds, or, in the case of a cooperative, a proprietary lease. Factors which shall be considered in determining whether an owner has the intent to convert shall include, but not be limited to the following:

i. the owner has applied for a conversion permit pursuant to Section 4;

ii. a master deed or articles of organization has been prepared or recorded;

iii. the owner has prepared, or is preparing a purchase and sale agreement for the sale of any unit in a housing accommodation as a condominium or cooperative unit;

iv. the owner has advertised for sale any unit in the housing accommodation as a condominium or cooperative unit;

v. the owner has shown to any prospective purchaser any unit in the housing accommodation for sale as a condominium or cooperative unit;

vi. the owner has made any communication, written or oral, to any person residing in the housing accommodation, or to any other person, expressly indicating an intent to sell any unit as a condominium or cooperative unit;

vii. the owner has had any unit in the housing accommodation measured or inspected to facilitate the sale of the unit as a condominium or cooperative unit;

viii. the owner has had the land surveyed, an engineering study performed or architectural plans prepared for the purpose of converting such housing accommodation into one or mole condominium or cooperative units;

ix. the owner has sought rent increases, or proposed rent increases, for the housing accommodation, in excess of ten percent for the twelve-month period prior to the termination or the tenancy or the commencement of the eviction;

x. an excessive number of evictions, terminations of tenancies, or other deprivations of use by tenants in the twelve-month period prior to the termination of the tenancy or the eviction; and

xi. the owner is holding units vacant in the housing accommodation with the intent of facilitating the sale of said units as condominium or cooperative units; provided, however, that vacancies due to tenant turn-over, or to permit repairs in the ordinary course of business shall not by themselves be considered as a factor in determining whether an owner has the intent to convert.

m. Owner: The individual who holds title to any housing accommodation in any manner, including without limitation a partnership, limited partnership, corporation ox trust. For purposes of this ordinance, the rights and duties of the owner hereunder shall also be the obligation of anyone who manages, controls, or customarily accepts rent on behalf of the owner.

n. Low Income Tenant. A tenant or group of tenants, all of whom occupy the same dwelling unit, whose total income for the twelve months immediately preceding the date of any notice or the exercising of any rights, whichever may occur later; is not more than fifty percent of the adjusted median income for the area as determined by regulations promulgated by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937, as amended, and calculated pursuant to said regulations.

o. Moderate Income Tenant. A tenant or group of tenants, all of whom occupy the same dwelling unit, whose total income for the twelve months immediately preceding the date of any notice or the exercising of any rights, whichever may occur later, is not more titan eighty percent of the adjusted median income for the area as determined by regulations promulgated by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937, as amended, and calculated pursuant to said regulations.

p. Rent: The consideration, including without limitation, all bonuses, benefits, gratuities, or charges contingent or otherwise, demanded or received for, or in connection with, the use or occupancy of a housing accommodation, for housing services, or for the transfer of a lease of a housing accommodation.

q. Rental Housing Agreement. An agreement. oral, written, or implied, between an owner and a tenant for the use and occupancy of a housing accommodation and for housing services.

r. Review Board. The City of Cambridge Condominium Review Board described in this ordinance hereunder.

s. Tenant: A tenant, subtenant, lessee, sublessee, or other person lawfully occupying the housing accommodation.

Section 3.- Conversion Permits.

a. Applicability. The provisions of this section shall be in effect until such time as the Department determines that the vacancy rate for housing accommodations in the City of Cambridge exceeds five percent per annum.

b. Conversion Permit Required. It shall be unlawful for any owner or other person to convert any housing accommodation to the condominium or cooperative form of ownership, and no such conversion shall be effective, unless the Department has granted a conversion permit. In the event that a unit which the owner seeks to convert is not occupied at the time the permit is sought, the permit process shall follow Section 5. (b) (“Vacant Units”) as described in this ordinance. . The Department may promulgate such regulations as are necessary to effectuate the purposes of this section and prescribe, consistent with this section, the procedure for applications, notice, and the grant and review of conversion permits. Issuance of a conversion permit does not relieve any person of compliance with this ordinance or other laws.

c. Application for and Issuance of Conversion Permits. Upon submission of an application that meets the criteria of this section, including a determination that the landlord did not engage in condominium or cooperative conversion eviction in violation of this Ordinance, the Department shall issue a conversion permit for each housing accommodation. The application and a copy of the conversion permit shall be kept on file at the Department and certified copies shall be available upon payment of a reasonable fee. Such copies shall be made available without fee to low- and moderate-income individuals.

d. Criteria for Approval of inversion Permits. An application shall be approved if:

i. The application contains a complete description of the housing accommodations and the land on which the housing accommodations are located, including:

