CONDOMINIUM OR COOPERATIVE CONVERSION. The initial sale or transfer of legal title to a housing accommodation and the recording of the master deed or articles of organization pursuant to M.G.L. Chapters 156B, 157, 157B or 183A. As used herein, such term shall also mean any activity by a landlord, developer, investor or other persons which would result, is intended to result or does result in a change in the form of ownership of any housing accommodation to a CONDOMINIUM OR COOPERATIVE UNIT, whether by conversion of an existing housing accommodation or through demolition and construction of a new accommodation, or in the sale or transfer of legal title of any housing accommodation as a CONDOMINIUM OR COOPERATIVE UNIT, and shall include the transfer, sale, marketing, advertisement or Boston Redevelopment Authority, Boston Zoning Commission or Boston Zoning Board of Appeals approval of any housing accommodation as a condominium or cooperative unit.
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION.
(1) Includes:
(a) An eviction of a tenant for the purpose of removing such tenant from a housing accommodation in order to facilitate the initial sale and transfer of legal title to a condominium or cooperative unit in such housing accommodation to a prospective purchaser; or
(b) An eviction of a tenant by any other person who has purchased a condominium or cooperative unit in a housing accommodation when 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 to convert the housing accommodation to the condominium or cooperative form of ownership pursuant to this Section. However, the eviction of a tenant for non-payment of rent or other substantial violation of a rental agreement shall in no event be deemed a CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION, as long as the landlord would have taken the same action at the same time whether or not the landlord was converting the housing accommodation to the condominium or cooperative form of ownership.
(2) If a landlord intends to transfer the housing accommodation to a prospective purchaser where the landlord knows or should have known that the prospective purchase intends to convert the housing accommodation to a condominium or cooperative unit, and such prior landlord seeks to evict the tenant in anticipation of conversion, such eviction shall be deemed to be a CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION for the purpose of this Section.
(3) For purposes of this definition, the INITIAL SALE AND TRANSFER OF LEGAL TITLE shall mean the first bona fide sale or proprietary lease for fair market value and EVICTION shall include, without limitation, any action by a landlord 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 be constructively evicted from such housing accommodation. An eviction shall be presumed to be a CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION if the landlord has the intent to convert, as defined below.