Boston, Mass., Mun. Code § 16-52 (2026) § 16-52.2
Definitions
Operative Text
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of Boston. COMMISSIONER. The Commissioner of the Inspectional Services Department. DAYS. Consecutive calendar days. FORECLOSING. The process by which a property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults. INITIATION OF THE FORECLOSURE PROCESS. Taking any of the following actions: (1) Taking possession of a residential property pursuant to M.G.L. Chapter 244, Section 1; (2) Delivering the mortgagee’s notice of intention to foreclose to the borrower pursuant to M.G.L. Chapter 244, Section 17B; or (3) Commencing a foreclosure action on a property in either the Land Court or Suffolk Superior Court. LOCAL. Within 20 driving miles distance of the property in question. MORTGAGEE. The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interests or obligations under the mortgage agreement. OWNER. (1) Every person, entity, service company, property manager or real estate broker, who alone or severally with others: (a) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park; (b) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including, but not limited to, agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title; (c) Is a mortgagee in possession of any such property; (d) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or (e) Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he or she were the owner. However, this Section shall not apply to a Condominium Association created pursuant to M.G.L. Chapter 183A to the extent that such Association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the Association. (2) OWNER also means every person who operates a rooming house; or is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process. PROPERTY. Any real, residential property, or portion thereof, located in the city, including building or structures situated on the property. For purposes of this Section only, PROPERTY does not include property owned or subject to the control of the city or any of its’ governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Boston Redevelopment Authority, Boston Housing Authority and Department of Neighborhood Development. RESIDENTIAL PROPERTY. Any property that contains one or more dwelling units used, intended or designed to be occupied for living purposes. SECURING. Measures that assist in making the property inaccessible to unauthorized persons. VACANT. Any property not currently legally occupied and not properly maintained or secured.
Boston Municipal Code § 16-52 § 16-52.2 establishes the working vocabulary for Boston's foreclosure-related property maintenance rules. It defines key terms — such as "mortgagee," "owner," "property," and "vacant" — that determine who is covered by the ordinance and what types of properties and actions fall within its scope. Notably, the definition of "owner" is broad, encompassing not just titleholders but also agents, trustees, property managers, and mortgagees in possession, while city-controlled properties are explicitly excluded from the definition of "property."
Plain English — not legal advice.
Under Boston Municipal Code § 16-52 § 16-52.2, the term "owner" is defined broadly enough to include property managers, service companies, agents, and mortgagees in possession — meaning compliance obligations under this section can attach to parties beyond the traditional titleholder. Operators who manage residential properties in Boston, or who hold mortgage interests and have initiated the foreclosure process, generally confirm whether they fall within these definitions before assuming they are outside the ordinance's reach. Understanding when the "initiation of the foreclosure process" is triggered — such as by delivering a notice of intention to foreclose or commencing a court action — is also relevant to determining when obligations under the broader section begin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Boston Municipal Code § 16-52 § 16-52.2 sets out definitions that shape who bears responsibility for maintaining and securing residential properties, including those in foreclosure. Because "owner" is defined to include mortgagees in possession and their agents, tenants living in properties undergoing foreclosure may have recourse against a broader set of parties — not just the original landlord — if maintenance or security obligations go unmet. Tenants who believe a responsible party under this section is failing to meet its obligations can explore options such as contacting the Boston Inspectional Services Department or reaching out to a local tenant-rights organization for guidance.
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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