Boston, MA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Problem-property trigger
- 4+ qualifying incidents in 12 months
- Fine per citation
- Up to $300
- Ongoing violation
- Additional $300 per day
- Remediation plan deadline
- 30 days after designation
- Habitability standard applied
- 105 CMR 400 & 410 (State Sanitary Code)
- No owner response after
- 60 days triggers receivership petition
Summary
A Boston rental can be declared a 'problem property' and public nuisance if police respond to four or more criminal incidents there in 12 months, or if four sustained complaints for noise or 'noxious, noisome or unsanitary conditions' pile up, under Code of Ordinances § 16-57. Getting off the list requires a sworn inspection proving compliance with the state Sanitary Code's habitability minimums.
PROBLEM PROPERTY. Meets the following criteria: (1) The Boston Police Department has been called to the property not fewer than four times within the preceding 12-month period for any incident involving any criminal offense including, but not limited to, disturbing the peace, trespassing, underage drinking or assault; (2) The Air Pollution Control Commission has received not fewer than four sustained complaints for noise within the preceding 12-month period; or (3) The Inspectional Services Department or the Public Health Commission have received not fewer than four sustained and upheld complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions. ... an owner must file with the Inspectional Services Department a sworn statement following an inspection certifying that the property is in compliance with the minimum standards of human habitability for a residential dwelling as set forth in the commonwealth's Sanitary Code, being 105 CMR 400 and 410.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
Section 16-57, enacted by Ord. 2011 c. 10, lets Boston's Mayor's Problem Properties Task Force designate a rental a 'problem property', and therefore a public nuisance, on any of three triggers within a 12-month window: four or more Boston Police Department calls for a criminal offense (disturbing the peace, trespassing, underage drinking, assault, and similar), four or more sustained noise complaints to the Air Pollution Control Commission, or four or more sustained and upheld complaints to the Inspectional Services Department or Public Health Commission for noxious, noisome, or unsanitary conditions.
Once the Task Force Chair notifies the Mayor and Council President and the owner and tenants receive notice by mail and a door posting, any further qualifying incident triggers an immediate citation to the owner and tenants. Removal from the list requires the owner to file a sworn statement, following inspection by an ISD-certified Authorized Inspector, certifying the property meets the 'minimum standards of human habitability for a residential dwelling' set by the state Sanitary Code, 105 CMR 400 and 410. Owners must also file a remediation plan with the Inspectional Services Department within 30 days of designation, outlining the steps to bring the property back into code compliance, and if an owner doesn't respond to the Task Force within 60 days, ISD can petition Housing Court to appoint a receiver to rehabilitate the property.
Violations & Fines
Tenants or owners cited under § 16-57 for violations of the state Sanitary Code or Building Code face fines up to $300 per citation, and each day an ongoing violation persists adds another $300 fine. The city may pursue these as non-criminal citations under M.G.L. Chapter 40, Section 21D. If an owner ignores the Task Force notification for 60 days, ISD can seek a court-appointed receiver to take over the property's repair.
Frequently Asked Questions
What makes a rental property a Boston 'problem property'?
What habitability standard does Boston apply to problem properties?
What are the penalties for a Boston public nuisance property?
What happens if the owner ignores a problem-property notice?
Sources & Official References
Other rules in Boston
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Repairs & Habitability in Nearby Cities
How other cities in this county handle repairs & habitability.