Winthrop, Mass., Code of Ordinances ch. 8.40 (2023) § 8.40.020
Definitions
Operative Text
"Inspector" means an agent or designee of the Town of the Winthrop's Health Department, Building Department or Fire Department. "Board" means the Town of Winthrop Board of Health. "Owner" means an individual, or for-profit or not-for-profit entity, corporation, limited liability corporation, or agent thereof, which alone or severally with others: has legal title to any dwelling, dwelling unit, or parcel of land, vacant or otherwise or in any capacity has care, charge or control of the foregoing, , including but not limited to agent, executor, administrator, trustee or guardian of the estate of the holder of legal title; or mortgagee in possession of any such property; or agent, trustee or any other person appointed by a court and is vested with possession or control of any such property; or 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/she were the owner. "Problem Property" means a Rental Unit or other property that meets the following criteria: A. The Police Department has been called to the Property at least four times within the preceding 12-month period for any complaint or other incident involving any arrestable offense, including, but not limited to, disturbing the peace, trespassing, underage drinking, drug use or assault; or B. The Board of Health or an Inspector has received four or more complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions. C. A property would be deemed a 'Problem Property' except where the landlord has shown diligence in alleviating this issue. This exception would be valid if the problem is created/caused by a tenant, such as a domestic issue or if the landlord has defined and implemented an acceptable plan to mitigate the issue such as a formal eviction process. The hearing officer would be the arbiter or this decision. "Rental Unit" means a space occupied or intended for occupancy by a person other than the owner of the unit, regardless of whether compensation is received for the rental, including a bedroom in a rooming house, a unit of temporary housing used or intended for human habitation or a non-owner occupied condominium unit, but excluding units within motels, hotels or lodging houses, excluding any such unit identified in Section 8.40.030 as exempt from the provisions of this chapter. "State Sanitary Code" means Chapter II, 105 CMR 410.000, et seq. Minimum Standards of Fitness for Human Habitation. "Town" means the Town of Winthrop.
Section 8.40.020 of the Winthrop Code of Ordinances establishes the core definitions that govern the town's rental housing standards chapter. Key terms include 'Owner,' which is defined broadly to cover not just titleholders but also agents, trustees, executors, and others who exercise care or control over a dwelling — each of whom is equally bound by the chapter's minimum standards. A 'Problem Property' is one that has generated at least four police calls for arrestable offenses, or four Board of Health complaints for unsanitary conditions, within a 12-month period, though a landlord who demonstrates diligence in addressing tenant-caused issues may avoid that designation.
Plain English — not legal advice.
Under § 8.40.020, the definition of 'Owner' is intentionally broad, meaning that property managers, agents, trustees, and others who exercise control over a rental unit bear the same compliance obligations as the titleholder. Operators who want to avoid a 'Problem Property' designation generally document their responses to tenant-caused disturbances and, where appropriate, pursue formal remediation steps such as eviction proceedings, since § 8.40.020 explicitly recognizes landlord diligence as a basis for exemption. Maintaining clear records of complaints received and actions taken is a practice consistent with demonstrating that diligence to a hearing officer.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.40.020 makes clear that responsibility for a rental unit's compliance with Winthrop's minimum housing standards can rest with any person who controls or manages the property — not only the named titleholder — which may be relevant if a tenant needs to identify who is accountable for conditions. The 'Problem Property' definition also means that repeated unsanitary conditions reported to the Board of Health within a 12-month window can trigger formal oversight of a property. Tenants who believe conditions at their rental unit are noxious or unsanitary may consider contacting the Winthrop Board of Health or an Inspector, as defined in § 8.40.020, or reaching 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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