Loading...
HomeMy WebLinkAbout1989-11-01-CCB-min(~inutes of Tau~n of Lexin tan Condominium Conversion Board Meetin of November ~ 1989 The Condominium Canuersian Board held a meeting an November 1, 1989 at Tarn Hall , co~~r~mencing at ? , 45 p . m. Members off' the Board present sere Da.ane Lund, chairperson, Mar~jarie Weems, vice chairperson, Catherine Deans, Thomas Gou~oule, and Daniel Gr~.ffin, secretary. Chairperson Lund called the meeting to order and on her motion, duly seconded, it gas unanimously Voted, that the Msnutes of the Board meeting of February 18, 1988 be accepted as . subi~nii~ted by the former secretary, Nathan BGCker, After discussion by the Board members, presentations by Albert Zabin, Attorney Jeffrey Petrucelly, counsel fir Emerson Gardens Tenant's Association and Thomas Gouzoule and Richard Eaton of the Emerson Gardens Tenant's Association, on matron by Daniel Griffin, duly seconded, Thomas Gouzaule abstaining, it gas, Voted, that Regulations of the Torn of Lexington Condominium Conversion Board as drafted by Torn Counsel and dated November 1, 189 be hereby adopted pith the falla~ing amendments thereto; ~ 1~y insert as n~. Section III, Paragraph 3 . b the fallo~v~i ng 3.fi "Consumer Price Index" as used in Section ~~e}~23 of Article XXXIU of the General By-Lays and Chapter . 5~? of the A cis of 198 ~ s hall be the United States Consumer Price Index fo~^ All Urban Consumers, U,S, City Average, as pub~.ished by the United States Department of Labor, Bureau of lobar Statistics, The remaining paragraphs of Section III are renumbered as 3."~ et seq. (Z} Insert the u~ord "tax" bet~een the yards "ualzd" and "e~Caldtl4n" In SeCtlan UI. The meeting gas adjourned ~~t 9 : 10 p ~ m, Respectfully submitted, .._ ,, . F ! ~,_ r r~ , r ~' Daniel J. G iff' Jr, ~~ Secretary ~ ~~1 ~~k~,~t~ac Adopted 11/1/89 i -'_' REGULATIONS OF THE TOwN OF LEXINGTON CONDOMINIUM CONVERSION BOARD Section I Purpose and Scope 1.1 Pur ose __-___ These Regulations implement the Town of Lexington Housing Conversion and Eviction By-Law, Chapter 527 of the Acts of 1983, and other statutes regulating the conversion of residential housing rota condominium or cooperative units in the Town of Lexington. 1.2 Scope w These Regulations provide for various rights, duties and - obligations pursuant to the Town of Lexington Housing Conversion and Eviction By~-Law, as amended, and shall apply to the. conversion of housing accommodations in the Town of Lexington into condominium or cooperative units or accommodations, as defined herein. Provisions of the By-Law or these Regulations which impose requirements in addition to those set forth in Chapter 527 of the Acts of 1983, as amended, shall be inapplicable to: .41 housing accommodations constructed or converted from a non-housing to a housing use after November 3D, 1983; .~ Adopted 1111/89 ,p2 housing accommodations which were constructed ar substantially rehabilitated pursuant to any federal mortgage insurance program, without any interest subsid or tenant subsidy attached thereto; or` y .03 housing accommodations financed throng-h the Massachusetts Housing Finance Agency, with an interest subsidy attached thereto. Section II Relationship to other Laws These Regulations are meant to supplement, and not to limit, the protections and benefits available to tenants under the Town of Lexin ton Housin Conversion and Eviction By~Law, as amended; 9 9 Chapter 527 of the Acts of 19$3, as amended; M.G.L. c. 183A, as amended; and any other statute of the Commonwealth or court decision, Section III Definitions As used in these regulations, the following words shall have the following meanings, unless the context clearly requires otherwise. 3.1 "Applicant", the owner or purchaser of a housing accommodation applying for a Conversion or Eviction License under these Regulations and the By-Law. .,,, ^ w , -, ~ .