Council turns to rewriting Boston's condo conversion rules, which would cover two- and three-family homes for the first time
A Nov. 2 working session takes up Breadon and Coletta Zapata's ordinance, which has 11 sponsors. It would require two years' notice for elderly, disabled and lower-income tenants and add a city permit step.
Renters in two- and three-family homes could get the same protection as tenants in big buildings when an owner turns their apartment into a condo. That is the aim of an ordinance the Committee on Government Operations takes up Monday, Nov. 2, at 10 a.m., in a working session to amend it. Councilors will work on the text online over Zoom, and the session will not include public comment.
The proposal (docket 1711) is from City Council President Liz Breadon and City Councilor Gabriela Coletta Zapata, who chairs the committee. Eleven of the 13 councilors are sponsors. Only City Councilors Enrique Pepén and Benjamin Jacob Weber are not.
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Why it matters
Boston's condo conversion ordinance dates to 1999. Breadon told the council it covers only buildings with four or more units built before 1983 (watch at 1:21:25). She said most Bostonians facing displacement by conversion live in two- and three-unit buildings it does not reach. She cited a Mayor's Office of Housing review of conversions from 2019 to 2024, which found that covering buildings with two or more units would have protected tenants in 97% of the rental units lost to conversion (1:21:43). She said 91% of the units lost in two- and three-unit buildings were in Dorchester, Hyde Park, Mattapan, Roslindale, Roxbury and West Roxbury.
Coletta Zapata said East Boston has felt this acutely, with many two- and three-family homes converted (1:24:00).
What the ordinance would do
From the filed text:
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- Notice. Tenants get at least one year's notice before they must leave. Elderly, disabled, and low- or moderate-income tenants get at least two years, which can be extended up to two more years if comparable housing is not found. Low- or moderate-income means at or below 80% of area median income.
- Relocation money. The owner pays $10,000 per unit, or $15,000 for elderly, disabled, and low- or moderate-income tenants.
- A two-step permit. Owners would need a preliminary approval from the Mayor's Office of Housing before starting work, then a final conversion permit before converting. Coletta Zapata said the point is that an owner "simply can't empty a building first" and call it a condo conversion later (1:25:15).
- A lookback period. Former tenants pushed out shortly before a conversion may still qualify for benefits. Owners would have to list recent evictions, notices to quit and rent increase notices. The city could deny a permit to an owner who tried to get around the rules with unreasonable rent increases, cuts in services or terminations.
- Enforcement. A fine of at least $300 per violation, each day a separate offense, enforced by Inspectional Services. The housing office or ISD would report to the council every year.
- Timeline. The new rules would take effect Jan. 1, 2027, and run until May 31, 2031, unless the mayor and council find the rental housing emergency has ended.
The text says a 2024 state law, the Affordable Homes Act, extended state conversion protections to non-owner-occupied buildings with fewer than four units. Owner-occupied buildings with fewer than four units would stay exempt under the city proposal.
How we got here
The council sent the ordinance to committee when it was filed on Sept. 16, with no vote (meeting page). Breadon said then that the council renewed the current ordinance last year, and that she and Coletta Zapata had worked for months with the Mayor's Office of Housing, legal staff, advocates and residents. She said working sessions would take in feedback from tenants and owners (1:23:03).
Council records show no hearing on the ordinance since then. A working session is where councilors and staff edit the text line by line before the chair reports it back to the full council.
What's next
The working session is at 10 a.m. Nov. 2. To pass, the ordinance needs a committee report and a council vote, then the mayor's signature. The council has four regular meetings left this year: Nov. 4, Nov. 18, Dec. 2 and Dec. 9, according to its 2026 schedule. The city's current condo conversion rules are posted by the Mayor's Office of Housing.