Cal. Civ. Code § 410.800
Right to Hearing
Operative Text
Unless otherwise specified in 105 CMR 410.000, the following persons may request a
hearing before the board of health by filing a written petition:
(A) Any person or persons upon whom any order or notice has been served and all affected
persons, pursuant to 105 CMR 410.000 (except for an order issued after the requirements of
105 CMR 410.650 have been satisfied) provided, such petition must be filed within seven
calendar days after the day the order was served;
(B) Any person aggrieved by the failure of any inspector(s) or other personnel of the board of
health:
(1) To inspect upon request any premises as required by 105 CMR 410.000; provided, such
petition must be filed within 30 calendar days after such inspection was requested;
(2) To issue a report on an inspection as required by 105 CMR 410.000; provided, such
petition must be filed within 30 calendar days after the inspection;
(3) To find after an inspection violations of 105 CMR 410.000 when such violations are
claimed to exist or to certify that a violation or combination of violations may endanger or
materially impair the health or safety, and well-being of the occupants of the premises;
provided, such petition must be filed within 30 calendar days after receipt of the inspection
report;
(4) To issue an order as required by 105 CMR 410.640; provided that such petition must
be filed within 30 calendar days after receipt of the inspection report;
(5) To enforce the provisions of 105 CMR 410.000 pursuant to M.G.L. c. 111, § 127A;
provided such petition must be filed within 45 calendar days after receipt of the order; or
(6) To follow the provisions of 105 CMR 410.700 in the approval of a variance; provided
such petition must be filed within 30 calendar days of the board of health's grant of the
variance.Section 410.800 of 105 CMR 410.000 establishes a formal right to request a hearing before the local board of health by submitting a written petition. This right extends to anyone who has received an order or notice under the code, as well as to anyone aggrieved by a board of health's failure to inspect, report, find violations, issue orders, enforce the code, or properly handle variance approvals. Each type of grievance carries its own filing deadline, ranging from seven calendar days (for challenging a served order) to 45 calendar days (for enforcement failures), making the timing of the petition a critical element of the process.
Plain English — not legal advice.
Under § 410.800, property owners or managers who receive an order or notice from the board of health have the right to contest it by filing a written petition for a hearing within seven calendar days of service. Operators who believe an inspector has failed to act properly—such as failing to inspect upon request or failing to issue a required report—can also petition the board, subject to the applicable 30- or 45-day deadlines. Compliant operators generally keep careful records of when orders and inspection reports are received so that any petition can be filed within the timeframes specified in 105 CMR 410.000.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.800 of 105 CMR 410.000 gives tenants and other affected persons a formal avenue to challenge board of health inaction, such as a failure to inspect a property upon request, to issue an inspection report, to find violations that appear to exist, or to enforce the code. Tenants who believe the board of health has not fulfilled its obligations can file a written petition for a hearing, with deadlines generally ranging from 30 to 45 calendar days depending on the specific type of failure. Tenant-rights organizations and legal aid offices can help individuals understand which deadline applies to their situation and what documentation to gather when preparing a petition 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.
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