- Adopted 1111/89 r ~~Board", the Condominium Conversion Board, consisting 3.2 of five members appointed by the Town of Lexington Board of Selectmen who are responsible for the administration of the $y--Law and these Regulations. "B --Law" the Town~of Lexington Housing Conversion and 3.3 Y Eviction By--Law, as amended. . nCondorninium or cooperative conversion eviction", an 3.4 of a tenant ~a~ for the purpose of removing eviction frarn a housin accommodation in order to such tenant g facilitate the initial sale and transfer of legal title to that housing accommodation as a condominium or coo erative unit to a prospective purchaser, or ~b~ far P the ur ose of removing such tenant from a housing P p in order to facilitate. the sale and accommodation transfer of legal title to that housing accommodation after a binding purchase and sale agreement has been validl executed for the sale of such condominium or Y coo erative unit; provided, however, that the eviction P or non a meet of rent or other violation of a tenant f p Y of a rental a reement for which a tenant may be evicted g e law shall in no event be deemed a under applicabl condominium or cooperative conversion eviction. "Condominium unit or accommodation", a unit, as that 3.5 erm is defined in M.G.L. c. 183A, in a housing t condominium. " onsumer Price Index" as used in Section 4~e~~2} of 396 C ....~.» c e xxxl~ of the General By-Laws and Chapter S2~ of Arti 1 ~- 3 -- Adopted 1111/89 the Acts of 1983 shall be the United States Consumer dex far All Urban Consumers, U.S. City Average, Price In ublished b the United States Department of Labor, as p Y Bureau of Labor Statistics. !+ 'f he recordin of a master deed or master 3,~ Conversion t 9 to make the initial sale and transfer of lease in order title to a housing accommodation as one or more condominium units pursuant to an individual unit deed or deeds, or, as one or more cooperative units pursuant to an individual proprietary lease or leases, as the case may be. "Conversion License", the license required by the By~- 3.8 'on 4.1 of these Regulations prior to the Law and Sects conversion of any housing accommodation into nium or coo erative forms of ownership. condoms P "Conversion Notice", the notice given by the owner to 3.9 the tenant as required by Section 4.2 of these Regulations. 'Coo erative unit or accommodation", a unit, as set ~.lo P forth in M.G.L. c. 155B, 15~, or 1578, in a housing cooperative. "Elderl tenant", a tenant or group of tenants of the 3.11 Y same housin accommodation any of whom has reached the g . sixt -two ears or over as of the date of the age of y Y ` such housin accommodation prior to the Conversion of 9 on of this B -law or the receipt by such tenant adopts Y ..,~_ '. ~ . m ~, Adopted ll/1/89 or group of tenants of any Conversion Notice provided for herein, whichever is earlier. 3,12 "Eviction License", the license required by the By-Law and Section 5.1 these Regulations prior to the eviction . of any handicapped, elderly or low to moderate income tenant from any housing accommodation. 3.13 "Handicapped tenant", a tenant or group of tenants of the sane housing accommodation any of whom is h sically handicapped as defined in M.G.L, c. 22 §13A pY as of the date of the Conversion of such housing accommodation prior to the adoption of this By--law or the receipt by such tenant or group of tenants of any conversion Notice provided for herein, whichever is earlier. 3,14 "Housing accommodation", any building, structure, or art thereof or land appurtenant thereto, or any other p real or ersonal property rented or offered for rent P .for living or dwelling purposes which has been used in whole or in part far residential purposes within one ear riot to the date of submission of an application y p for a Conversion License provided for herein or within. one ear riot to the time of the Conversion of such Y p . housing accommodation prior to tho adoption of this Bylaw, whichever is earlier, together with all - services connected with the use or occupancy of property, but not including the following: ..,... Adopted 11/1189 .O1 housing accommodations which the United States or the Commonwealth ar any authority created under the laws thereof either awns or operates; .02 housing accommodations in any hospital, convent, monaster as lum, public institution or college ar Y y school dormitory operated exclusively for charitable or educational purposes, or in ant nursing or rest home for the. aged;' ,03. buildings containing fewer than four housing accommodations; or .04 housing accommodations in hotels, motels, inns, tourist homes , and rooming ..and board ing houses which are occupied by transient guests staying for a period of fewer than fourteen consecutive calendar days, 3.15 "Interest subsidy", any payment made by the federal or state government to reduce the effective interest rate payable by a mortgagor, 3.1G "Low yr moderate income tenant", a tenant or group of tenants entitled