Cal. Civ. Code § 410.650
Residences Unfit for Human Habitation; Hearing; Condemnation; Order to Vacate; Demolition
Operative Text
(A) Finding That a Residence or Portion Thereof Is Unfit for Human Habitation. If an
inspection conducted pursuant to 105 CMR 400.100 or 105 CMR 410.600 reveals that an
occupied residence or portion thereof is unfit for human habitation, the board of health shall,
subject to 105 CMR 410.650(B), (C) or (D) issue a written finding that the residence or portion
thereof is unfit for human habitation. The finding shall include a statement of the material facts
and conditions upon which the finding is based.
(B) Prior Notification to Occupant(s) and Owner. If the residence or portion thereof is
occupied, the board of health shall, prior to issuing a finding under 105 CMR 410.650(A),
provide written notice to the occupant(s) and owner which shall include:
(1) Identification of the residence (address and apartment number, if any);
(2) A copy of the inspection report;
(3) A statement that the board of health will consider issuing a finding that the residence
or a specifically identified portion thereof is unfit for human habitation;
(4) A statement that this finding may result in an order of condemnation requiring the owner
to secure the residence or portion thereof and requiring the occupant(s) to vacate the
residence or portion thereof; and
(5) A statement of the time and place of a public hearing which the board of health will
conduct in order to determine whether the residence or portion thereof is unfit for human
habitation, and whether an order to secure and vacate should be issued.
(C) Service of Notice. The notice shall be served in accordance with 105 CMR 410.680.
(D) Hearing If Residence or Portion Thereof Is Occupied. If the residence or portion thereof
is occupied, then the board shall, prior to issuing a finding under 105 CMR 410.650(A), and at
least five calendar days after service of the notice required by 105 CMR 410.650(B), conduct a
public hearing to determine whether the residence or portion thereof is unfit for human habitation
and whether an order to secure and to vacate should be issued. At the hearing the occupant(s),
owner, or any other affected person shall be given an opportunity to be heard, to present
witnesses or documentary evidence and to show why the residence or portion thereof should or
should not be found unfit for human habitation, and why an order to vacate and an order to
secure should or should not be issued.
(E) Exception to Notification and Hearing Requirements. If at any time the board of health
determines in writing that the danger to the life or health of the occupant(s) is so immediate that
no delay may be permitted, then the board of health may immediately issue a finding that an
occupied residence or portion thereof is unfit for human habitation without providing the
notification or hearing specified in 105 CMR 410.650(B) and (D). This emergency determination
must include a written explanation of the conditions presenting an immediate danger. The board
of health shall send the owner and each affected person a copy of the finding of unfitness for
human habitation and a copy of the determination of immediate danger, which shall include a
statement advising of their right to a hearing in accordance with 105 CMR 410.800(A).
(F) Condemnation, Order to Vacate, Order to Secure.
(1) At the same time, or at any time after the board of health issues a finding that a
residence or portion thereof is unfit for human habitation, the board may issue an order
condemning the residence or portion thereof and an order to vacate the residence or portion
thereof, and an order requiring the owner to secure the residence or portion thereof.
(2) If the residence or portion thereof which is ordered to be secured is unoccupied, and
therefore no public hearing was conducted prior to the issuance of the order, then the owner
or any other affected person shall have the right to request a hearing in accordance with
105 CMR 410.800 through 105 CMR 410.860.
(3) No residence or portion thereof which is ordered to be secured shall be occupied without
the prior written permission of the board of health based upon the board's written finding that
the residence or portion thereof to be occupied is fit for human habitation.
(G) Demolition. If, one year after the issuance of an order to secure, compliance with 105 CMR
410.000 has not been achieved, then the board of health may cause the residence or portion
thereof to be demolished or removed provided the requirements of 105 CMR 410.800(A) have
been met.Section 410.650 of 105 Mass. Code Regs. 410.000 establishes the process by which a local board of health may formally declare a residence unfit for human habitation, issue condemnation and vacate orders, and ultimately authorize demolition. When an inspection reveals unsafe conditions in an occupied home, the board must generally provide written notice and hold a public hearing at least five days later before making any official finding — though an emergency exception allows the board to skip those steps if an immediate danger to life or health exists. If a condemned property remains out of compliance for one year after a secure order is issued, the board may proceed with demolition after meeting additional procedural requirements.
Plain English — not legal advice.
Under 105 CMR 410.650, property owners whose units are flagged as potentially unfit for human habitation are entitled to receive written notice that includes a copy of the inspection report, the time and place of a public hearing, and a statement of possible consequences such as a condemnation or vacate order. Compliant operators generally respond promptly to board of health notices, participate in the public hearing process, and address cited conditions before any formal finding is issued. Owners should be aware that if a secure order is issued and conditions remain unremedied for one year, the board of health has authority under § 410.650(G) to initiate demolition proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.650 gives occupants of a residence under review the right to receive advance written notice — including a copy of the inspection report — and to participate in a public hearing before the board of health issues a finding of unfitness for human habitation. At that hearing, tenants may present witnesses or documentary evidence and argue why the residence should or should not be found unfit. If an emergency determination is made without prior notice under § 410.650(E), affected occupants still retain the right to request a hearing under 105 CMR 410.800(A); tenant-rights organizations and local legal aid offices can help explain what that process involves.
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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