In Massachusetts, the State Sanitary Code, 105 C.M.R. § 410, sets minimum standards for what it means to provide a habitable place in which to live. In general, “habitable” means a place that is comfortable and clean enough for a person to live safely.
A landlord is required to maintain a unit in a habitable condition throughout the tenancy. The right to habitable housing applies to all occupants of a property, not just tenants. Tenants and occupants can report problems directly to their landlord so that the landlord knows what is wrong and can make prompt repairs. If necessary, a tenant or occupant may ask an inspector from the local board of health to come to the unit, review the conditions, and order the landlord to fix any problems that violate the Sanitary Code. A landlord may not punish a tenant or occupant for reporting Sanitary Code violations to the government. A tenant who is having trouble getting a landlord to make repairs may be able to withhold a portion of the rent or move out, even if there is a lease or rental agreement in place. However, before either withholding rent or moving out, tenants considering these options should contact a private lawyer or legal services for more information and advice.
Under federal and state law, if the rental property was built before 1978, the landlord and tenant must sign and retain a copy of the Tenant Lead Law Notification and Tenant Certification.38 These forms are to inform the Tenant of known risks and causes of lead poisoning and disclose if it is known that lead-based paint is present in the rental unit. A landlord must also disclose documents related to any lead inspection or risk assessment done on the rental unit, and a Letter of Interim Control or Letter of Compliance issued by the local board of health.
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