1. A description of each building, stating the address, the number of stories, and the number of units;

2. The unit designation of each unit; and a statement of its location, approximate area, number of rooms and immediate common area to which it has access, and any other information necessary for its proper identification;

3. A description of the common areas and facilities, and the proportionate interest of each unit therein;

4. A set of floor plans of the building or buildings, showing the layout, location, unit numbers and dimensions of the units;

5. A statement of the purposes for which the building and each of the units are intended and the restrictions, if any, as .to their use; and

6. The name, address and telephone number of the owner or lessor, and the came address and telephone number of any corporation, trust, association or other entity which will manage the condominium or cooperative upon conversion;

ii. The application contains a list of the names, addresses and telephone numbers of the tenants in residence in the housing accommodation at the time of the application;

iii. The owner has not, during the twelve-month period prior to the date of the application for a conversion permit, engaged in condominium or cooperative conversion evictions; and

iv. The owner certifies that he has complied or will comply with the notice, eviction, rent increase, relocation, right to purchase and other provisions of this Ordinance. Such certification shall include copies of all notices required to be delivered to tenants of housing accommodations pursuant to this ordinance.

e. Information from Tenants. The Department shall request additional information from the tenants residing in the housing accommodation subject to an application sufficient to determine that the owner has complied with the criteria for approval of a conversion permit, as provided in this section.

f. Notice of Application for a Conversion Permit: The owner shall notify each tenant of a housing accommodation subject to an application that the owner has applied for a conversion permit, and that the application may be viewed at the offices of the Department during regular business hours.

g. Issuance of Conversion Permit; Notice to Tenants. Upon issuance of a conversion permit to an owner by the Department, the owner s1ia11 deliver to each tenant of all housing accommodations subject to the permit a notice of issuance of the permit, on a form provided by the Department, The notice shall state in clear and conspicuous language:

i. that a conversion permit has been granted;

ii. that any tenant residing in the housing accommodation on the date the permit is issued shall have a period of time which shall be stated in the Notice of Intent to Seek Possession as provided in Section 5 before which the tenant can be evicted in order to facilitate sale or occupancy of the unit;

iii. that any tenant residing in the housing accommodation on the date the permit is issued shall have a right to purchase the accommodation, as provided in Section 4 of this ordinance; and

iv. a statement of the rights and obligations specified in Sections 5 and 6 of this ordinance.

Section 4: Notice of Intent to Convert; Right to Purchase.

a. Notice of Intent to Convert. In addition to any other notice required by this ordinance: an owner of a housing accommodation must provide a tenant with a Notice of Intent to Convert prior to the offering of such a unit for sale as a condominium or cooperative unit. Such written notice must be translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person. Such notice shall state in clear and conspicuous language:

i. that the owner has converted or is seeking to convert the accommodation to a condominium or cooperative form of ownership;

ii. that any tenant residing in the housing accommodation shall have a right to purchase the accommodation, as provided in this section; and

iii. that the tenant shall have a right to purchase the housing accommodation on terms and conditions described in the notice. Said terms and conditions shall be substantially the same as or more favorable than those which the owner extends to the public generally for the ninety days following the expiration of the tenant’s right to purchase. This notice may be served simultaneously with the notice of permit issuance required in 3(g) above.

iv. that there is a permit review process involving (1) a preliminary hearing after service of this notice and (2) a final hearing for a Conversion Permit at the end of the Notice Period or upon vacancy of the tenant, in addition to hearings as necessary that may be initiated by the tenants, owner or the City. These hearings shall be before the City and the tenant and owner shall be notified of the date and time at least two weeks prior to the hearing date. The tenant and owner shall have a right to attend any such hearings and to present evidence as to whether the owner has or has not met the requirements of this Condominium Conversion Ordinance.

b. Vacant Units - If an owner has an intent to convert an unoccupied housing accommodation to the condominium or cooperative form of ownership, the owner shall give one year advance notice to the City on a prescribed form. This one year waiting period requirement shall not apply under the following circumstances:

i. Where the unit had been previously owner occupied for the 12 months immediately preceding the unit becoming vacant; or

ii. Where the City or Designee purchases the vacant unit for the purpose of deed- restricting it for affordability; or

iii. Where the owner is selling the unit to a family member

c. Right to Purchase.

