Fall River, MA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Trigger
- Direct hazard or immediate peril
- Hearing required
- No: immediate order allowed
- Possible remedy
- Order to vacate premises
- Default penalty
- Up to $300 per offense/day
Summary
Fall River's Minimum Housing Standards Director can bypass the normal notice-and-cure process when a violation poses a direct hazard, issuing an immediate compliance order that can include forcing occupants to vacate the building.
finds that there exists a violation of this article which in his opinion requires immediate action to abate a direct hazard or immediate peril to the health or safety of the occupants of a building or of the public, he may, without prior notice of violation or hearing, issue a notice of violation for immediate compliance reciting the existence of such violation, and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate the premises. Notwithstanding the other provisions of this article, the notice of violation for immediate compliance shall be effective immediately upon its service or in such time as the Director shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom a notice of violation for immediate compliance is served shall comply therewith immediately or otherwise as such notice may specify.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4739915; v14 updated 2025-12-23; through 12-23-2025).
Full Breakdown
Under Article III of the Housing Code, the Director of the Division of Minimum Housing Standards normally must give written notice and a correction period before enforcing violations in court. Section 42-88 lets the Director skip that process entirely when a violation creates a direct hazard or immediate peril to occupant or public health and safety, issuing an immediate-compliance notice, effective on service, that can order the building vacated without a prior hearing.
Violations & Fines
No fixed fine applies here; Article III violations default to the citywide $300-per-offense general penalty under Section 1-15, each day a separate offense, plus court enforcement under Section 42-89 if uncorrected.
Frequently Asked Questions
Does the city have to warn me before acting?
Can the city force tenants out of a building?
Sources & Official References
Other rules in Fall River
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