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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Recertification cycle
Every 24-36 months
PHD response deadline
5 full working days
Daily fine for no certificate
$50 per day
Overcrowding fine
$300 per day

Summary

A vacated Brockton rental unit cannot be reoccupied until PHD inspects it and issues a certificate of fitness confirming it meets the state sanitary code, and every occupied unit needs recertification at least every three years.

Whenever a dwelling unit, apartment or tenement is vacated by the occupant or occupants, no owner, his agent or other lessor of such property shall allow such unit to become reoccupied unless, prior to its becoming reoccupied by a new tenant, such unit is inspected by PHD and the division issues a certificate of fitness stating that such apartment meets the standards set forth in this state sanitary code, article II. ... Any dwelling which has actually been inspected and certified as required above shall not be required to be recertified for a period of twenty-four (24) months from the date such certification has been made.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

City Code § 4-22(a) bars an owner, agent or lessor from allowing a vacated dwelling unit, apartment or tenement to be reoccupied until PHD inspects it and issues a certificate of fitness stating it meets the standards of Article II of the state sanitary code, the Commonwealth's Minimum Standards of Fitness for Human Habitation. Subsection (b) requires every apartment to receive a certificate of fitness at least once every three years regardless of vacancy. A certificate cannot issue unless the § 11-181 fee is paid, water, sewer and tax bills are current, and the owner or agent has no outstanding board of health or code enforcement fines on any city property they own; subsection (g) also bars issuance if the inspection finds Article II violations still present.

A unit already inspected and certified is not required to be recertified for twenty-four months from that certification. When a tenant vacates, subsection (h) obligates the owner to notify PHD in writing on the required form; PHD then must inspect within five full working days or the unit automatically gets a certificate of permission to rent so it isn't held vacant indefinitely. Every certificate of fitness or permission to rent must be posted in a common area or given to the occupant, showing the issuance date, inspector's name and a description of the unit.

Violations & Fines

Allowing anyone to occupy a rental unit without a valid certificate of fitness or certificate of permission to rent triggers a $50 per day fine under § 4-28 for every day the violation continues. Overcrowding beyond the units permitted under chapter 27 draws a separate $300 per day fine.

Frequently Asked Questions

Can a Brockton landlord re-rent a unit without an inspection?
No. City Code § 4-22(a) requires PHD to inspect a vacated unit and issue a certificate of fitness before it can be reoccupied by a new tenant, confirming it meets Article II of the state sanitary code.
How often must an occupied Brockton rental be recertified?
Section 4-22(b) requires every apartment subject to the article to get a certificate of fitness at least once every three years, and (f) exempts units already inspected and certified from recertification for 24 months from that certification.
What happens if PHD doesn't inspect a vacant Brockton unit fast enough?
Under § 4-22(h), if PHD fails to inspect within five full working days after the owner's written vacancy notice, it must issue a certificate of permission to rent, allowing the unit to be reoccupied without waiting further.

Sources & Official References

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