i. Initial right to purchase. An owner shall extend to a tenant who is entitled to receive notice of intent to convert an exclusive right to purchase such tenant’s unit from the owner prior to the expiration of 180 days after the date of receipt of the Notice of Intent to Convert. The tenant’s initial right to purchase shall expire at the end of said 180 days. Once the owner sets these terms of sale, the owner may not sell the unit under more favorable terms for 90 days from the expiration of the tenant’s right to purchase. The tenant may exercise the right to purchase the tenant’s unit by executing such purchase and sale agreement within the applicable period, whereupon the owner shall promptly countersign the agreement.

ii. Second right of purchase. For any housing accommodation where a tenant does not exercise the initial right to purchase, the owner shall give written notice to the tenant of a bona fide offer from a third party to purchase the accommodation which the owner accepts or is willing to accept. Said notice shall include a proposed purchase and sale agreement stating the terms and conditions of said offer, and shall notify the tenant of the right to purchase the accommodation, provided that any purchase by the tenant shall meet or exceed the terms and conditions of the third party offer. Failure of the tenant to execute the purchase and sale agreement with the owner within fourteen days of receipt of said notice shall terminate all rights of purchase by the tenant. At the request of the owner, the Department, or on the tenant’s own initiative, the tenant may voluntarily waive in writing the second right of purchase provided herein, at any time prior to the expiration of the fourteen days. The owner need not comply with the terms of this Section if the price accepted by the owner exceeds the price offered to the tenant under the initial right to purchase.

d. Notice to the Condominium Review Board. The owner of the housing accommodation shall provide a copy of all notices required by this section to the Department at the time said notices are delivered to the tenant of the housing accommodation. In the event that the tenant does not exercise the initial right to purchase the accommodation, the Department, the Cambridge Housing Authority (“Authority”) and any not-for-profit designee of the Department or the Authority, shall have an additional thirty days to purchase the accommodation on the same terms and conditions stated in the Notice of Intent to Convert. In the event that the tenant waives the second right to purchase, as provided herein. The Department may exercise the tenant’s second right to purchase and shall have the right to purchase the accommodation on terms and conditions that meet or exceed the third-party offer. The provisions in this Section are designed to better enable tenants in residency of a housing accommodation at the time the owner serves or should have served the tenants with a notice of intent to convert to remain in their units through the encouragement of non-profit ownership.

e. Notice to Subsequent Tenants. If a tenant who is entitled to receive a Notice of Intent to Convert pursuant to this section vacates the housing accommodation before the initial offer of such accommodation for sale, then the owner shall give each prospective tenant of the accommodation written notice, prior to the inception of the tenancy, which informs the prospective tenant that the accommodation is a condominium or cooperative unit, and, if applicable, that the unit is currently being offered for sale or will be offered for sale within ninety days of the inception of the tenancy.

f. The owner shall not commence any condominium or cooperative conversion eviction prior to the expiration of the tenant’s initial right to purchase.

g. Renting Units During Conversion

i. If an owner intends to sell or offer for sale fewer than all of the units in a housing accommodation, within the applicable notice period or a reasonable time thereafter, the owner shall give to each tenant in a unit not for sale a notice which (a) informs such tenant of the date when the owner reasonably expects to offer the tenant’s unit for sale and (b) states that, on or about such date, the owner will give to the tenant the notice required by this ordinance hereunder; and thereafter, at such time as the owner is ready to offer the unit for sale, the owner shall give the tenant then occupying such unit the notice required by this ordinance hereunder. The notice required herein must be translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person.

ii. If a tenant who is entitled to receive the notice of intent to convert vacates such tenant’s unit either before the initial sale and transfer of title to the residential unit as a condominium unit has occurred, and/or after the owner has otherwise already obtained a conversion permit for a unit which has not expired pursuant to this ordinance, then the owner shall give each prospective tenant of the unit written notice, prior to the inception of the tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this ordinance, except that they shall be entitled to the benefits of any remaining notice period for which the original tenant was entitled to, not to exceed one year. If such notice is not provided to the prospective tenant prior to the inception of the tenancy, the prospective tenant will then be afforded full tenant rights pursuant to this ordinance and the applicable notice period will restart in accordance with the status of the new tenant.

SECTION 5 - Condominium Conversion Review Board.

a. There is hereby established a Condominium Conversion Review Board to consist of five members, all of whom shall be City of Cambridge residents. The failure of a Review Board member to reside in Cambridge shall result in automatic termination of membership. Review Board members shall serve staggered terms of three years each. The Review Board shall include two homeowners, two tenants, and one elderly, disabled, or low- or moderate-income person, who may be either a homeowner or a tenant.

b. Review Board members shall be appointed by the City Manager, subject to confirmation by the City Council. For good cause shown, a Review Board member may be removed by majority vote of the City Council prior to the expiration of such member’s term of office. Members of the Review Board shall receive such annual compensation as the City Manager shall propose and the City Council shall approve, to be not less than the equivalent hourly wage per hour served mandated by the Cambridge Living Wage Ordinance.

c. The Review Board shall have the power to enforce the provisions of this ordinance and shall be responsible for promulgating such rules, policies and procedures, as it may deem advisable in furtherance of its purposes. In consultation with City staff, the Review Board may adopt such rules, policies and procedures by majority vote. Without limiting the generality of the foregoing, the Review Board, in conjunction with City staff, shall be responsible for developing administrative forms, conducting hearings, and granting or denying Conversion Permits.