to occupy the same housing accommodation as of the date of the Conversion of such housing accommodation prior to the adoption of this By--law or the receipt by such tenant or group of tenants of any Conversion Notice provided for herein, whichever is earlier, so long as the total income for such tenant or group of tenants for the twelve months immediately preceding the date of the Conversion of _5_ Adopted 1111/89 such housing accommodation prior to the adoption of this By-law or the receipt by such tenant or group of tenants of any Conversion Notice provided for herein, whichever is earlier, is less than eighty per cent of the median income for the area set forth in~regulations promulgated from time to time by the Department of Housing and Urban Development pursuant to 42 USC 1437 et se ., and calculated pursuant to said regulations; or, a tenant or group of tenants entitled to occupy the same housing accommodation as of the date of the Conversion of such housing accommodation prior to the adoption of this By--law or .the receipt by such tenant or group of tenants of any Conversion Notice provided for herein, whichever is earlier, so long as the total income for such tenant ar group of tenants for the welve months immediatel receding the date of the t Yp Conversion of such housing accommodation prior to the adoption of this By-law or the receipt by such tenant or group of tenants of any Conversion Notice provided - for herein, whichever is earlier, falls within fifty per cent to one hundred and twenty per cent of the . Boston SMSA median income~as calculated from time to time by the Department of Housing and Urban Development ursuant to 42 USC 143 et seq., as amended; whichever p shall apply. ~~~ ~6b Adopted 11/1189 3.17 "Cwner~, the individual or entity which holds title to any hausing accommodation subject to Conversion includin the individual or entity which holds title to g any condominium or cooperative accommodation after such Conversion but prior to the execution, delivery and recording of a unit deed 4in the case of condominium conversion3 or a unit lease ~ in the case of a coo erative conversiony for such accommodation, p including without limitation, a partnership, corporation, or trust. 3.18 "Purchaser", an individual or entity other than the Owner which has validly executed a binding purchase and sale agreement for a condominium or cooperative unit, including without limitation, a partnership, ,corporation, or trust. For the purposes of these Regulations, a purchase and sale agreement shall be considered binding even though the Purchasers obli ation to urchase the condominium or cooperative g p unit is subject to the customary contingencies as to financing and inspection. 3.1g "Tenant", a person or group of persons collectively entitled tv occupy a housing accommodation pursuant to~ a written, oral or implied rental agreement existing at the date of the Conversion of such housing accommodation prior to the adoption of this Ay-law or the receipt by such tenant or group of tenants of .any _8_ ~• ~ Adopted 1111/89 Conversion Notice, whichever is earlier. Any tenant or group of tenants who first becomes entitled to occupy a housing accommodation after the date of the Conversion of such pausing accommodation prior to the adoption of this B -law or the granting of any Conversion License Y for such housing accommodation shall not be entitled tv the protections afforded by the By-Law or these Regulations. 3,20 "Tenant subsidy", any payment made by the federal or state overnment for or on behalf of any tenant to be 9 a lied toward the reduction of the tenant's rental PP payment. 3.21 "Total Income", the total combined income from all sources for a tenant ar group of tenants of a housing accommodation far the 12 months immediately preceding the date of the Conversion of such housing accommodation prior to the adoption of this By-law, or the receipt by such tenant or group of tenants of any Conversion Notice provided for herein, whichever is earlier, or the exercising of any right whichever may occur later, excluding income which is temporary, non- recurring or sporadic as defined in H.U.D, Regulation 2~ CFR Section 860. 