Skip to main content
CityRuleLookup

Boston, MA Rental Property Rules: Repairs & Habitability (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

View official code

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'?
Four or more police-reported criminal incidents, four or more sustained noise complaints, or four or more sustained unsanitary-conditions complaints within a 12-month period, per § 16-57.2.
What habitability standard does Boston apply to problem properties?
Removal from the problem-properties list requires a sworn inspection certifying compliance with the state Sanitary Code's minimum standards of human habitability, 105 CMR 400 and 410, performed by an ISD-authorized inspector.
What are the penalties for a Boston public nuisance property?
Up to $300 per citation for Sanitary or Building Code violations, with an added $300 for each day the violation continues, under § 16-57.6.
What happens if the owner ignores a problem-property notice?
If there's no response within 60 days, the Inspectional Services Department can petition Boston Housing Court to appoint a receiver to rehabilitate the property, under § 16-57.9.

Sources & Official References

Other rules in Boston

All Boston rules

Compare Boston to another location·View the Massachusetts rental property rules overview

Get notified when Repairs & Habitability in Boston, MA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Repairs & Habitability in Nearby Cities

How other cities in this county handle repairs & habitability.

Chelsea, MA
Some Restrictions
Revere, MA
Significant Restrictions