Section 5 - Notice of Termination of Tenancy for the Purpose of sale as a Condominium or Cooperative unit; Terms and Tenants of occupancy; Relocation.

a. Notice of Termination of Tenancy. Prior to the commencement of a condominium or cooperative conversion eviction, the owner shall provide the tenant with a Notice of Termination of Tenancy for sale as a condominium or cooperative unit pursuant to Cambridge Municipal Code (this Ordinance as codified). This notice must inform the tenant of his or her rights under this Section and shall be served simultaneously with pr after the service of any Notice of Intent to Convert required by Section 4 above.

b. Period of Notice. The period of this notice shall not be less than the expiration of any written agreement between the owner and the tenant, or two years, whichever is greater; provided however, that for any housing accommodation occupied by a tenant with disabilities, an elderly tenant, or a low- or moderate-income tenant, the period of notice shall not be less than five years.

c. Term of tenancy. During the period of notice required by this section, the existing terms of the tenancy between the owner and the tenant shall remain in effect and shall not be modified except by voluntary written agreement of the parties; provided, that during the period of notice an owner may seek a rental increase in an amount that shall not exceed ten percent per year; provided further that nothing in this section shall limit the right of an owner to any amounts which may be due under a valid tax escalation clause.

d. Relocation payment. Any tenant who is entitled to reserve notice pursuant to this section, who does not purchase the housing accommodation in which the tenant lives shall, within ten days of vacating said unit, so long as it is within the period of notice specified in this section, be paid by the owner a relocation expense allowance of $10,000; provided, however if the tenant is a tenant with disabilities, an elderly tenant or a low or moderate income tenant such relocation expense allowance shall be $15,000.

e. Housing search assistance. Where an elderly tenant, a tenant with disabilities, or a low or moderate income tenant is entitled to receive notice pursuant to this section, the owner shall assist the tenant to locate comparable rental housing within the City of Cambridge for a rent which is equal to or less than the rent which such tenant had been paying for the housing accommodation at the time of receipt of the notice, and with a term of occupancy that is no less than the period of notice. remaining at the time the tenant receives the offer to rent the comparable rental housing. The refusal of the tenant to accept a reasonable, bona fide offer to rent comparable rental housing shall terminate the owner’s obligation to provide housing search assistance under this Section.

Section 6: Condominium and Cooperative Conversion Evictions.

a. General Provisions. No person shall seek or conduct a condominium or cooperative conversion eviction until the expiration of the periods of time for notice required by section 5(b) of this ordinance.

b. Termination of Tenancy and Eviction for Cause During the two-to-four-year notice period. Notwithstanding the provisions of subsection (a) above, any owner, landlord or other party in interest may terminate the tenancy of a tenant and may otherwise seek to evict a tenant of any dwelling subject to the provisions of this ordinance during tire time period set forth in Sections 5(b) and 6(a) above for:

i. non-payment of such rent as may be lawfully imposed pursuant to section 5;

ii. serious or repeated violations of material terms and conditions of any rental agreement between the owner and the tenant; and

iii. substantial violation of any law that imposes obligations on the tenant in connection with the occupancy.

c. Notice of Termination of Tenancy for Cause. No tenancy may be terminated under the provisions of Section 6(b) above except by such written notice as is otherwise required by law, or by the terms of a written rental housing agreement between the owner and the tenant. The notice shall state the grounds for termination of the tenancy with sufficient specificity to enable the tenant to prepare a defense. Any notice of termination shall be delivered to the Department at the time it is delivered to the tenant.

i. Failure to give any notice required by this ordinance, and any other substantial violation of this Ordinance shall be a defense to an action for summary process.

ii. Any action to recover possession of a housing accommodation of a tenant in occupancy at the time of conversion of the properly to the condominium or cooperative form of ownership, or at the time of initial bona fide sale of the unit as an individual condominium or cooperative unit, shall be presumed to be a condominium or cooperative eviction where one or more or the following has occurred:

A. Any dwelling unit in any building or structure in which the housing accommodation is located has been sold as a condominium or cooperative unit;

