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Minimum Standards of Fitness For Human Habitation (State Sanitary Code, Chapter II)
Commonly Know as Board of Health 105 CMR : Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II) Websites:
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What is the required temperature requirement in an apartment:
64 degrees between 7 AM to 11 PM and 60 degrees 11:01 PM to 6:59 AM in all habitable rooms including bathrooms. 70 degrees between 7 AM to 11 PM and 68 degrees 11:01 PM to 6:59 AM in all habitable rooms including bathrooms. 68 degrees between 7 AM to 11 PM and 64 degrees 11:01 PM to 6:59 AM in all habitable rooms including bathrooms. None of the above.
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Not enough Heat: Temperature requirements in every habitable room including the bathrooms: 68 degrees between 7:00 AM and 11:00 PM and at least 64 Degrees from 11:01 PM to 6:59 AM other than during the period from June 15th through September 15th. Temperature shall at no time exceed 78 Degrees through the heating season. The only exception to this, is if the occupant is to provide the fuel under a written agreement. 105 CMR
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What are the Requirement for light in passageways, hallways, and staircases:
Only during hours of darkness: 12 hours per day 24 hours per day Only if there is no natural light
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Light in passageways, Hallways and Staircases: The owner will provide light 24 Hours per day, so that illumination alone or in conjunction with natural lighting shall be at least one foot candle power as measures at floor level. 105 CMR
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Is there a requirement for occupants for installation and maintenance responsibilities:
No B. Yes
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Occupants Installation and Maintenance Responsibilities: Every occupant of a dwelling unit shall keep all toilets, wash basins, sinks, showers, bathtubs, stoves, refrigerators and dishwashers in a clean and sanitary condition and exercise reasonable care in the proper use and occupation thereof CMR
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What is the minimum Square Footage per Occupant:
There is none 150 Sqft floor space and 70SqFt sleeping space. 100 SqFt floor space and 50Sqft sleeping space None of the above
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Minimum Square Footage: Every dwelling unit shall contain at least 150 Sqft of floor space for its first occupant, and at least 100 SqFt of floor space for each additional occupant, the floor space to be calculated on the basis of total habitable room area. Every room occupied for sleeping purposes by one occupant shall contain at least 70 SqFt of floor space, each additional occupant shall contain at least 50 SqFt of floor space for each occupant. 105CMR (A & B)
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What is required to be secured in a building:
Every building entry and exit door shall be capable of being secured. Every entry and exit door and all windows shall be capable of being secured. Every building and unit entry and exit door shall be capable of being secured. Every building and unit entry and exit door and all windows shall be capable of being secured.
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Locks: Every dwelling shall be capable of being secured against unlawful entry. This means all doors and windows. 105 CMR
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What is required for building identification:
A written placard of the address of the building. A number affixed to each building. A number to each building and to each apartment matching the mailing address. The building must have a number and each apartment must be marked appropriately matching the mailing address.
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Common problems for property owners
Building Identification: The owner shall affix to every building a number representing the address of such building. Additionally each door to an apartment must be marked appropriately matching the mailing address CMR
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When are screens required:
Only when you are having an inspection. Only if you are renting to a third party payee. During the period of April 15th through October 1 During the period of April 1st through October 30th.
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Installation of Screens: The owner shall provide and install screens as required in 105 CMR and They need to be in place during the period April 1st through October 30th, both inclusive, in each year CMR
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Whose responsibility is it to maintain areas free from garbage and rubbish:
The tenants of any areas that they control B. The Occupant of any areas which they exclusively occupy or control. C. The owners of the building. None of the above
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Maintenance of Areas Free from Garbage and Rubbish: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which he exclusively occupies or controls. 105 CMR (B & C)
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Resource Binder Printed copy of 105 CMR 410.000
Safe and sanitary housing for Massachusetts residents (From the Mass. Gov website) Booklet 2 Housing Code and Housing Code Checklist. Move in Checklist from Masslegalhelp.org Form 2 Statement of Condition Form 3 Letter requesting an inspection Form 11 Rent withholding Letter Form 12 Moving out Checklist Form 17 U.S. Department of Housing and Urban Development Inspection Checklist HQS Inspection Checklist for Landlords Case Law: Boston Housing Authority vs Ruth Hemingway November 8, 1972 Case Law: Jablonski vs York Properties December 17, 2003
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