Brockton, Mass., Ord. ch. 4 art. II § 4-23
Inspections and compliance
Operative Text
(a) All rental units must be inspected at least once every three (3) years. In order to develop the inspection plan for the first year, and subsequent years of the three (3) year inspections cycle, PHD shall utilize data that may include, but shall not be limited to, inspection records, court records, documented constituent complaints, and any information related to the status of the property with the problem property task force or information compiled by said task force to prioritize a list of properties for inspection in each neighborhood. Owners may request that PHD conduct the inspection or said owner may engage an "authorized" non-PHD inspector meeting the qualifications enumerated in section 4-20 . The procedures and fees for such inspections are set forth in paragraph "c" of this section and subsection 4-24 (d). Annual comprehensive apartment inspections conducted by the Brockton Housing Authority leased housing program or any other public or private non-profit entity that administers a Section 8 tenant-based assistance program, or by other Federal, State, or City inspection programs that are accepted by PHD as being substantially equivalent, may be used to satisfy the three (3) year inspection requirement. PHD shall perform periodic and random audit inspections of no less than five percent (5%) of the "authorized" inspections that are filed with PHD. (b) Any owner subject to the provisions of this article may request an inspection by PHD of any apartment owned by him, whether vacant or occupied, for the purpose of receiving a certificate of fitness for said apartment. If upon inspection of said apartment or apartments, the inspector finds there are no violations of article II of the state sanitary code, he shall issue a certificate of fitness for the apartment or apartments inspected. If, however, inspection reveals that violations of article II of the state sanitary code exist in an apartment or apartments, no certificate of fitness shall be issued for the apartment or apartments in which violations exist and the inspector shall issue an order setting forth the violations of article II of the state sanitary code which exist in said apartment or apartments which must be corrected before a certificate of fitness shall be issued. At any time after such violations are corrected, an owner may request a reinspection, provided that none of the time limits provided for in this article shall be applicable. Each and every reinspection shall be subject to a reinspection fee pursuant to subsection 4-24 (d). (c) Any owner subject to the provisions of this article may fulfill the said requirements by requesting an inspection from PHD, within thirty (30) calendar days from issuance of an inspection notice, or notifying PHD within thirty (30) calendar days that the inspection will be completed utilizing one of the alternate methods outlined in paragraph "c". Non-PHD inspection reports must be submitted subject to the regulations promulgated by the commissioner. Failed Non-PHD inspections must be accompanied by a compliance plan acceptable to PHD that will bring the subject rental unit into compliance with the minimum standards for human habitation for a residential dwelling as set forth in the Massachusetts State Sanitary Code (105 CMR 410), as it may be adopted and amended from time to time. All inspections shall include a sworn statement and shall be signed by an PHD Housing Inspector, Brockton Housing Authority Housing Inspector, an inspector of any other public or private non-profit entity that administers a Section 8 tenant-based assistance program, or by other Federal, State, or City inspection programs that are accepted by PHD as being substantially equivalent, or an "authorized inspector". An authorized inspector shall be prohibited from charging more than one hundred thirty-three percent (133%) of the fee charged by the City of Brockton for an inspection performed under these sections.
Brockton Code of Ordinances ch. 4, art. II § 4-23 establishes a mandatory inspection cycle requiring all rental units in Brockton to be inspected at least once every three years. The city's Public Health Department (PHD) prioritizes properties using inspection records, court records, complaints, and problem-property data, and inspections may be carried out by PHD directly or by qualified non-PHD inspectors. Passing an equivalent federal, state, or city inspection program—such as a Section 8 housing quality standards inspection—can satisfy the three-year requirement, and PHD conducts random audits of at least five percent of authorized non-PHD inspections to verify compliance.
Plain English — not legal advice.
Under Brockton Code of Ordinances ch. 4, art. II § 4-23, compliant rental property owners generally respond to an inspection notice within thirty calendar days, either by scheduling a PHD inspection or notifying PHD that an authorized alternative inspector will be used. When a non-PHD inspection reveals violations, operators typically submit a compliance plan acceptable to PHD that outlines how the unit will be brought into conformance with the Massachusetts State Sanitary Code (105 CMR 410). Owners seeking a certificate of fitness for a vacant or occupied unit may request a PHD inspection at any time, and any reinspection following a violation correction is subject to a reinspection fee under subsection 4-24(d); authorized inspectors are also capped at 133% of the city's inspection fee.
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 § 4-23 gives tenants an indirect but meaningful protection: all rental units must be inspected on a regular cycle, and units with outstanding violations of the Massachusetts State Sanitary Code cannot receive a certificate of fitness until those violations are corrected. Tenants who believe their unit has not been inspected or has unresolved code violations may consider documenting conditions and reaching out to Brockton's Public Health Department, which maintains inspection records and can initiate or audit inspections. Tenant-rights organizations and legal aid services familiar with Brockton housing law can help residents understand how the inspection and complaint process under § 4-23 may relate to their specific housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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