Building Codes & Habitability — Massachusetts
Warranty of habitability, repair obligations, and city rental programs
State Habitability Standard
Implied warranty of habitability under state landlord-tenant law
Contact local housing authority for specific statutory citations and requirements.
Minimum Habitability Requirements
- Structural safety: sound roof, walls, floors
- Working plumbing and hot water
- Adequate heat
- Working electrical systems
- Pest-free premises
- Smoke and carbon monoxide detectors
Repair Obligations & Tenant Remedies
Rent Withholding
Consult local housing code — varies by condition severity
Massachusetts does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult Massachusetts General Laws Ch. 186 (Landlord and Tenant) + Ch. 239 (Summary Process) for current tenant remedies.
City-Level Rental Programs
Boston, MA — Rental Program Details
Registration Required
Yes
Fee Per Unit
$30/unit
Inspection Program
Boston Inspectional Services Department (ISD)
Inspection Frequency
On complaint; new rental registration inspections
Boston requires rental registration for most units (~$30/unit). ISD inspects for compliance with State Sanitary Code (105 CMR 410) and Boston housing codes. Lead paint inspection required for units built before 1978 with children under 6. Massachusetts CORI process governs use of criminal records in tenant screening. Source of income (Section 8) is protected under Massachusetts Chapter 151B.
Governing Statute
Massachusetts General Laws Ch. 186 (Landlord and Tenant) + Ch. 239 (Summary Process)
This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.