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From rats to leaks: What Massachusetts renters need not put up with
The 34-page Massachusetts Sanitary Code spells out the minimum standards of habitability landlords must meet.
New tenants quickly learn how much their rent is and when it’s due. But few know all that they’re entitled to in exchange for that rent.
The Massachusetts Sanitary Code (105 CMR 410.000) spells out the minimum standards of habitability landlords must meet in order to rent a unit. If a tenant finds their unit doesn’t meet all the requirements of the Sanitary Code, they have a right to request their landlord remedy it within a reasonable period of time.
The 34-page sanitary code spells out minimum standards for kitchen facilities, bathroom facilities, ceiling heights, the size and location of windows, minimum number of electrical outlets per room, heating capabilities, hot water requirements, lead paint, ventilation, and the number and location of smoke and carbon monoxide detectors.
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Attorney Richard Vetstein, of the Vetstein Law Group in Framingham said both landlords and tenants have responsibilities in maintaining a property.
“A landlord has the obligation to comply with the sanitary code,” he said. “The sanitary code is the floor. If conditions go beneath the floor, the landlord has to make repairs. Landlords aren’t mind readers, though, either. They have to be told that there’s a problem and they need a reasonable opportunity to correct it.”
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Vetstein said it’s in both parties’ interests to repair deficiencies quickly and effectively. He said landlords who maintain their properties well are more likely to avoid tenants complaining, withholding rent, or engaging with the legal system.
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“It’s also a good idea during any turnover period between tenants that landlords go through with their maintenance people to go and check all the systems, appliances, smoke detectors, windows, look for leaks, or cracks,” he said. “Maybe get a professional in there to do that and fix anything that might need to be fixed. The worst thing that can happen is if a tenant moves in, finds a bunch of issues, and all of a sudden they’re not paying their rent.“
If a landlord refuses to correct a Sanitary Code violation in Boston, tenants can report the violation through the city’s 311 system. In other municipalities, the Board of Health should be notified and the complaint will be investigated. If the municipality verifies the complaint, they can order the landlord to rectify it. In rare and extreme cases, the municipality has the authority order the property condemned or even demolished.
A City of Boston spokesperson said the most common sanitary code violation it receives is for rat infestations, followed by chronic dampness, missing smoke or carbon monoxide detectors, cockroach infestations, and windows that are in bad repair.
When contacted in the middle of September, the spokesperson said 53 percent of the complaints it received that month had been resolved.
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Gary Allen is the senior clinical instructor and supervising attorney at Harvard University’s Tenant Advocacy Project, where he supervises about 40 students who help tenants navigate problems with their landlords. He said tenants who think there is a sanitary code violation in their unit should notify their landlord in writing as soon as possible.
“That way there are records about when they made the request and what the landlord’s response was, if any,” he said. “We generally encourage tenants to try and work with their landlords collaboratively to make sure things get fixed, but it doesn’t always translate into responsive and effective repairs.”
And if the landlord doesn’t respond or make repairs, that’s when Allen said it’s time to complain to the Board of Health.
“Local boards of health are obligated to do inspections when tenants call and to issue repair orders against landlords,” he said. “They return and do follow up inspections as necessary to make sure that the landlords are cooperating. If landlords don’t cooperate, boards of health are authorized to go into court and seek enforcement orders from a judge when repairs don’t get made.”
Allen said it’s generally better for both tenants and landlords to avoid all that if possible.
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“Tenants should be doing their best to work with landlords before they go to court,” he said. “Judges will enforce more serious problems, but most of the time they’ll send cases to mediation. So if the problems can be resolved without going to court, that’s almost always the better alternative.”
Some landlords think they don’t have to make repairs because the rent is so low, but Allen said that’s irrelevant.
“There are plenty of substandard apartments where no one’s engaging to bring them into compliance,” he said. “Sometimes tenants are afraid of retaliation. Sometimes tenants think if they’re getting such a good deal that they shouldn’t be asking for repairs. The reality is that rent and the obligations to make repairs are not connected. An apartment being rented for whatever amount is expected to meet the minimum standards of habitability, period.”
The Massachusetts Attorney General’s guide to landlord and tenant rights can be found online.
Some key points from the Massachusetts Sanitary Code
- “Every dwelling unit shall contain at least 150 square feet of habitable floor space for its first occupant, and at least 100 square feet of habitable floor space for each additional occupant.”
- “In every residence, each room used for sleeping purposes by one occupant shall contain at least 70 square feet of floor space.”
- “In every residence, each room used for sleeping by more than one occupant shall contain at least 50 square feet of floor space for each occupant.”
- “In the event of leaks and flooding, the owner shall ensure all surfaces have been dried within 48 hours from the time they are notified or the end of the event, whichever is sooner.”
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