November, 2005

Slum Lords

Do you live in a dump?  I like the movies where the new divorcee has to move from his or her nice house into a crappy apartment – busted pipes, cockroaches, scary neighbors and not enough space to change your mind.  Fortunately for us renters, the Department of Public Health has minimum standards for human habitation found in Chapter II of the State Sanitary Code [105 CMR 410.000].

The standards are pretty comprehensive and detailed.  Everything down to the kitchen sink (you have to have one) is included.  Here are some of the highlights:

So if you have a gripe, what do you do?  The first step is to give your landlord written notice of the violation and request that he fix it.  Send it by certified mail to get your point across.  If he doesn’t fix it to your satisfaction, file a complaint with your local Board of Health.  They are required to inspect the apartment (in your presence) for possible violations within 5 days.  The inspector then fills out an inspection form which describes any violations and gives a time deadline for the owner to correct them.  S/he may also order the place condemned if it is unfit for human habitation. 

The landlord can appeal the inspector’s determination by filing a petition before the Board of Health.  The tenant can also file a petition if s/he feels the Inspector dropped the ball by not doing a proper inspection or citing a violation.  The Board of Health must hold a hearing within 14-30 days where both sides can present their evidence and arguments.  Within 7 days, the Board issues its written decision.  They can sustain, modify or withdraw the Inspector’s order.  If you don’t like the board’s decision you can appeal it further through the court systems. 

But if you were successful and the Board of Health ordered your landlord to fix something by a certain date, he can be fined $10 to $500 a day that he is in continued violation. 

Also, if the landlord does not fix the violation when you first told him to, you may be able to withhold the rent until he does, or possibly just fix the defect yourself and deduct the cost from the rent.  These doors are not wide-open so make sure you know what you are doing before you leap.

• The bathroom must be a separate room from the rest of the place and have a door that closes.  It must have a bathtub or shower with privacy, and a washbasin either in the room or near the entrance.
  

• 
  

• There must be hot and cold water in sufficient quantity for your needs.
  

• You must be able to heat every habitable room, including the bathroom.  If heat is included in your lease, then the temperature must be maintained at least 68° during the day and 64° at night. 
  

• Every room must have two wall outlets for electricity (or a light fixture and one outlet), except the kitchen, which must have a minimum of one light fixture and two wall outlets.
  

• Exits must be maintained neat and orderly allowing for safe egress.
  

• Windows and exterior doors must be weathertight.
  

• The place must be kept free of rodents, vermin and the like.
  

• The place has to be able to be secured against unlawful entry – locks on doors and windows.
  

• And don’t forget all the building codes which they must comply with.