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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 18

Citation
Section 18
Parent Document
Mogilevsky v. Keating, 11 Mass. L. Rptr. 332 (2000)
Jurisdiction
Massachusetts (state)
Effective Date
2000-02-11

Full Text

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The State Sanitary Code states, in relevant part: ”[n]o person shall occupy as owner-occupant or let to another for occupancy any dwelling, unit, mobile dwelling unit, or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of 105 CMR 410.000." Under the State Sanitary Code, a “dwelling” means “every building or shelter including but not limited to rooming houses and temporary housing used or intended for human habitation and every other structure or condition located within the same lot line whose existence causes or is likely to effect noncompliance with the provisions of 105 CMR 410.000.” 105 CMR 410.020. A “dwelling unit” is defined as "the room or group of rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating.” Id. The term “occupant," under the State Sanitary Code means “every person living or sleeping in a dwelling.” Id. "Owner” is defined as one who, alone or with others: