Avon, Mass., Code of Bylaws art ix § 300-9.2
Amendments to Title II (Article II), health occupancy certificates (Avon BoH Art. IX Human Habitation Regulations)
Operative Text
A. Whenever a rented dwelling unit, apartment or tenement other than a motel, hotel, or rooming house is vacated by an occupant or occupants thereof, or within 10 days before the expiration date of the anticipated vacancy, it must be certified by the Board of Health or its agents, prior to being reoccupied by a new occupant, as meeting standards set forth in the Sanitary Code, Title II, Minimum Standards of Fitness for Human Habitation, as promulgated and from time to time amended by the Department of Public Health of the Commonwealth of Massachusetts under the authority of MGL c. 111, § 127A , and as upgraded by local health regulations. However, regardless of the number of occupancy changes during any twelve-month period, one certification shall be sufficient for such twelve-month period. B. No public utilities shall be restored nor billing transferred, except where deemed necessary by the Board of Health or its agents to prevent damage to the dwelling unit, apartment or tenement, until such time that the public utilities company is notified by the Board of Health or it agents, and, after inspection, said unit is certified as being fit for human habitation. If within 96 hours, excluding Sundays and holidays, after receipt of written notice of a vacancy from the owner, managing agent or person in possession, the Board of Health or its agents fail to make an inspection, then said unit may be reoccupied with such certificate. C. This regulation shall not apply to a new construction which is in compliance with the General Laws of the Commonwealth of Massachusetts and local bylaws pertaining thereto; nor shall it apply to new construction which is less than five years old prior to the date on which the rented dwellings, apartment or tenement becomes vacant. D. Any owner of such property used for dwelling purposes failing to comply with this regulation shall pay a fine of $20 each and every day he allows any person or persons to live, occupy or inhabit the premises without having received an occupancy permit from the Board of Health.
Under Avon, Mass., Code of Bylaws ART. IX § 300-9.2, most rented residential units must be inspected and certified by the Board of Health as meeting Massachusetts Sanitary Code minimum habitability standards before a new occupant moves in after a vacancy. Public utilities cannot be restored or billing transferred until the Board of Health notifies the utility company that the unit has passed inspection. One certification covers any number of tenant turnovers within a single twelve-month period, and the requirement does not apply to newer construction less than five years old.
Plain English — not legal advice.
Under ART. IX § 300-9.2, compliant property operators in Avon generally notify the Board of Health in writing within the required window whenever a covered rental unit becomes vacant, coordinate the inspection before allowing a new occupant to move in, and refrain from requesting utility restoration until the Board issues its certification. Operators typically keep records of each certification to demonstrate that the twelve-month coverage rule has been satisfied. Failure to obtain an occupancy permit before allowing habitation can result in a fine of $20 for each day a person occupies the unit without one.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ART. IX § 300-9.2 gives prospective tenants in Avon the assurance that a covered rental unit should have a current Board of Health occupancy certificate confirming it meets Massachusetts Sanitary Code habitability standards before they move in. If a tenant believes a unit was reoccupied without the required certification, they may raise that as a concern with the Avon Board of Health directly or consult a tenant-rights organization familiar with local health bylaws. Tenants can also ask to see the occupancy certificate before signing a lease or taking possession of the unit.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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