{ "dataset": "Homzora Massachusetts Repair Obligations 2026", "title": "Massachusetts landlord repair obligations for heat, hot water and habitability, and the tenant remedies attached to them", "period": "2026", "basis": "The State Sanitary Code at 105 CMR 410, governing minimum standards of fitness for human habitation, together with the statutory tenant remedies at M.G.L. c.111 s.127L and M.G.L. c.186 s.14.", "sources": [ "https://www.law.cornell.edu/regulations/massachusetts/105-CMR-410-190", "https://www.law.cornell.edu/regulations/massachusetts/105-CMR-410-201", "https://www.law.cornell.edu/regulations/massachusetts/105-CMR-410-750", "https://www.law.cornell.edu/regulations/massachusetts/105-CMR-410-180", "https://www.mass.gov/guidance/guidance-on-heating-season-and-min-temps", "https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section127L", "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section14" ], "verified": "2026-09-21", "note": "Massachusetts is unusual in setting both a floor and a ceiling on domestic hot water temperature, and in treating a failure of heat or hot water as an immediate hazard rather than one subject to a grace period. The remedies are also unusually strong: interruption of utilities carries a criminal penalty as well as civil damages of three months rent or actual damages, whichever is greater. This is not legal advice.", "documented_disagreement": [ "Two provisions of 105 CMR 410 state different end dates for the heating season. 105 CMR 410.201, and the Commonwealth guidance that cites it, require heat on every day of the year except 15 June to 15 September, which produces a season running 15 September to 15 June. 105 CMR 410.180, as published by the Cornell Legal Information Institute, states 15 September through 31 May. Homzora publishes the 15 June figure because it is the one the Commonwealth guidance relies on and because 410.201 is the section that guidance cites. The 31 May figure is recorded here rather than discarded, and anyone relying on the final two weeks of the season should confirm against the current certified text before acting." ], "license": "CC BY 4.0. Attribution: Homzora, homzora.co", "methodology": "https://homzora.co/boston-housing-data/", "columns": [ "provision", "subject", "what_it_requires", "key_figure", "notes" ], "rows": [ { "provision": "105 CMR 410.190", "subject": "Minimum hot water temperature", "what_it_requires": "The owner must supply hot water at a minimum of 110 degrees Fahrenheit.", "key_figure": "110 F (43 C)", "notes": "A floor, not a target. Water delivered below this at the fixture is a code violation regardless of what the boiler is set to." }, { "provision": "105 CMR 410.190", "subject": "Maximum hot water temperature", "what_it_requires": "Hot water shall not exceed 130 degrees Fahrenheit.", "key_figure": "130 F (54 C)", "notes": "Massachusetts caps the temperature as well as setting a floor. A system delivering water above 130 F is out of compliance, which is a scalding protection rather than a comfort rule." }, { "provision": "105 CMR 410.190", "subject": "Quantity and pressure", "what_it_requires": "Hot water must be provided in a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures which normally need hot water for their proper use and function.", "key_figure": "Sufficient for ordinary use of all fixtures", "notes": "The test is functional rather than numerical. A system that reaches 110 F but runs cold after one shower does not satisfy the requirement." }, { "provision": "105 CMR 410.190", "subject": "When the owner is not responsible", "what_it_requires": "The obligation rests on the owner unless, and to the extent that, the occupant is required to provide fuel for the operation of the facilities under a written letting agreement.", "key_figure": "Written agreement required to shift it", "notes": "The shift must be in writing and in the letting agreement. An oral understanding does not move the obligation." }, { "provision": "105 CMR 410.201", "subject": "Heating season", "what_it_requires": "Heat must be provided on every day of the year other than the period from 15 June to 15 September.", "key_figure": "15 September to 15 June", "notes": "See the documented disagreement recorded with this dataset. A second provision states 31 May." }, { "provision": "105 CMR 410.201", "subject": "Minimum daytime temperature", "what_it_requires": "At least 68 degrees Fahrenheit between 7:00 A.M. and 11:00 P.M.", "key_figure": "68 F (20 C)", "notes": "Measured in every habitable room and in every room containing a toilet, shower or bathtub." }, { "provision": "105 CMR 410.201", "subject": "Minimum night temperature", "what_it_requires": "At least 64 degrees Fahrenheit between 11:01 P.M. and 6:59 A.M.", "key_figure": "64 F (17 C)", "notes": "The four degree overnight reduction is permitted, not required." }, { "provision": "105 CMR 410.201", "subject": "Maximum temperature", "what_it_requires": "The temperature shall at no time exceed 78 degrees Fahrenheit during the heating season.", "key_figure": "78 F (25 C)", "notes": "Overheating is a violation in the same way underheating is. Tenants in steam heated buildings opening windows in January are often living in a code violation." }, { "provision": "105 CMR 410.750(A)", "subject": "Failure of water