403 ~n}~ll~-~7~. Total income shall include, but not be limited to, the following: ..g_ _ y 1 i Y } Adoptea ~~rlr~~ 1 The rocs amount, before any payroll deductions, .fl g of wa es and salaries, overtime pay, .commissions, g fees, tips and bonuses; .D2 Net income from the operation of a business or profession; est dividends, and net income of any kind .03 Inter , om real or ersonal property; fr p unt of eriodic payments received from p 4 The full ~ amo p social security, annuities, insurance policies, ement funds, pensions, disability or death retir other similar types of periodic benefits and receipts; Pa meets in lieu of earnings, such as unemployment .D5 y compensation and severance pay; ,OG Welfare assistance payments; ,07 Periodic and determinable allowances, such as alimon and child support payments, and payments y nominall to a minor for his support and Y controlled for his benefit by another; .08 Re lar contributions or gifts received from arsons not residing in the housing accommodation; p and ,p9 All re lar aye sped-al Payments, and allowance 9u p received by a member of the Armed Forces. 'Town" the Town of Lexington, Massachusetts. 3.Z2 --~o~ Adopted 11/1189 Section Iv conversion Licenses Q.1 License Re fired No housing accommodation in the Town shall be converted to condominium or cooperative units after May 13, 1987 unless the owner or Purchaser as the case may be of such housing accommodation shall have first secured a Conversion License from the Board. The ,Board shall rant a Conversion L~.cense provided the Applicant has 9 complied with all requirements of federal, state and local law and regulations. 4.2 License Applications Applications for Conversion Licenses shall be made on forms established by the Board. Application forms shall be signed by the Applicant and shall be accompanied by evidence satisfactory to the Board that the Applicant has notified the Lexington Housing Authority, the Lexington Housing Assistance~Board and all affected tenants of the Applicant's intent to convert the subject housing accommodations to condominium or cooperative units; which notice to affected tenants shall include at a minimum all information required by Section 4 of Chapter 527 of the Acts of 1983, as amended,. as can be provided prior to the creation of the condominium or cooperative units, -~11- Adopted 111119 to ether with such other information as the Board may g from time to time require, 4.3 Public Hearing Notice Upon receipt of the completed Conversion License a lication, the materials described in Section 4.2, Pp and a ment of the application filing fee as provided pY in Section IX, the Board shall serve notice of a public hearin to all tenants of the subject. housing g on b certified or registered mail, return accommodati y recei t re ested, and by publication in a newspaper of p ~ general circulation within the Town. 4.4 Farm of Notice The notice of the public hearing shall schedule the date for a public hearing not less than thirty days~nor more than sixty days from the date of that notice. By a reement of a maj ority of the Board and the Applicant, 9 e ublic hearin ma be reasonably postponed for up th p g Y to an additional sixty days beyond the initial public hearin date, provided, however, that nv postponement 9 shall be made during the seven days prior to the public hearin In the event of a postponement, the Board g shall re-notify the parties entitled to receive notice ursuant to this Section and shall republish the notice P of the public hearing in the same newspaper. ~.~ Decisions -12-- Adapted 111119 Bice t as provided for in this Section,.the Board shall p issue a written decision within sixty days of the ublic hearing, which shall be duly filed with the Town p Clerk and served to the Applicant and all tenants entitled to receive notice pursuant to Section 4,3 by certified or registered mail, return receipt requested, In the event that the Board does not so issue a written decision within sixty days of the public hearing, the Board shall be deemed to have granted the conversion License requested without condition, except those im osed b state law. The Board shall, upon request of P Y an party, issue a written ,confirmation of its deemed Y decision within seven days of such request. ~,6 Conversion License Conditions Any Conversion License issued by the Board may contain reasonable conditions for the .protection of tenants. The Board shall consider the following factors in determinin whether to impose any conditions 9 and in decidin what conditions may be appropriate in 9 connection with a particular Conversion: .O1 the protection of the public interest of the Town of Lexington in preserving the existing rental housing accommodations available for use by tenants, particularly those who are -13- .