Newton, Mass., City Ordinances § 12-1 (2005) § § 12-1

Sec. 12-1. Change of certificate of habitability.

  Whenever an apartment, tenement, or room in a lodging house is vacated by the occupant thereof, or when
an area in an existing building is converted to a condominium, it must be certified by the commissioner of
health and human service, prior to being reoccupied by a new tenant, lodger or occupant, as meeting the
standards set forth in "The State Sanitary Code, Chapter 11, 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 General Laws, Chapter 111, Section 127A. Each
apartment, tenement or room in a lodging house shall be required to be certified only once in any given
twenty-four month period. Condominiums are to be certified only at the time of the initial conversion.
Electricity may be ordered turned off by the commissioner of health and human service if such apartment,
tenement, room in a lodging house or condominium unit is not certified as being fit for human habitation. If
inspection is not made within forty-eight hours after notification is received by the Newton health and
human services department that the apartment, tenement or room in a lodging house is vacated or that the
condominium conversion is completed, a temporary certificate of habitability may be issued upon request of
the owner filed with the commissioner of health and human services, pending inspection. A temporary
certificate of habitability may also be issued if, in the judgment of the commissioner of health and human
services or his duly authorized agents, the owner is entitled to a reasonable period of time to make necessary
repairs and the health and safety of the occupant is not thereby endangered. Certificates of habitability and
temporary certificates of habitability shall be issued by the commissioner of health and human services or
his duly authorized agents. Before electricity is ordered to be shut off by the commissioner of health and
human services, the owner or person in control of the premises shall be given and receive three (3) days
notice that such action is to be taken. (Rev. Ords. 1973, § 8-3; Ord. No. R-151, 6-1-81; Ord. No. S-306, 3-21-88;
Ord. No. X-175, 05-26-05)
    Cross reference—Licensing and permits generally, Ch. 17

∗
 Cross references—Animals and fowl, Ch. 3; recycling and trash, Ch. 11; zones of quiet around hospitals established, § 19-
4; taxicabs carrying persons with contagious diseases prohibited, § 19-309
State law references—Health generally, G.L. c. 111; crimes against public health, G.L. c. 270

                                    Newton Ordinances On-Line - Chapter 12 - page 1
§ 12-17                  NEWTON ORDINANCES — HEALTH AND HUMAN SERVICES                                 § 12-17