Peabody, Mass., Code of Ordinances ch. 14, art. I (2026) § 14-3
Unfit dwellings; restrictions on number of tenants
Operative Text
(a) Whenever upon due examination it shall appear to the Board of Health or its agent that the number of persons occupying any tenement or building is so great as to become a nuisance, source of filth or cause of sickness, or that any tenement or building by reason of uncleanliness, want of proper sanitary accommodations, drainage or ventilation, or by reason of the general unfitness for occupancy, or from any other cause has become unfit for habitation, such tenant shall be prohibited from occupying such tenement or building. The owner shall not permit such tenement or building to be occupied as a dwelling until written permission has been given by the Board of Health. (b) In considering the number of occupants, in accordance with Subsection (a) of this section, the Board will consider a sleeping room to be overcrowded if there is less than 400 cubic feet of air space for each person occupying the same.
Peabody Code of Ordinances ch. 14, art. I § 14-3 establishes that the Board of Health may declare a dwelling unfit for habitation when overcrowding, unsanitary conditions, poor drainage or ventilation, or other deficiencies create a nuisance or health hazard. Once such a determination is made, occupancy is prohibited until the Board issues written permission to resume it. As a specific benchmark, a sleeping room is considered overcrowded when it provides fewer than 400 cubic feet of air space per occupant.
Plain English — not legal advice.
Under Peabody Code of Ordinances ch. 14, art. I § 14-3, compliant property owners generally maintain their units in a sanitary, well-ventilated, and properly drained condition to avoid a Board of Health finding of unfitness. Operators also monitor occupancy levels, keeping in mind that sleeping rooms providing less than 400 cubic feet of air space per person may be flagged as overcrowded. If the Board issues a prohibition on occupancy, the owner must obtain written permission from the Board before allowing any tenant to return to the dwelling.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Peabody Code of Ordinances ch. 14, art. I § 14-3 gives the Board of Health authority to prohibit occupancy of a dwelling that is overcrowded, unsanitary, or otherwise unfit — which means tenants living in such conditions may have grounds to request a Board of Health inspection. If a dwelling is found unfit, the owner cannot lawfully permit re-occupancy without written Board approval, a protection tenants can reference when dealing with substandard housing. Tenants who believe their unit may violate this provision can contact the Peabody Board of Health directly or reach out to a local tenant-rights organization to understand available options.
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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