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Be it enacted by the Senate and House of Representative in
General Court assembled, and by the authority of the same, as
follows:
SECTION 1. As used in this Act, the following words shall,
unless the context clearly requires otherwise, have the
following meanings:
“Entity”, a business organization, or any other kind of
organization, including without limitation, a corporation,
partnership, trust, limited liability corporation, limited
liability partnership, joint venture, sole proprietorship, or
any other category of organization, and any employee, agent,
servant or other representative of such entity.
“Eviction”, any action, without
limitation, by a foreclosing owner of a housing accommodation
which is intended to compel a tenant or former owner-occupant,
now tenant at sufferance, to vacate or to be constructively
evicted from such housing accommodation.
“Foreclosing owner”, an entity that holds title, in any
capacity, directly or indirectly, without limitation, whether
in its own name, as trustee, or as beneficiary, to a housing
accommodation that has been foreclosed upon, and either (1)
held or owned a mortgage or other security interest in the
housing accommodation at any point prior to the foreclosure of
the housing accommodation or is the subsidiary, parent,
trustee, or agent of, or otherwise is related to any entity
which held or owned the mortgage or other security interest in
the housing accommodation at any time prior to the foreclosure
of the housing accommodation; or (2) is an institutional
mortgagee that acquires or holds title to the housing
accommodation within three years of the filing of a
foreclosure deed on the housing accommodation.
“Foreclosure”, a legal proceeding to terminate a mortgagor’s
interest in property, instituted by the mortgagee, either to
gain title or to force a sale in order to satisfy the unpaid
debt secured by the property, including, without limitation,
foreclosure by action, by bill in equity, by entry and
continuation of possession for three years, and by sale under
the power of sale in a mortgage as described in chapter 244 of
the General Laws.
“Housing accommodation”, any building or buildings, structure
or structures, or part thereof or land appurtenant thereto, or
any other real or personal property used, rented or offered
for rent for living or dwelling purposes, together with all
services connected with the use or occupancy of such property.
“Institutional mortgagee”, any entity that holds or owns
mortgages or other security interest in three or more
properties in the CITY OF BROCKTON, or is the subsidiary,
parent, or agent of, or otherwise related to any entity which
holds or owns mortgages or other security interests in three
or more properties in the CITY OF BROCKTON or acts as a
mortgage servicer of three or more mortgages of properties in
the CITY OF BROCKTON.
“Just Cause”, shall be at least one of the following:
(a) the tenant has failed to pay a reasonable rent to the
foreclosing owner, but only if the foreclosing owner notified
the tenant in writing of the amount of such reasonable rent
and to whom it was to be paid;
(b) the tenant or occupant has violated an obligation or
covenant of the tenancy or occupancy other than the obligation
to surrender possession upon proper notice and has failed to
cure such violation within a reasonable time after having
received written notice thereof from the foreclosing owner;
(c) the tenant or occupant is committing or permitting to
exist a nuisance in, or is causing substantial damage to, the
unit, or is creating a substantial interference with the quiet
enjoyment of other occupants;
(d) the tenant or occupant is convicted of using or permitting
the unit to be used for any illegal purpose;
(e) the tenant or occupant who had a written lease or other
rental agreement which terminated on or after this act has
taken effect, has refused, after written request or demand by
the foreclosing owner to execute a written extension or
renewal thereof for a further term of like duration and in
such terms that are not inconsistent with or violative of any
provisions of this act;
(f) the tenant or occupant has refused the foreclosing owner
reasonable access to the unit for the purpose of making
necessary repairs or improvement required by the laws of the
United States, the commonwealth of Massachusetts or the CITY
OF BROCKTON or for the purpose of inspection as permitted or
required by agreement or by law or for the purpose of showing
the rental housing unit to a prospective purchaser or
mortgagee;
(g) a binding purchase and sale contract with a purchaser who
intends to occupy the housing accommodation as such
purchaser’s principal residence and who is not a foreclosing
owner, where such agreement requires the housing
accommodation or some portion thereof to be conveyed vacant.
“Mortgagee”, an entity to whom property is mortgaged; the
mortgage creditor, or lender, including, but not limited to,
mortgage servicers, lenders in a mortgage agreement and any
agent, servant, or employee of the mortgagee, or any successor
in interest and/or assignee of the mortgagee’s rights,
interests or obligations under the mortgage agreement.
“Mortgage Servicer”, an entity which administers or at any
point administered the mortgage, including, but not limited
to, calculating principal and interest, collecting payments
from the mortgagor, acting as an escrow agent, and foreclosing
in the event of a default.
‘Reasonable Rent’, for a tenant shall be the amount paid by
such tenant immediately prior to the foreclosure as
demonstrated by a lease, a rental agreement or other evidence
of agreed-upon rent or rental payments. Reasonable rent for a
former owner-occupant shall be the Fair Market Rent as
established by the United States Department of Housing and
Urban Development pursuant to 42 U.S.C. c § 1437f(o), as it
exists or may be amended, for a unit of comparable size in the
Plymouth County
area.
'Tenant’ any person or persons who at the time of foreclosure
is entitled to occupy a housing accommodation pursuant to a
written lease, tenancy at will, or tenancy at sufferance
including a former owner-occupant who held legal title to a
housing accommodation immediately prior to a foreclosure of
such housing accommodation and who individually or with other
legal occupants remains in possession of such housing
accommodation after foreclosure.
Any person other than a legal
dependent or spouse of the person or group of persons entitled
to occupy the housing accommodation at the time of the
foreclosure that moves into the housing accommodation owned by
the foreclosing owner following the filing of the foreclosure
deed without the express written permission of the owner shall
not be considered a tenant under this statute.
“Unit” or “residential unit”, the room or group of rooms
within a housing accommodation which is used or intended for
use as a residence by one household.
SECTION 2. Notwithstanding any other special or general law to
the contrary, the foreclosing owner shall not evict a tenant
except for just cause.
SECTION 3. Any foreclosing owner
that evicts a tenant in violation of any provisions of this
Act, or any ordinance or by-law adopted pursuant to this Act,
shall be punished by a fine of not less than ten thousand
dollars. Each eviction done in violation of this Act
constitutes a separate offense.
The district and superior courts, and the housing
courts serving the CITY OF BROCKTON, shall have jurisdiction
over an action arising from any violation of this act, or any
ordinance adopted pursuant to this act, and shall have
jurisdiction in equity to restrain any such violation. No
tenant shall be evicted in violation of any provision of this
act or any ordinance adopted pursuant to this act. It shall
be a defense to eviction that the foreclosing owner attempted
to evict tenants in violation of any provision of this act or
any ordinance adopted pursuant to this act.
SECTION 4. This act shall take effect upon passage and shall
cease to have effect on December 31, 2013.
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