Massachusetts Repair & Habitability Laws
Massachusetts has one of the most detailed habitability standards in the country through its State Sanitary Code.
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Key Rules
- Repair And Deduct
- Tenant may use Sanitary Code inspector as leverage; repair-and-deduct not expressly codified
- Rent Withholding
- Yes — tenant may withhold rent or seek rent reduction in Housing Court for Sanitary Code violations
- Habitability Standard
- Massachusetts Sanitary Code — comprehensive list of required conditions including heat (68°F min)
- Heat Requirement
- Minimum 68°F from September 16 – June 14; minimum 64°F at night
Applicable Statutes
Mass. Gen. Laws ch. 111, § 127L
Sanitary Code: establishes minimum standards of fitness for human habitation. Landlord must maintain premises in compliance with the state Sanitary Code, including heat (minimum 68°F from September 16 to June 14).
Mass. Gen. Laws ch. 239, § 8A
Rent withholding: tenant in a summary process action may raise the landlord's breach of the warranty of habitability as a defense and claim rent reduction for the period of violation.
Legal Aid Resources
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