Brockton Code of Ordinances ch. 4, art. II § 4-22
Certificate of fitness
Operative Text
(a) Whenever a dwelling unit, apartment or tenement is vacated by the occupant or occupants, no owner, his agent or other lessor of such property shall allow such unit to become reoccupied unless, prior to its becoming reoccupied by a new tenant, such unit is inspected by PHD and the division issues a certificate of fitness stating that such apartment meets the standards set forth in this state sanitary code, article II. (b) Regardless of any vacancy, every apartment unit subject to this article shall receive a certificate of fitness at least once every three (3) years. (c) A certificate of fitness shall not be issued unless the fee for said certificate pursuant to section 11-181 has been paid. (d) A certificate of fitness shall not be issued unless water, sewer and tax bills have been paid. (e) A certificate of fitness shall not be issued to any owner or his agent if said owner or agent has any outstanding fines assessed by the board of health or the code enforcement officers against any property which said owner may own in the city. Said owner or agent must submit payment of any such fines to the city clerk before a certificate of fitness may be issued. (f) Any dwelling which has actually been inspected and certified as required above shall not be required to be recertified for a period of twenty-four (24) months from the date such certification has been made. (g) No certificate of fitness shall be issued by the board of health through its code enforcement division if the inspection as required above reveals that violations of article II of the state sanitary code exist in such unit. (h) It shall be the duty and responsibility of any owner, his agent or lessor of such property, upon the vacating of any such apartment by a tenant to notify PHD, in writing upon forms provided by the division, that such unit is vacant. If, within five (5) full working days after receipt of such notice, PHD shall fail to make an inspection of such vacant unit, it shall issue a certificate of permission to rent, permitting such unit to be reoccupied. (i) the Public Health Division of The Brockton Department of Health and Human Services shall be authorized to issue certificates of fitness for human habitation and/or certificates of permission to rent. Whenever a certificate of fitness or a certificate of permission to rent shall be issued for any apartment, it shall be posted in a conspicuous place in a common area of the building in which the apartment is located, or a copy of it shall be given to any person occupying said apartment. On each certificate of fitness shall appear the date of its issuance and the name of the inspector making the inspection, and a description of the apartment certified. On each certificate of permission to rent shall appear the date of the issuance and a description of the apartment for which such permission is granted.
Brockton Code of Ordinances ch. 4, art. II § 4-22 establishes a certificate-of-fitness system for residential rental units in Brockton. Before a vacated unit may be reoccupied by a new tenant, the city's Public Health Division (PHD) must inspect it and issue a certificate confirming the unit meets state sanitary code standards; separately, every covered unit must receive this certification at least once every three years regardless of vacancy. Certificates cannot be issued if required fees, water, sewer, or tax bills are unpaid, or if the owner has outstanding board-of-health fines on any city property. If PHD does not complete an inspection within five working days of receiving written vacancy notice, it must instead issue a certificate of permission to rent, allowing reoccupancy to proceed.
Plain English — not legal advice.
Under Brockton Code of Ordinances ch. 4, art. II § 4-22, compliant property operators generally notify PHD in writing—using the division's official forms—as soon as a unit is vacated, and they do not allow a new tenant to move in until either a certificate of fitness or a certificate of permission to rent has been issued. Operators also track the three-year recertification cycle for each unit and ensure that all applicable fees, utility bills, tax obligations, and any outstanding board-of-health fines are resolved before requesting an inspection. Once a certificate is issued, operators post it in a conspicuous common-area location or provide a copy directly to the occupying tenant, as the ordinance requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Brockton Code of Ordinances ch. 4, art. II § 4-22 gives tenants a right to occupy a unit that has been inspected and certified as meeting state sanitary code standards before they move in, and to have a valid certificate posted in a common area or provided to them directly. If a certificate of fitness was not obtained prior to reoccupancy, or if the unit has not been recertified within the required three-year period, a tenant may have grounds to raise that violation in a housing or court proceeding. Tenants who believe this provision has not been followed can contact Brockton's Public Health Division to inquire about a unit's certification status, or reach out to a local tenant-rights organization to understand the range of options available to them.
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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