~ Adopted 11/189 b elderly, handicapped, or of low to moderate income; .02 the hardships imposed on the tenants residing n the housin accommodations proposed to be i g converted; .p3 the aggravation of the shortage of rental housin accommodations in .the Town which may 9 result from the Conversion,. especially housing accommodations suitable for low and moderate income tenants, single parent household tenants, elderly tenants, handicapped tenants, or fixed-income tenants; .Q4 the hardships imposed on the Owner or Purchaser of the unit; and .05 reasonable arrangements by the Owner, Purchaser, or third parties, tv alleviate the hardships on the tenants affected by the ` proposed Conversion. The Conversion License conditions imposed may include, but are not limited to, .D6 specified schedules for the sale of individual units; or .47' the offering of a specified percentage of units to the Lexington Housing Authority, the Lexington Housing Assistance Board or other entity approved by the Board for low and -14~- ,• Adopted 1111189 moderate income rental units as provided in Section vIII of these Regulations. Section ~. Eviction Licenses 5.1 License Rewired '~~~ - - ^PI~PIIi1~P No condominium or cooperative Conversion eviction shall be instituted against any elderly, handicapped,.ar low or moderate income tenant unless the owner or Purchaser seeking to evict any~such tenant shill have first secured an Eviction License from the Board. The Board shall grant an Eviction License provided the Applicant has com lied with all requirements of federal, state, p and local law and regulations, and with the requirements of these Regulations. No Eviction License shall be granted unless (a~ either the Conversion occurred prior to May 13, 1987 ,or a valid Conversion License has been issued for the subject housing accommodation, and ~b~ either a binding purchase and .sale agreement for the subject housing accommodation unit has been validly executed or the Owner in goad faith desires to occupy the subject housing accommodation unit. Any tenant or group of tenants who first becomes entitled to occupy a housing accommodation after the date of the Conversion of such housing accommodation prior to the adoption of this . By-Law ar the granting of any Conversion License for --15 -- Adopted 1111!89 such housing accommodation shall not be entitled to the protections afforded by the By-Law or these Regulations, 5,2 License A lications Applications fvr Eviction Licenses shall be made on forms established by the Board. Application forms shall be signed by the Applicant and shall be accom anted by the following materials: P .ol a copy. of the Conversion License previously ranted b the Board or evidence that the g Y Conversion occurred prior to May 13, 1987; .02 evidence reasonably satisfactory to the Board that the Applicant has complied with all applicable provisions of Chapter 527 of the Acts of 1983, as amended, as can be satisfied prior to the eviction of the tenant, specifically including written evidence that the condominium or cooperative unit was offered for sale to the tenant and that the tenant has waived his or her right to acquire such unit; and .03 such other information as the Board may from time to time require 5.3 Public Hearing Notice Upon receipt of (a) the completed Eviction License application, (b) the materials described in Section --lb- 4 ~ s . Adopted 1111189 5,2, and ~c~ a copy of an executed, binding purchase and sale agreement covering the subject housing accommodation, or an affidavit from the pwner as to his or her desire to occupy said accommodation, as the case may be, and upon payment of the application filing fee as rovided in Section IX, the Board shall serve notice p of a public hearing to all tenants of the subject . housing accommodation whose eviction the Applicant seeks by certified or registered mail, return receipt re ested, and by publication in a newspaper of general circulation within the Town. 5.4 Form of Notice The notice of the public hearing shall schedule the date fora ublic hearing not less than thirty days nor F more than sixt da s from the date of that notice. By Y Y agreement of a majority of the Board and the Applicant, the public hearing may be reasonably. postponed for up to an additional sit days