105 CMR, § 410.003 - General Provisions

(A) No owner shall allow a person to occupy, offer to rent, or occupy as owner-occupant any residence which does not comply with the requirements of 105 CMR 410.000.

(B) Unless otherwise specified in 105 CMR 410.000, the owner is responsible for providing all maintenance, repairs, and equipment necessary to achieve compliance with 105 CMR 410.000.

(C) No owner or occupant shall cause any service, facility, equipment, or utility which is required to be made available by 105 CMR 410.000, or any optional service, facility, equipment, or utility provided by the owner, to be removed from or shut off from any occupied residence except for such temporary period as may be necessary during actual repairs or alterations and where reasonable notice of curtailment of service is given to the occupant, or during temporary emergencies when curtailment of service is approved by the board of health. If any such service, facility, equipment, or utility becomes curtailed, the responsible party shall take immediate steps to cause its restoration. (See M.G.L. c. 186, § 14.)

(D) An owner may only remove owner-installed optional equipment when a unit has been vacated or prior to a new tenancy.

(E) Every occupant of a residence, upon reasonable notice and if possible by appointment, shall give the owner thereof, or the owner's representative, access to the residence for the purpose of effecting compliance with the provisions of 105 CMR 410.000. Access shall be at a reasonable time and shall include, but not be limited to, any cooperation required for repairs, alterations, pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the occupant, except for emergency repairs for which no notice is required.

(F) Every occupant of a residence shall maintain the residence in a sanitary condition.

Notes

105 CMR, § 410.003

Amended by Mass Register Issue 1495, eff. 5/12/2023. Amended by Mass Register Issue 1498, eff. 5/12/2023.