Somerville, MA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Adopted state code
- 105 CMR 410.000-419.000 (Sanitary Code)
- Enforcing agency
- Inspectional Services Dept., health division
- Adoption date
- Ord. No. 2004-01, 2/12/2004
- Penalty basis
- Fine under Sec. 1-11(b), per day
- Related codes
- Sec. 9-131 building code, 9-132 fire code
Summary
Somerville enforces the Massachusetts State Sanitary Code, 105 CMR 410.000-419.000, as the city's own housing standard under Sec. 9-133, and a landlord who violates those state minimum-standard sections is treated as violating the city's own Code of Ordinances.
In order to protect and enhance public health, safety and welfare, to the extent the city is the enforcing authority for violations of applicable provisions of such code, the provisions of Sections 410.000 through 419.00, of Chapter 105 of the Code of Massachusetts Regulations (105 CMR), as from time to time amended, are hereby incorporated and made a part of this article and any violation of any provision thereof shall constitute a violation of this section. The penalty for violation of any provision of this article shall be in accordance with section 1-11(b) of the Code of Ordinances. Each day on which a violation exists shall be deemed a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).
Full Breakdown
Sec. 00, of Chapter 105 of the Code of Massachusetts Regulations (105 CMR), as from time to time amended' into the city's Code of Ordinances, to the extent the city is the enforcing authority for that state code. That range is the State Sanitary Code, Minimum Standards of Fitness for Human Habitation, covering heat, hot water, weatherproofing, pest control, egress, and other basic habitability requirements for Somerville rental units. Because the city adopts the state text by reference and it amends automatically whenever the state amends it, a landlord who violates a state sanitary-code habitability standard, such as failing to supply heat or hot water or leaving a unit infested, is simultaneously in violation of Sec.
9-133 of the city ordinance. The city's Inspectional Services Department, health division, is the enforcing authority for the sanitary code within Somerville and inspects rental units on complaint or referral. This section sits alongside the city's parallel adoption of the state building code (Sec. 9-131, 780 CMR) and the state fire code (Sec. 9-132, 527 CMR) in Chapter 9, Article IX, Offenses Against Public Codes, all three adopted together by Ord. No. 2004-01 on February 12, 2004.
Violations & Fines
Each day a sanitary code violation exists is a separate offense, punished by a fine under Sec. 1-11(b) of the Code of Ordinances (Sec. 9-133(b)). The section does not limit a tenant's other lawful remedies, including a court action for equitable relief such as an order requiring repairs, on top of any city fine.
Frequently Asked Questions
Does Somerville have its own rental habitability code?
Who enforces sanitary code violations in Somerville rentals?
What is the penalty for a sanitary code violation?
Sources & Official References
Other rules in Somerville
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Repairs & Habitability in Nearby Cities
How other cities in this county handle repairs & habitability.