supply is an immediate hazard", "what_it_requires": "Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant is a condition deemed to endanger or materially impair health or safety.", "key_figure": "Immediate hazard", "notes": "This classification is what triggers the emergency response and the stronger remedies. It is not a routine repair item." }, { "provision": "105 CMR 410.750(B)", "subject": "Failure of heat is an immediate hazard", "what_it_requires": "Failure to provide heat as required by 105 CMR 410.201, or improper venting or use of a space heater, is a condition deemed to endanger or materially impair health or safety.", "key_figure": "Immediate hazard", "notes": "Improper use of a space heater is itself listed, so a landlord supplying space heaters in place of working heat may be creating a second violation rather than curing the first." }, { "provision": "105 CMR 410.750(O)", "subject": "The five day category does not cover heat or hot water", "what_it_requires": "Certain other conditions qualify only where they remain uncorrected for five or more days following notice to, or knowledge of, the owner.", "key_figure": "5 days, other conditions only", "notes": "Heat and hot water sit in the immediate category and do not attract this waiting period. Guidance that applies a five day rule to a hot water failure has taken it from the wrong paragraph." }, { "provision": "M.G.L. c.111 s.127L", "subject": "Certification required before repair and deduct", "what_it_requires": "The violation must be certified as one which may endanger or materially impair health, safety or well-being by a board of health, a code enforcement agency, a housing commissioner in Boston, Worcester or Cambridge, or a court.", "key_figure": "Certification required", "notes": "A tenant cannot self certify. This is the step most often skipped, and skipping it removes the protection entirely." }, { "provision": "M.G.L. c.111 s.127L", "subject": "Time for the owner to begin", "what_it_requires": "After written notice, the owner must begin repairs or contract with a third party to do so.", "key_figure": "5 days", "notes": "Beginning is enough at this stage. The owner does not have to finish within five days." }, { "provision": "M.G.L. c.111 s.127L", "subject": "Time for the owner to complete", "what_it_requires": "After written notice, the owner must substantially complete all necessary repairs, or a shorter period if ordered by a court.", "key_figure": "14 days", "notes": "Substantial completion, not perfection. A court may compress the period." }, { "provision": "M.G.L. c.111 s.127L", "subject": "How much a tenant may deduct", "what_it_requires": "A tenant may not deduct more than four months rent in any twelve month period, or period of occupancy, whichever is shorter.", "key_figure": "4 months rent", "notes": "Calculated using the highest monthly rent during the occupancy or during the twelve months before the violation is repaired, whichever is shorter, which favours the tenant where rent has fallen." }, { "provision": "M.G.L. c.111 s.127L", "subject": "Aggregate cap in a multi unit building", "what_it_requires": "Where several tenants in one building are affected, the total deducted by all of them combined is capped.", "key_figure": "4 months total across all tenants", "notes": "The cap is on the building, not on each tenant. Several households acting on the same failure share one ceiling." }, { "provision": "M.G.L. c.186 s.14", "subject": "Interruption of utilities prohibited", "what_it_requires": "It is unlawful for a landlord wilfully or intentionally to fail to furnish water, hot water, heat, light, power, gas, elevator service, telephone service, janitor service or refrigeration service where it is the landlord obligation, or directly or indirectly to interfere with the furnishing of these by another.", "key_figure": "Prohibited outright", "notes": "Interference with a third party supplier is covered as well as the landlord failing directly. Calling the utility to have service ended falls inside the section." }, { "provision": "M.G.L. c.186 s.14", "subject": "Criminal penalty", "what_it_requires": "A violation is punishable by a fine or by imprisonment.", "key_figure": "Fine of 25 to 300 dollars, or up to 6 months imprisonment", "notes": "Massachusetts is one of the few states attaching a criminal penalty to utility interruption by a landlord." }, { "provision": "M.G.L. c.186 s.14", "subject": "Civil damages", "what_it_requires": "The tenant may recover actual and consequential damages or three months rent, whichever is greater, together with the costs of the action including a reasonable attorney fee.", "key_figure": "3 months rent, or actual damages if greater", "notes": "Three months rent is a floor rather than a cap. Where actual damages exceed it, actual damages govern." }, { "provision": "M.G.L. c.186 s.14", "subject": "How the remedy may be used", "what_it_requires": "The damages may be applied as a setoff or recoupment against a claim for rent, and a court has equitable jurisdiction to restrain a violation. The section also carries protection against retaliation.", "key_figure": "Setoff or recoupment available", "notes": "A tenant does not have to bring a separate action. The claim can be raised defensively when the landlord sues for rent." } ] }