There are many sections & clauses to the Massachusetts State Sanitary Code and requirements of the Department of Public Health. These requirements exist to ensure safe & habitable living conditions for tenants. It is imperative to know your rights AND what to do if they are being trampled upon.
State Sanitary Code
In Massachusetts, the State Sanitary Code governs and defines what providing a habitable place, that is comfortable and clean enough for a person to live safely, entails.
If a landlord does not respond to a tenant's complaints about a sanitary code violation, the tenant may request that a code enforcement officer or the local board of health inspect the apartment (Note: In Boston, it is the Housing Inspection Department which enforces the code). An inspector can then come to the apartment, review the conditions, and order the landlord to fix the problem if deemed necessary. If the landlord still neglects to fix the problem, a tenant may move out, even if there is as lease or rental agreement in place. The tenant can move out because the lease was not held up on the landlords end - tenants sign a lease with the rightful assumption of a sanitary & habitable place to live. If this is proven untrue, the agreement is broken and a tenant can move out penalty free. A tenant may also be able to pay a lower rental rate for what the unit is actually worth.
If the apartment is (within reason) uninhabitable, a tenant is legally allowed to go to a motel/hotel until the problem is resolved and the landlord must reimburse the tenant for this. The tenant must make sure the landlord is fully aware of this and it is documented, otherwise the tenant will NOT be reimbursed. Additionally, this gives the landlord a push to fix the problem within the apartment.
Here are a few of the provisions outlines in the State Sanitary Code which protects the safety and well-being of tenants and the general public:
Water
You must be provided with enough water, with adequate water pressure, to meet your ordinary needs. Under certain limited circumstances, you can be charged for water costs if it is clearly noted in your written and signed rental agreement and there is a separate meter you have access to for your unit. The landlord must also provide the facilities to heat water at a temperature between 110-130 degrees Fahrenheit. Your written tenancy agreement or lease may require you to pay for and provide the fuel to heat the water.
Heat
The landlord must provide a heating system in good working order for every habitable room and every room containing a toilet, shower, or bathtub. The landlord must pay for the heat unless written otherwise in your lease. From September 16 to June 14, every room must be heated to at lease 68 degrees Fahrenheit between 7:00 AM and 11:00 PM, and at least 64 degrees Fahrenheit at all other hours. During the heating season, the maximum heat allowable in the apartment is 78 degrees Fahrenheit. The temperature should be able to be read.
The Department of Public Health defines a "habitable room" as: a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes excluding rooms containing toilets, bathtubs or showers and excluding laundries, pantries, foyers, closets, & storage spaces.
Natural Light and Electrical Outlets
There must be glass windows which admit light from the outdoors & which are equal in area or no less than 8% of the entire floor area of that room. Additionally, two separate wall-type outlets, or one outlet and one electric light fixture must be in each habitable room. The outlets should be placed in practical locations & be on different walls at least 10 ft apart.
Extermination of Insects, Rodents and Skunks
It is the landlord's responsibility to maintain a premise free of all rodents, skunks, cockroaches, and ALL insects in their units and building, and if needed, exterminate such animals.
An occupant should contact their landlord as soon as an infestation of any sort is suspected. Specifically regarding bed bugs - bed bug complaints can be directed to the Local Board of Health (LBOH), Health Department, or Inspectional Services Department (ISD) within the community. Minimum Standards of Fitness for Human Habitation requires the LBOH or ISD to inspect a unit within 24 hours. Landlords are required to inspect all units horizontally and vertically adjacent to an infested unit.It is important to create a paper trail and keep a log of everyone you have contacted, at which agency, and when you did so.
It is common for a landlord to attempt to hold tenants responsible for treatment/extermination costs. A landlord can even attempt to evict you for not paying these costs. However, this is NOT legal. It is the landlords responsibility to provide a habitable environment and to not adhere to this is a breach of the implied warranty of habitability. Additionally, a landlord cannot blame bed bugs or other infestations on the tenant (even if it is technically their fault the landlord is still responsible for extermination costs).
