Cal. Civ. Code § 410.002
Scope
Operative Text
(A) The provisions of 105 CMR 410.000 apply to all residences as defined in 105 CMR
410.010, unless otherwise specified in 105 CMR 410.000. Applicable requirements of
Massachusetts General Law, 780 CMR: State Board of Building Regulations and Standards and
other specialized codes included in M.G.L. c. 143, § 96 shall be adhered to in the design,
construction, and maintenance of buildings, structures and equipment.
(B) The provisions of 105 CMR 410.000 shall not apply to any residence:
(1) Otherwise required to conform to minimum habitation standards specified in other
chapters of the State Sanitary Code, or otherwise exempt by statute;
(2) Used exclusively as a temporary overnight shelter;
(3) Owned by an agency of the Commonwealth;
(4) In any hospital, convalescent, nursing home, or rest home licensed by the Department
of Public Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71, unless
regulations pertaining to such facilities require compliance with 105 CMR 410.000; or
(5) On a federal military base or where enforcement is otherwise pre-empted by federal law.
(C) It is the duty of the local health official to identify violations and order correction of such
violations pursuant to 105 CMR 410.640 through 105 CMR 410.680 and the legal obligation of
the person to whom the order is issued to comply with such order.
(D) Nothing contained in 105 CMR 410.000 shall be construed to limit or otherwise restrict any
person from seeking judicial relief in a court of competent jurisdiction notwithstanding any
hearing, proceeding, or other administrative remedy set forth in 105 CMR 410.000.
(E) The provisions of 105 CMR 400.000: State Sanitary Code, Chapter I shall govern the
administration and enforcement of 105 CMR 410.000 except as supplemented by 105 CMR
410.600 through 105 CMR 410.950.Section 410.002 establishes the scope of Massachusetts's Minimum Standards of Fitness for Human Habitation (105 CMR 410.000), which applies broadly to residential dwellings across the state as defined in the code. Certain categories of residences are carved out from coverage, including temporary overnight shelters, Commonwealth-owned properties, licensed healthcare facilities, and residences on federal military bases. Local health officials bear responsibility for identifying violations and ordering corrections, and the code preserves the right of any person to seek relief in court regardless of any administrative proceedings underway.
Plain English — not legal advice.
Under 105 CMR 410.002, most privately owned residential rental properties in Massachusetts fall within the reach of the Minimum Standards of Fitness for Human Habitation, meaning landlords are generally expected to design, construct, and maintain their buildings in compliance with both 105 CMR 410.000 and applicable building codes referenced therein. Compliant operators typically respond promptly to orders issued by local health officials under the correction procedures outlined in 105 CMR 410.640 through 410.680. Familiarity with the specific exemptions listed in section 410.002(B) can help property owners understand whether a particular dwelling falls outside the code's reach.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.002 confirms that the Minimum Standards of Fitness for Human Habitation generally cover the residence where a tenant lives, unless it falls into one of the narrow exemptions listed in the provision. Tenants whose dwellings have conditions that may violate 105 CMR 410.000 can contact their local board of health, which has a duty under section 410.002(C) to identify violations and order corrections. Importantly, section 410.002(D) makes clear that pursuing an administrative remedy does not prevent a tenant from also seeking relief through the courts, and tenant-rights organizations can help explain what options may be available.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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