Cal. Civ. Code § 410.100
Kitchen Facilities
Operative Text
(A) For dwelling units and shared kitchen facilities, the owner shall provide and maintain, in
compliance with the manufacturer's intended use, the following facilities suitable to store,
prepare and serve foods in a sanitary manner:
(1) Cabinets, pantry or shelving;
(2) A countertop;
(3) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils;
(4) The space and proper facilities for the installation of a refrigerator with freezer, cooktop
and oven;
(5) A conventional cooktop and oven unit with at least 1.7 cubic feet of oven area except
and to the extent the occupant is required to provide and maintain these items under a written
rental agreement; and
(6) A refrigerator with freezer containing a combined storage area of at least 11.0 cubic feet
except and to the extent the occupant is required to provide and maintain these items under
a written rental agreement.
(B) The facilities required by 105 CMR 410.100(A) shall have smooth and impervious surfaces
and be free from defects which make them difficult to keep clean or create an accident hazard.
(C) The wall above the countertop containing a sink in a kitchen or pantry shall have a smooth,
nonabsorbent, easily cleanable surface, and form a watertight seal with the countertop. Gypsum
board is an allowable substrate above the countertop provided it is coated with paint, or other
appropriate material, applied in accordance with the manufacturer's recommendations. The
surface shall extend at least 24 inches above the countertop where practical.
(D) The floor surfaces of every kitchen and pantry shall be smooth, noncorrosive, and
nonabsorbent. Wood flooring is allowed provided the flooring has a water-resistant finish and
is maintained so as to prevent the accumulation of dirt and food or the harborage of pests.
(E) If the owner of a residence provides use of shared facilities for cooking, the owner shall
ensure these facilities are:
(1) Separate from any rooming unit;
(2) Accessible without passing through any part of another dwelling unit or rooming unit;
and
(3) Maintained in a clean and sanitary condition and all food contact surfaces sanitized at
least once every 24 hours and more often if necessary.Massachusetts regulation 105 CMR 410.100 sets minimum standards for kitchen facilities in residential dwelling units and shared cooking spaces. Owners are required to supply and maintain specific equipment — including cabinets, a countertop, a sink, a cooktop and oven (with at least 1.7 cubic feet of oven space), and a refrigerator with freezer (at least 11.0 cubic feet combined) — unless a written rental agreement places responsibility for the appliances on the occupant. All surfaces, including floors and the wall above the sink, must be smooth, cleanable, and free of defects, and shared kitchen facilities must be accessible without passing through another unit and sanitized at least once every 24 hours.
Plain English — not legal advice.
Under 105 CMR 410.100, property owners generally ensure that every kitchen is equipped with functioning cabinets, a countertop, an adequately sized sink, and properly installed appliances meeting the specified minimum dimensions. Compliant operators verify that all kitchen surfaces — floors, walls above the sink, and countertops — are smooth, nonabsorbent, and free of defects that could create cleaning difficulties or safety hazards. Where shared cooking facilities are provided, operators typically keep those spaces separate from rooming units, accessible by a common path, and sanitized on at least a daily basis.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 105 CMR 410.100 gives tenants in Massachusetts the right to a kitchen that meets specific equipment and surface-condition standards, including minimum appliance sizes, unless a written lease clearly shifts appliance responsibility to the tenant. If a kitchen is missing required items, has damaged or unsanitary surfaces, or shared facilities are not being properly maintained, tenants may have grounds to report the conditions to their local board of health, which enforces the state Sanitary Code. Tenant-rights organizations can help residents understand what documentation to gather and what complaint processes may be available under this provision.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.