beyond the initial public Y hearing date, provided, however, that na postponement shall be made during the seven days prior to the public hearing. In the event of a postponement, the Board shall re-notify. the parties entitled to receive notice ursuant to Section 5.3 and shall republish the notice P of the public hearing in the same newspaper. ,,5 Decisions _1~- Adopted 1}.11/89 Except as provided for in this Section, the Board shall issue a written decision within sixty days. of the public hearing, which shall be duly filed with the Town clerk and served tv the applicant and all tenants entitled to receive notice pursuant to Section 5.3 hereof by certified or registered mail, return receipt requested. In the event that the Board does not issue a written decision within sixty days of the public hearing, the Board shah. be deemed to have granted the Eviction License requested. 5.~ Eviction License conditions Any Eviction License issued by the Board may contain reasonable conditions for the protection of tenants. The Board shall consider the fallowing factors in ~eter~nining whether to impose any conditions and in deciding what conditians may be appropriate in connection with a particular eviction;. .ol The. hardships on the tenant and the Owner or Purchaser of the unit, including, but not limited to, finances, health, age, family problems, and the desirability of tenant children continuing to attend Town schools; .02 the availability of affordable housing for the tenant in the Town; and .43 the housing situation of the owner or Purchaser of - the unit. -18-- Adopted ll~ll~9 Eviction License conditions may include, but are not limited ta: .04 rohibiting the eviction for a period of time, not p less than one ear ar any other period of+time to Y which the tenant is entitled under the. provision of any other law, court decision, regulation, ar b -law, and not mare than a period of five. years Y from the.date of the application for a license to evict. .05 requiring the Applicant to extend the rental a regiment 9 far a eriod p of time not less than one year. or any other period of time which the tenant is entitled to under the provision of any other law, court decision, regulation, or by-law, and not more than a period of five years from the date of the application for a license to evict, as provided for in Section vI. Such conditions imposed by the Board on an Eviction License shall be in addition to, and not in limitation of, any. right, rotection, or benefit available to any tenant under any statute p of the Commonwealth ar court decision. Section vI Rental Agreement Extensions rsuant to~Section 5.b.o5, the Board may grant an Eviction - e on the condition that the~Applicant extend the applicable Licens _lg_ Adopted 11/1/.89 rental agreement for a period~of time not less than one year or for an other period of time to which the tenant is entitled to Y under the provision of any other law, court decision, regulation, or B -Law, Y but not for more than a period of five years from the date of the application for the Eviction License. In connection with any such extension, the provisions of such a rental a regiment may not otherwise be modified, except with respect to g the amount of annual rent, any increase in which shall not exceed an amount equal to the sum which would result by multiplying said rent by the percentage increase in the consumer price index for urban consumers as published by the United States Department of or Bureau of Labor Statistics, during the calendar year Lab , immediately preceding the date upon which such rental agreement is commenced, or ten per cent, whichever is less. This restriction, however, shall not l~.mit the right of an Owner or purchaser to an reasonable amounts which may be due under a y valid tax escalation clause in the rental agreement. .._.,._: Section vII Low to Moderate Income Rental Housin Dedication Pursuant to Section 4.6.05, the Board may grant a Conversion License on the condition that the Applicant offer a reasonable ercentage tnat less than ten per cent and not more than twenty P er cent} of the housing accommodations to the Lexington Housing P it the Lexin ton Housing Assistance Board, or a limited Author y, 9 rofit or non-profit legal entity approved by the Board upon p reasonable terms and conditions as will make the offeree eligible --20~ . _~ Adopted 11I1I84 for state or federal subsidies and as will make it economically feasible for the unit to be purchased for rental to persons of low yr moderate incflme. Such units shall be permanently ned as rental housin accommodations for low and~rnoderate maintai g income tenants. Section VIII Public Hearin s 8.1 Sco e - ~. All Board decisions as to Conversion and Eviction Licenses shall be roceeded b a public hearing held pursuant to the p Y requirements of this Section. 