The Massachusetts State Sanitary Code describes the minimum health and safety standards for a dwelling unit. A summary of these requirements is listed in the following Housing Code Checklist. The Housing Code Checklist is a basic tool for tenants to exercise their rights.

Kitchen

• Sink - large enough to wash dishes; drains properly and does not leak.
• Lights - one wall outlet and one electric light fixture.
• Adequate ventilation.
• Stove and oven in good repair

• Toilet - free from leaks
• Sink or Wash Basin - free from leaks
• Bathtub or Shower - free from leaks
• Lights - one electric light fixture.
• Adequate ventilation.
• Walls - from floor to 4 feet, made of non-absorbant, easily cleaned material (eg: tile).

• Enough hot and cold water for ordinary use even when others in the building are using it. The owner is responsible for hot water heating bills unless the tenant signs a written agreement stating otherwise.
• Hot water heater in good working condition (must heat to at least 120 degrees F, 48 C).

• Adequate to keep every room at 68 degrees F (20 C) during the day and at 64 degrees F (17 C)during the night, between September 15 and June 15. The owner is responsible for heat and heating bills unless the tenant signs a written agreement stating otherwise.
• Heating equipment in good working condition.
• Space heaters, if there are any, must be properly vented to a chimney or duct leading to the outdoors.

• For each room - 2 separate outlets, or 1 outlet and light fixture (except kitchen and bathroom).
• Electric light fixture in
  • laundry
  • pantry
  • hallway
  • stairway
  • closet
  • storage closet
• No temporary wiring.
• No wiring under rugs, or passing through doorways.

• Adequate ventilation (window or mechanical) for every room.

• 2 Exits.

• Enough garbage cans and covers (the landlord must provide them if three or more families live in the building).

• No rats or roaches. The landlord must exterminate them when they are found in more than one apartment or when his/her improper maintenance has caused them to exist.

• Foundations - water-tight, rodent-proof, in good repair.
• Floor - free of holes, cracks, or bulges.
• Walls
• Ceilings
• Roof
• Doors and Windows - watertight, no draughts.
• Staircases - stable, with hand rail.
• Porch - with railing if over 3 feet off the ground.
• No lead paint may be used inside the apartment or building. After Jan. 1, 1973, no lead paint inside or outside. Landlord must remove all peeling lead paint, and all nonpeeling lead paint if there are children under 6 years of age in residence.

• Rat-proof
• Water-tight
• In Good Repair
• Owner may not turn off water, heat, electricity, or gas, except during actual repairs.

• Lock on every outside door
• In common entryway one self-closing, automatic-lock door with electric buzzer.

Please note that it is your responsibility as a tenant to maintain your apartment and the common areas you use in a clean and considerate manner. If you have any doubts about your apartment, you should first refer directly to the Housing Code, which is Article II of the State Sanitary Code. You can look over a copy of the code in the office of Off-Campus Housing or purchase a copy at the State House Bookstore (Room 116, the State House, 727-2834). The cost is $2.00 if picked up and $3.00 if mailed. Ask for the Housing Code by its code number: 105-CMR-400-419.

Before signing a lease or rental agreement, you should make sure that everything on the Housing Code Checklist is in order. If repairs are necessary, you should be sure to get a written promise from the landowner that the repairs will be completed by a specified date.

If violations occur after you have moved in, it is your responsibility to notify the landowner to give him/her a chance to bring the unit into compliance. It the landowner does not take action, call the Board of Health and request an inspection. The Board of Health is required to conduct an inspection within five days of a request. Make sure you receive a written report of the violations from the inspector. The Board of Health should order that the violations be corrected and has the power to bring the landowner into court if they are not. As a tenant, you can request a hearing if the Health Department fails to take certain required actions. There are also legal actions you can take (ie: rent withholding) to get the violations corrected. Contact your local tenants group or legal aid service about how to proceed. The City of Boston now requires an inspection soon after a new tenant moves in. Contact the Boston Rental Housing Resource Center. (www.cityofboston.gov/rentalhousing/) for more information.

To request an inspection call:

• Arlington Health Department
  (781) 316-3170
• Belmont Board of Health
  (617)489-8249
• Boston Housing Inspection Department
  (617)635-5322
• Brookline Health Department
  (617)730-2300
• Cambridge Building Department
  (617)349-6100
• Somerville Board of Health
  (617)776-6120
• Watertown Board of Health
  (617)972-6446