If a rental property in Massachusetts fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Massachusetts?
In Massachusetts, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Kitchen (sink, stove, oven).
- Bathroom (toilet, wash basin, bathtub/shower, sewage).
- Hot and cold water.
- Heating.
- Required light fixtures.
- Electrical service.
- Locks and weatherproofed doors/windows (including screens).
- Smoke and CO detectors.
- Owner-provided appliances.
- Garbage removal.
- Railings for stairs, balconies, etc.
- Common areas.
- Smoke alarms.
- Other features that impact health, safety, and habitability.
What Should Tenants Do Before Reporting a Violation in Massachusetts?
In most cases, before reporting a violation, a tenant in Massachusetts must notify the landlord in writing about the issue and ask him to fix it within a reasonable time, based on all the relevant circumstances (usually within 14 days).
How Can Tenants Report a Violation in Massachusetts?
Tenants in Massachusetts should report health and safety violations to the local office or officers responsible for housing code enforcement, or to the Board of Health. The exact process varies depending on location and issue.
| Location | Organization | Contact |
| Boston | Public Works, Code Enforcement Police | Online Form |
| Worcester | Inspectional Services | Online Form |
| Springfield | 311 Service Request System | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Boston?
A tenant in Boston can report a health or safety violation by calling Public Works at (617) 635-4885 or using the provided online form. Enter an email address, provide a location, describe the issue, review, and submit.
How Can a Tenant Report a Health or Safety Violation in Worcester?
A tenant in Worcester can report a health or safety violation by calling Inspectional Services at (508) 799-1198 or using the provided online form. Enter a location, describe the issue, provide contact information, review, and submit.
How Can a Tenant Report a Health or Safety Violation in Springfield?
A tenant in Springfield can report a health or safety violation by calling the 311 Service Request System at (413) 736-3111 or using the provided online form. Create an account or proceed anonymously; issues fall under “Code Enforcement – Report a Code Violation.” Select a location, describe the issue, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Massachusetts?
After a tenant complains about unsafe conditions in Massachusetts, an officer may inspect. The landlord must begin fixing any violations in good faith, within 24 hours (for serious issues) or seven days (for everything else). Otherwise, the landlord could be fined and the government might file to condemn the property.
Sources
- 1 105 Code Mass. Reg. §§ 410.000 et seq. (2022)
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Massachusetts compiles its comprehensive standards for habitability in one sprawling but convenient statute, with full details for relevant topics and procedures. See 105 Code Mass. Reg. §§ 410.000 et seq. (2022)
Source Link - 2 Mass. Gen. Laws Chap. 186 § 19 (2022)
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“A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice… The notice requirement of this section shall be satisfied by a notice from a board of health or other code enforcement agency to a landlord or lessor of residential premises.”
Source Link - 3 Mass. Gen. Laws Chap. 111 § 127L (2022)
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“When violations of the standards of fitness for human habitation… may endanger or materially impair the health, safety or well-being of a tenant of residential premises and are so certified by the board of health or local code enforcement agency, or in the cities of Boston, Worcester and Cambridge by the commissioner of housing inspection, or by a court of law, and if the owner or his agent has been notified in writing of the existence of the violations and has failed to begin all necessary repairs… within five days after such notice, and to substantially complete all necessary repairs within fourteen days after such notice, unless a board of health, local code enforcement agency or court has ordered that said violations be corrected within a shorter period… the tenant or tenants may repair or have repaired the defects or conditions constituting the violations. The tenant or tenants may subsequently deduct from any rent which may subsequently become due, subject to the provisions of the following paragraph, an amount necessary to pay for such repairs. The tenant or tenants may, alternatively in such cases, treat the lease or rental agreement as abrogated, pay only the fair value of their use and occupation and vacate the premises within a reasonable time. A tenant may not deduct pursuant to this section an amount greater than four months’ rent in any twelve-month period, or period of occupancy, whichever is shorter, from rent due to the owner.”
Source Link - 4 105 Code Mass. Reg. §§ 410.820 (2022)
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“The board of health shall inspect a dwelling or dwelling unit upon receipt of a written, oral or telephonic request.”
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