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Whenever a rental unit is turned over to a new tenant, said rental unit must be delivered in a safe and sanitary condition. Absentee owners must provide the occupants and city officials with appropriate contact information. All rental units must be in compliance with the requirements established herein at the time of delivery to a new tenant. Compliance with requirements of this Section does not supersede the property owner’s requirements, under Subsection 9-1.3, Re-Inspection of Rental Units, to request a rental unit inspection within 45 days of turnover, to ensure that the rented unit meets all of the minimum requirements of the commonwealth’s Sanitary Code (105 CMR 410). Compliance with either or both Sections does not restrict the right of any occupant to, at any time, request that the Inspectional Services Department conduct an inspection of his or her rental premises for violations of any applicable code.
(A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE. Meeting all the requirements of this Section. It shall also mean correcting any violations of this Section in a competent fashion and restoring all parts of the rental dwelling unit, to a condition complying with this Section. COMPLIANCE shall also mean, in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to, building, plumbing and wiring, that the work has been completed in accordance with applicable laws and regulations.
GARBAGE. The animal, vegetable or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans, which have contained food unless such containers and cans have been cleaned or prepared for recycling.
MEANS OF EGRESS. A continuous and unobstructed path of travel from any point in a dwelling to an abutting public way in accordance with the commonwealth’s Building Code, 780 CMR 1002.
NEW TENANT. A person who has, within the previous 24 hours, occupied for the first time a rental dwelling unit under the terms of a rental housing agreement with the property owner/agent for the use and occupancy of any dwelling unit for a period of time more than 30 days.
OCCUPANT. Every person living or sleeping in a dwelling pursuant to a rental housing agreement with the property owner/agent.
PROPERTY OWNER/AGENT. The individual or business entity which holds title to any dwelling unit, including without limitation, a person, partnership, corporation or trust. For purposes of this Section, the rights and duties of the landlord hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the landlord.
PROVIDE. To supply and pay for, except where an applicable statute or regulation provides otherwise.
RENTAL DWELLING UNIT. The part of a building that is rented for use as a home, residence or sleeping place by one or more persons who maintain a household, in accordance with the requirements of the commonwealth’s Building Code, 780 CMR, and the commonwealth’s Sanitary Code, 105 CMR 410.
RUBBISH. Combustible and noncombustible waste materials, except garbage, and includes, but is not limited to, such materials as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust and the residue from the burning of wood, coal, coke and other combustible materials.
SAFE. Free from conditions which may endanger or materially impair the health or safety and well-being of an occupant or the general public, as set forth in 105 CMR 410.750, but may include any other condition so certified by the commonwealth’s Department of Public Health, to be violations which may expose or subject to harm, the health or safety and the well-being, of an occupant or the public.
VIOLATION. Any condition in a rental unit, which fails to meet any requirement of this Section.
(B) Requirements. Property owners/agents shall deliver rental units to new tenants in a clean, safe condition, in compliance with the provisions of Subsection 9-1.3, this Subsection, the commonwealth’s Sanitary Code, 105 CMR 410 and with all other applicable codes and ordinances. Rental units shall be delivered meeting the following minimum requirements.
(1) Clean and sanitary. The common areas and the interior of rental units must be in a clean and sanitary condition, free of garbage, rubbish or other filth causing sickness, at the time of delivery to a new tenant.
(2) Posting of ownership information. The owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager or agent for such dwelling who resides therein, shall post and maintain or cause to be posted and maintained on such dwelling in a location visible to the residents, a notice constructed of durable materials not less than 20 square inches in size, bearing his or her name, actual street address and mailing address and current, active telephone number. Post Office box address shall not satisfy these requirements. If the owner is a realty trust or partnership, said information for the managing trustee or partner shall be posted. If the owner is a corporation, such information of the corporation shall be posted. Where the owner employs a manager or agent who does not reside in such dwelling, such information for said manager or agents shall also be included in the notice. (See M.G.L. Chapter 143, Section 3S.)
(3) Smoke detectors. Property owners shall provide and maintain smoke detectors in or adjacent to sleeping areas as required by the regulations of the commonwealth’s Board of Fire Prevention (527 CMR) or of the commonwealth’s Fire Marshal. If any dwelling is found by the Boston Fire Department to be adequately equipped with smoke detectors, such findings shall satisfy the requirements of this Section.
(4) Carbon monoxide detectors. Upon delivery of a rental unit to a new tenant, the property owner must provide and maintain functioning carbon monoxide detectors in accordance with the requirements of 527 CMR 31.
(5) Safe. Rental units must be delivered free of conditions which may endanger or materially impair the health or safety and well being of an occupant, pursuant to 105 CMR 410.750. These conditions include, but are not limited to, failure to provide heat; failure to provide adequate exits; failure to provide a toilet; the existence of structural or other defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers; or impairment to health or safety.
(C) Enforcement process.
(1) To seek relief under this Section, a new tenant shall request an inspection within 24 hours of moving into a rental dwelling unit. Inspectional Services will cause that rental unit to be inspected no later than two business days of receiving the request.
(2) The scope of an inspection conducted pursuant to this Section shall be limited to the requirements of this Section, and the inspection results will be noted on an approved inspection form developed for the purposes of this Section. If the inspection reveals one or more violations of this Section, said violation shall be cited and enforced under this Section and under the commonwealth’s Sanitary Code, 105 CMR 410. The cited property owner or Agent shall be provided with no less than 24 hours and no more than 14 days to correct said violations, and said violation shall be considered as one offense, punishable by a fine of up to $300, or up to the maximum fine allowed by law, if that amount is higher than $300.
(3) A follow-up inspection shall be conducted within five days of the expiration of the compliance deadline established by Inspectional Services. If the follow-up inspection reveals that the violation remains outstanding, that failure to correct shall constitute a second offense punishable by an additional fine of up to $300, or up to the maximum fine allowed by law, if that amount is higher than $300. After the expiration of the compliance deadline established by Inspectional Services, each subsequent day’s failure to correct the violations shall be considered a separate offense punishable by up to $300 or up to the maximum fine allowed by law.
(D) Inspection checklist available to the public. Inspectional Services shall develop and make available the inspection checklist that may be used to verify that a rental unit meets the requirements of this Section prior to delivery to new tenants.
(E) Exemptions. Housing units owned or operated by federal, commonwealth or city Agencies shall be exempt from the provisions of this Section.
(F) Penalties.
(1) The provisions of this Section may be enforced in accordance with the non-criminal disposition process of M.G.L. Channel 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by seeking an injunction. The city reserves the right to enforce noncompliance with the requirements of this Section, through the Boston Housing Court or any other court of competent jurisdiction, where it shall seek correction of the violations and payment of any outstanding fines under this Section.
(2) The Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections.
(3) If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 9-1.4; Ord. 2006 c. 5)
There shall be in the Housing Inspection Department a Division, known as the Weights and Measures Division, as provided in the charter as that term is defined in M.G.L. Chapter 4, Section 7, Clause 5.
(Ord. 1968 c. 14 § 6; Rev. Ord. 1961 (Sup. 1971) c. 16A § 3; CBC 1975 Ord. T9 § 10)
Cross-reference:
M.G.L. Chapter 4, Section 7, Clause 1.5
Editor’s note:
The Building Department and the Housing Inspection Department were abolished and all power and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9-9 of this Code).
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