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Boston's City Council passed an expanded condo conversion ordinance, 11 to nothing

Boston's City Council passed an expanded condo conversion ordinance, 11 to nothing
Massachusetts · Legislation

Boston's City Council passed an expanded condo conversion ordinance, 11 to nothing

What happened. The Boston City Council passed an expansion of the city's condominium and cooperative conversion ordinance — and the amended text has not been published where the public reads the ordinance.

Docket #0766, “extending and enhancing protections for tenants facing displacement due to condominium or cooperative conversion in the City of Boston,” was referred on 31 March 2025, heard by the Committee on Government Operations on 23 September 2025, and passed in a new draft on 3 December 2025.1

The vote was 11 yeas, 1 not present. A motion to substitute language prevailed before passage. Whether the mayor has signed it could not be confirmed.

The existing ordinance

Boston's conversion ordinance, as published by the city, applies to properties built before December 1983 with four or more rental units.2

  • Conversion permit fee: $1,000 per unit
  • Violations: $300 or more per violation per day
  • Tenant benefits: a one-year lease extension and a $10,000 relocation payment
  • For tenants aged 62 or older, people with disabilities, and households under 80 percent of area median income: a five-year extension and $15,000

What the new draft does

Reported intent is to extend coverage down to buildings with two or more units, with an owner-occupancy exemption for small owner-occupied buildings. That is unverified: the council minutes record only that the docket passed in a new draft, and the city's ordinance page had not been updated to reflect the amended text.

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Why this stacks on a state change that already happened

Boston's expansion, if it does what is reported, would sit on top of a state amendment that has been in force since 6 August 2024.

Section 57 of the Affordable Homes Act inserted the words “owner-occupied” into the small-building exemption in the Condominium Conversion Act, Chapter 527 of the Acts of 1983 — so that non-owner-occupied buildings with fewer than four units are now covered by the state statute. The Metropolitan Area Planning Council estimates that brought 124,400 two- and three-family buildings, containing about 287,200 homes, into coverage statewide.

The 1983 act expressly permits municipalities to adopt stricter local ordinances by a two-thirds local vote, and several Massachusetts cities have. So a Boston conversion is governed by both, and the stricter provision controls in each respect.

What a conversion in Boston now involves

For anyone creating a condominium out of a tenanted Boston building, the process has three layers:

  1. The state Condominium Conversion Act — notice periods of one year, extended to two for tenants aged 62 or older, households below 80 percent of area median income, and people with disabilities.
  2. The Boston ordinance — a conversion permit, a per-unit fee, longer notice periods, and specified relocation payments, with per-day penalties for non-compliance.
  3. The condominium documents themselves — master deed, declaration of trust, percentage interests, and, since 2 February 2025, a c. 183A §16 that no longer supplies a shortcut for withdrawing registered land.

The timeline consequence is the point. A Boston conversion of a tenanted small building is now a multi-year project, and the notice periods run before units can be sold.

What it means for existing associations

Directly, nothing. Conversion law governs the creation of a condominium, not its operation.

Two indirect effects are worth naming for Boston boards:

  • Title questions on recently created small condominiums. A conversion carried out without complying with the applicable state and local requirements is a defect that surfaces years later, at a resale, when a buyer's counsel examines how the condominium was created. For buildings converted since August 2024, the set of properties where that question has to be asked is much larger than before.
  • Fewer new small associations. Whatever one thinks of the policy, a multi-year notice obligation on a two- or three-unit conversion reduces the number of them. Boston's condominium stock is heavily weighted toward exactly these buildings.

The transparency problem

It is worth stating plainly, because it affects anyone trying to comply: an ordinance passed in December 2025 whose amended text is not published on the city's own ordinance page nine months later is difficult to follow, and impossible to follow accurately from public sources.

Anyone planning a Boston conversion should obtain the enacted text from the City Clerk or the docket attachment rather than relying on the summary page — and should not assume the published thresholds are current.

What to watch next

Publication of the amended ordinance, confirmation of mayoral signature and effective date, and whether other Massachusetts municipalities follow. Conversion ordinances are adopted city by city under the 1983 act's local-option provision, and a Boston expansion is the kind of change that travels.

Related Massachusetts HOA Topics

← All Massachusetts HOA Topics

  1. Boston City Council minutes, 3 December 2025 (docket #0766, roll call)
  2. City of Boston, Condominium and Cooperative Conversion Ordinance
  3. MAPC, 2024 change to condo conversion law doubles number of protected rental homes

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