8.2 Hearings The Board, or an hearing officer the hoard may appoint, shall Y conduct the hearing in as informal and open a manner as possible while ensuring that all parties entitled to receive notice have an opportunity to present their positions and to contest the issues. Neither the Board nor any hearing officer it might appoint shall have any interest in or relationship to the housing accommodation or parties involved. S.3 Notice of Hearin The Board shall notify the parties of the time, date, and place of the public hearing pursuant to Sections Iv or v. 8.4 Counsel Any party may appear on his or her behalf or has the right to be -accompanied, represented, and advised by any person authorised by - that party. -21- . ,~ Adopted 11I1/~9 ~, 8.5 Evidence observed b courts of law need not apply in the Rules of evidence y , hearing Evidence ma Y be admitted and given probative effect only if is the kind it of evidence on which reasonable persons toured to rel in the conduct of serious affairs. Unduly are accus Y t incom rehensible or illegible evidence repetitious, irrelevan p or an hearin officer it might may be excluded. The Board y g ' ma conduct invests ations and question such parties as appoint y 9 it shall deem necessary. 8.6 Records r rd .or an hearin officer it may appoint shall maintain The Boa y g tten records of the hearing proceedings and any Board brief wri ons or actions. Such records shall be available for public decisi ' ection Burin normal business hours, insp 9 8,7 Decisions d or hearin officer shall issue a written decision with The Boar 9 . ortin reasons ,pursuant to Section IV for Conversion Licenses supp 9 and to Section V for Eviction Licenses. Section IX Filin Fees g,l Conversion Licenses ons for~Conversion Licenses will only be accepted by the Applicati on the recei t of a filing fee in the amount of Fifty Board up p 5~ Dollars for each such application. ~ ~ ~g,Z Eviction Licenses -22- Adopted 11/189 for Eviction Licenses will only be accepted by the Applications the recei t of a filing fee in the amount of Fifty Board upon P 5p~ Dollars for each such application. ~ ~ 9.3 Waiver of Filing Fees The Board in its sole discretion may waive the filing. fee for any Applicant upon the filing of an affidavit of indigency setting forth the Applicant's income and expenses. Section X Miscellaneous 1~.1 Review and A eal ns of the Board or an hearing officer it may appoint Decisio Y incl. A arson a rieved by any action or decision of shall be f p g9 ma a eal to an court of competent jurisdiction such the Hoard y pp Y on or decision within thirty days of the date the decision acts ed with the Town Clerk or within such time as state law was f it permits. 10.2 Enforcement ure to com 1 with the provisions of the By-Law or these Fail P Y result in the initiation of both civil and Regulations may actions a ainst an violator pursuant to Chapter 527 of criminal g Y cts of 19g3.~ Qther Towns State, or Federal laws may also . the A es far violations of the By-Law and these provide penalti violation of the B -Law or these Regulations by Regulations. Any Y hausin accarn~modation shall not affect the validity an owner of a g conve ance of a condominium unit or an interest in a housing of a Y -23- 4 ,~ ~ Adopted 11/1189 ~.. coo erative to a urchaser for value who has no knowledge of the P P violation. 10.3 Severabili~ The ravisions of these Regulations are severable, and if any P rovisians shall be held unconstitutional or otherwise invalid by P an court of com etent jurisdiction, the decision of such court Y P all not affect or im air any of the remaining provisions. sh P 10.4 Effective Date se Re lations shall take effect on November 1, 1989. The gu A endix A Notice Forms 1. Conversion Notice ~. Public Hearing Notice --24- Adopted 11/1/89 Appendix B Conversion License Application Forms -25- 4 v ,` Adopted 11/1/89 ~pendix C Eviction License Application and-Forms _2~.~ i Adapted 1111189 .,, Appendix D Low to Moderate Income Rental Housing Dedication _~~~.