WHAT ARE MY BASIC RIGHTS AS A TENANT?
A. Discrimination
A landlord cannot refuse to rent to you on the basis of
race, color, national origin, sex, age, ancestry, marital
status, sexual orientation, or because you are a member of
the armed forces. S/he cannot refuse you if you are a
recipient of welfare or any other public assistance, or
because of a handicap of any sort.
It is also unlawful to deny rental to adults who have a
child living with them. Massachusetts General Laws prohibit
such discrimination except in dwellings of two units or
less, and in dwellings of three or fewer units where the
presence of a child would cause hardship to a resident who
is disabled, chronically ill, or at least sixty-five years
of age.
S/he may not discriminate by offering you a less desirable
apartment due to any of these factors, either orally or in
writing. A landlord is required to post a summary of the
antidiscrimination laws in a conspicuous place on the
premises. To file a complaint about discrimination contact:
The Massachusetts Commission Against Discrimination One
Ashburton Place Boston, MA 02108 617/727-3990
B. Lease Your landlord is required by state law to give you a
copy of your lease within thirty days of your signing it. If
your landlord fails to do this s/he can be fined an amount
of not more than $300.
C. Unlawful Entry Your landlord may not enter your apartment
without express or implied permission to do so. This could,
but does not have to, include the right to inspect the
premises for damage or if the apartment seems to be
abandoned, or to show the apartment to a prospective lessee.
Otherwise, entering the apartment can be considered
trespassing. Trespassing is punishable by up to thirty days
imprisonment and $100. You have a right to privacy. Your
landlord is not entitled to disturb your privacy within your
apartment. You may choose to have closed tenant meetings in
your apartment, and your landlord may in no way record your
conversations or invade your privacy in a similar manner.
What are habitability rights?
You are entitled to a safe and healthy living environment. The
State Sanitary Code regulations protect the health, safety, and
well-being of the occupants of housing and of the general public.
Copies of the Code may be purchased from: The State Bookstore
State House, Room 116 Boston, MA 02133 617/727-2834 The Tenant
Information Packet costs $2.25. (Price quoted on March 30, 1992.)
The State Sanitary Code states that your landlord may not
interfere with your utilities in any way. You can sue your
landlord for the equivalent of three month's rent, or actual
losses (if they are more than three months rent) if your landlord
has interfered with the "quiet enjoyment" of your apartment. You
have the right to quiet enjoyment. Examples of a violation of
this right are:
A. Heat: Failure to provide heat during seasons which require
heat. The landlord must provide and maintain a heating
system in good operating order. From September 16 to June
14, every room must be heated to at least 68 degrees between
the hours of 7 a.m. and 11 p.m. and at least 64 degrees
between the hours of 11:01 p.m. and6:59 a.m., unless the
tenant is required to supply the fuel under a written lease
agreement. During the heating season, the maximum heat
allowable is 78 degrees.
B. Cockroaches and Rodents: The landlord of a dwelling of two
units or more must maintain your unit free from rodents,
cockroaches, and insect infestation and shall be responsible
for exterminating them.
C. Hot Water: The landlord must provide and maintain facilities
capable of heating and supplying hot water at a temperature
of between 110 and 130 degrees, in a quantity and pressure
sufficient to satisfy the ordinary use of all plumbing
fixtures. Exceptions are made when the occupant is required
to provide fuel for the operation of the facilities under a
written lease agreement.
D. Kitchens: The landlord must provide, within the kitchen, a
sink of sufficient size and capacity for washing dishes and
kitchen utensils, a stove and oven in good repair (except
when a lease agreement requires the tenant to provide
his/her own stove and oven), and space and proper facilities
for the installation of a refrigerator. (Note: the
refrigerator does not have to be provided.)
E. Safety Requirements: In every apartment building consisting
oftwo or more dwellings, there must be a secure, locked door
to the building. Each apartment must also have a secure,
locked door. Your landlord must provide you with locks for
the building as well as for your unit, if you live in a
building with more than three units. A fine up to $500 can
be imposed if your landlord fails to comply with these
rules.
F. Other rights: You have certain other rights as well, giving
you grounds to contenst the following:
If the landlord converts an area that was once private
(accessible to you only) to a common area; assaults or threats
from a person the landlord has promised to monitor; excessive
noise from other tenants under the same landlord's supervision;
repeated problems or inconveniences resulting from conditions
that the landlord has not adequately repaired. If conditions or
situations become absolutely intolerable, and these conditions
have seriously interfered with the quiet enjoyment of your
apartment, you can plead "constructive eviction." You will then
be permitted to move out without being held accountable for the
lease or additional unpaid rent. If your landlord intentionally
interferes with services received by you as a tenant, such as
water, heat, lighting, electricity, gas,elevator service, phone
service, custodial services - s/he can be fined up to $300 or
sentenced up to six months in jail. An absentee landlord is
required to post his/her name, address, and phone number in each
building, in an obvious location. For each day this information
is not provided s/he may be fined up to $50.