Boston Municipal Code ch. 10-2 § 10-2.4
Maximum Rent
Operative Text
The maximum rent of a controlled housing accommodation shall be the rent which was established under Chapter 842 of the Acts of 1970, and Section 13(a) of Chapter 19 of the Ordinances of 1972, as amended as adjusted by the Board pursuant to Chapter 15 of the Ordinances of 1975, as amended or Chapter 1 of the Ordinances of 1983, as amended, whichever is applicable; provided, however, the maximum rent for a rent controlled housing accommodation in a cooperative shall be the rent charged as of May 1, 1982. If the maximum rent of a controlled housing accommodation has not otherwise been established, it shall be established by the Board. Any maximum rent for a controlled housing accommodation shall be adjusted subsequently in accordance with the provisions of Subsections 10-2.5 and 10-2.7. The maximum rent for a mobile home or a mobile home lot shall be the rent charged as of September 1, 1995. (Ord. 1972 c. 19; Ord. 1974 c. 13; CBC 1975 Ord. T10 § 4; Ord. 1979 cs. 29, 37; Ord. 1981 c. 8; Ord. 1982 cs. 15, 16, 17, 26, 37; Ord. 1983 cs. 1, 9, 17, 23, 33; CBC 1985 10-2.4; Ord. 1996 c. 1 § 4; Ord. 1996 c. 9 § 4) Penalty, see Subsection 10-2.17
Boston Municipal Code ch. 10-2 § 10-2.4 establishes how the ceiling rent for a rent-controlled housing accommodation is determined. For most controlled units, the maximum rent traces back to figures set under earlier state and local enactments from the 1970s and 1980s, adjusted over time by the Rent Board; for cooperative units it is anchored to the rent in effect on May 1, 1982, and for mobile homes or mobile home lots it is anchored to the rent charged as of September 1, 1995. Where no maximum has been established through those historical reference points, the Board itself sets the figure, and all maximum rents are subject to further adjustment under Subsections 10-2.5 and 10-2.7.
Plain English — not legal advice.
Under Boston Municipal Code ch. 10-2 § 10-2.4, operators of rent-controlled properties generally identify the applicable historical baseline rent for each unit — whether derived from the 1970s/1980s ordinance history, the May 1, 1982 cooperative benchmark, or the September 1, 1995 mobile home benchmark — and ensure that no rent charged exceeds that ceiling as adjusted by the Board. When no baseline has been formally established for a unit, compliant operators typically seek a determination from the Rent Board before setting or collecting rent. Subsequent changes to the maximum rent must follow the procedures outlined in Subsections 10-2.5 and 10-2.7, and violations are subject to penalties under Subsection 10-2.17.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Boston Municipal Code ch. 10-2 § 10-2.4 gives tenants in rent-controlled accommodations the right to have their rent capped at a maximum figure rooted in historical baselines and Board-approved adjustments, rather than at whatever a landlord might otherwise charge. If a tenant believes rent is being collected above the applicable maximum established under § 10-2.4, general enforcement paths include raising the overcharge as a defense in housing court, filing a complaint with the Boston Rent Equity Board, or reaching out to a local tenant-rights organization for guidance. Because the applicable baseline can depend on the unit's history, cooperative status, or mobile home classification, consulting a tenant-rights resource familiar with Boston's rent control framework can help clarify which benchmark applies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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