B. A master deed or articles of organization for the building or structure in which the housing accommodation is located has been duly recorded pursuant to the provisions of Chapters 156B, 157, 157B, or 183A of the General Laws;

C. A master deed or articles of organization for the building or structure in which the housing accommodation is located has been duly recorded pursuant to the provisions of Chapters 156B, 157, l57B, or 183A of the General Laws, or the landlord gives notice or conversion or planned conversion pursuant to this Ordinance within twelve months after an action is brought to recover possession or action is taken to increase the tenant’s sent; or

D. In any unit converted to a condominium or cooperative, the landlord has increased or is seeking to increase the tenant’s rent beyond the increases authorized by this section unless the landlord establishes his intent is not to facilitate the sale or transfer of the housing accommodation to a prospective buyer.

iii. Additionally, an eviction shall be presumed to be a condominium or cooperative conversion eviction if the owner has the intent to convert as defined herein.

iv. Where a presumption of a condominium or cooperative conversion eviction exists, such presumption may be rebutted by the owner only through clear and convincing evidence that the eviction was not a condominium or cooperative conversion eviction and that the owner had sufficient independent justification for seeking possession or taking other action and would have in fact taken such action, in the same manner and at the same time whether or not the owner intended to sell the unit as a condominium or cooperative. Where the owner is unable to rebut the presumption provided for in this Section, the owner cannot regain possession of the housing accommodation.

d. Tenant’s Petition for a Determination. Any tenant of a housing accommodation may seek a written determination from the Department that an owner has the intent to convert and seeks to dispossess the tenant in order to facilitate the sale of the unit as a condominium or cooperative. Upon issuance of a determination favorable to the tenant, the owner shall comply with the provisions of this Ordinance. In addition, any rent increases in excess of ten percent paid by the tenant during the six-month period prior to the tenant’s request for a determination shall be returned to the tenant by the owner.

e. Intervention by the Condominium Review Board At the request of a tenant of a housing accommodation, or on its own, the Department may intervene in a summary process action brought by the owner to recover possession of a housing accommodation. Reasons for such intervention could include, but not be limited to, a request for dismissal of the landlord’s claim for possession based on findings made by the Department, or a request to stay the summary process proceedings to allow the Department to initiate or conclude administrative procedures which would establish the relative rights and responsibilities of the parties under this Ordinance.

Section 7. Data Collection

a. The Community Development Department shall gather data related to the Condominium Conversion Ordinance to be presented annually in a report to the City Council. This report shall also be made available to the public online. Such data will include at minimum:

i. The number of condominium conversion applications received, denied, and granted.

ii. The breakdown in the number of applications by zip code or neighborhood.

iii. The number of times that tenants or other entities exercised their right to purchase under the ordinance.

iv. The average offer per unit type made under the right to purchase requirements as described by this ordinance.

Section 8. Enforcement.

a. The Department shall have the authority to promulgate regulations as needed to effectuate this Ordinance.

b. Any owner who willfully violates any provision of this ordinance shall be punished to the maximum extent allowable under St. 1983, c. 527, §5. Each violation of this ordinance shall constitute a separate offense.

c. Any violation of this ordinance by an owner shall not affect the validity of a conveyance of a condominium unit or interest in a cooperative to a purchaser for value who has no knowledge of such violation.

d. the District and Superior Court shall have concurrent jurisdiction over an action arising from any violation of this ordinance and shall have jurisdiction in equity to restrain any such violation.

Section 9. Effective Date; Applicability.

a. Except as provided herein, this ordinance stiall.be effective upon enactment.

b. Any condominium conversion notices properly issued in accordance with the requirements of St. 1983, c. 527, Section 4 after the expiration of Chapter 3G of the Acts of 1976 and prior to the enactment of this Ordinance shall remain in effect and shall not be subject to the provisions of this Ordinance.

c. Where a housing accommodation was first converted to the condominium or cooperative form of ownership prior to the lapse of rent control enabling authority, and as of the effective date of this Ordinance there are elderly, handicapped or low or moderate income tenants remaining occupancy who resided there at the time of conversion or initial bona fide sale of the housing accommodation as an individual condominium or cooperative unit, such tenants shall be entitled to the benefits of this Ordinance except those set forth in Section 3.

d. The requirements of section 3 shall not be applicable to any housing accommodation converted to the condominium or cooperative forms of ownership on or before the enactment of this ordinance.

Section 10. Severability.

If any provision of this ordinance or the application of such provision to any person or circumstance is held invalid, the validity of the remainder of this ordinance, and the applicability of such provision to other persons or circumstances shall not be affected thereby.