If the landlord does not immediately respond, the tenant is allowed to stay at a motel/hotel within reason and bill the landlord. It is imperative to know before you do this, you must inform the landlord of this and have it documented that there is an issue preventing you from having a habitable living environment.
Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety & well-being of a person occupying the premises:
The Department of Public Health defines a "habitable room" as: a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes excluding rooms containing toilets, bathtubs or showers and excluding laundries, pantries, foyers, closets, & storage spaces.
Natural Light and Electrical Outlets
There must be glass windows which admit light from the outdoors & which are equal in area or no less than 8% of the entire floor area of that room. Additionally, two separate wall-type outlets, or one outlet and one electric light fixture must be in each habitable room. The outlets should be placed in practical locations & be on different walls at least 10 ft apart.
Extermination of Insects, Rodents and Skunks
It is the landlord's responsibility to maintain a premise free of all rodents, skunks, cockroaches, and ALL insects in their units and building, and if needed, exterminate such animals.
An occupant should contact their landlord as soon as an infestation of any sort is suspected. Specifically regarding bed bugs - bed bug complaints can be directed to the Local Board of Health (LBOH), Health Department, or Inspectional Services Department (ISD) within the community. Minimum Standards of Fitness for Human Habitation requires the LBOH or ISD to inspect a unit within 24 hours. Landlords are required to inspect all units horizontally and vertically adjacent to an infested unit.It is important to create a paper trail and keep a log of everyone you have contacted, at which agency, and when you did so.
It is common for a landlord to attempt to hold tenants responsible for treatment/extermination costs. A landlord can even attempt to evict you for not paying these costs. However, this is NOT legal. It is the landlords responsibility to provide a habitable environment and to not adhere to this is a breach of the implied warranty of habitability. Additionally, a landlord cannot blame bed bugs or other infestations on the tenant (even if it is technically their fault the landlord is still responsible for extermination costs).
If the landlord does not immediately respond, the tenant is allowed to stay at a motel/hotel within reason and bill the landlord. It is imperative to know before you do this, you must inform the landlord of this and have it documented that there is an issue preventing you from having a habitable living environment.
Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety & well-being of a person occupying the premises:
- Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot & cold, to meet the ordinary needs of the occupant for a period of 24 hours or longer
- Failure to provide heat as required or improper venting or use of a space heater or water heater
- Shutoff and/or failure to restore electricity, gas or water
- Failure to provide the electrical facilities and the lighting in common areas as required
- Failure to provide a safe supply of water
- Failure to provide a toilet & maintain a sewage disposal system
- Failure to provide adequate exits and to ensure exits are not obstructed by any object such as garbage
- Failure to comply with security requirements
- Failure to comply with any provisions which may result in the accumulation of garbage, filth or other causes of illness and/or provide a food source for rodents, insects or other pests
- The presence of lead-based paint
- Roof, foundation, or other structural defects that may expose the occupant to fire, burns, shock, accident or other dangers or impairment to health or safety
- Any defect in asbestos material used which may result in the release of asbestos dust or powder
- Failure to provide a smoke detector or carbon monoxide detector alarm as required
- Any of the following conditions which remain uncorrected for 5 days or more following the notice to the landlord:
- Lack of a operable kitchen sink of sufficient size for washing dishes & utensils or lack of a. operable stove & oven
- Failure to provide an operable sink & shower or bathtub
- Any wiring defect which makes any system a hazard
- Failure to maintain a safe handrail or protective railing for every stairway, porch, balcony, & roof
- Failure to eliminate rodents, pests & any infestation
The full Department of Public Health, Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) can be viewed here.
Return to read about what justifies tenants paying less rent and local law on Rent Withholding, Repair-and-Deduct & Landlord Retaliation.
Credit Advocates is constantly looking to educate the public on all credit & housing counseling matters. For all questions answered you can email me at rsimon@creditadvocates.org.
Protecting your rights begins by knowing your rights!
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