Cal. Civ. Code § 410.830
Hearing Procedures
Operative Text
At the hearing the petitioner and other affected persons shall be given an opportunity to be
heard, to present witnesses or documentary evidence, and to show why an order should be
modified or withdrawn, or why a residence should not be condemned, vacated, or demolished
or why an action or failure to act by an inspector or other personnel of the board of health should
be reconsidered, rescinded, or ordered.
410. 840: Final Decision after Hearing; Failure to Comply with Final Order
The board of health shall notify the petitioner and all affected persons in writing of its
decision to sustain, modify, or withdraw the order within five calendar days after the conclusion
of the hearing.
(A) If the board of health sustains or modifies the order, it shall be carried out within the time
period allotted in the original order or in the modification.
(B) If after a hearing the order has been sustained in whole or part, each day's failure to comply
with the order as issued or modified shall constitute an additional offense.Section 410.830 of the Massachusetts Minimum Standards of Fitness for Human Habitation (105 CMR 410.000) establishes the procedural rights available at a board of health hearing, including the opportunity to present witnesses and documentary evidence. After the hearing concludes, the board of health must issue a written decision—sustaining, modifying, or withdrawing the order—within five calendar days. If the order is upheld in whole or in part, each day that the responsible party fails to comply counts as a separate, additional offense under § 410.840.
Plain English — not legal advice.
Under 105 CMR 410.830 and § 410.840, property owners who receive a board of health order and request a hearing are entitled to present witnesses and documentary evidence in support of their position. Compliant operators track the original compliance deadline carefully, because a sustained or modified order must still be fulfilled within the timeframe set in the original or modified order. Once a final decision is issued, continued non-compliance accumulates as a new offense for each day the violation persists, which can significantly compound exposure to enforcement action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.830 gives affected persons—which can include tenants—the right to participate in a board of health hearing, present evidence, and argue why an order should be modified, withdrawn, or reconsidered. Under § 410.840, if the board sustains the order and the responsible party still does not comply, each additional day of non-compliance constitutes a separate offense, which may strengthen the basis for further enforcement. Tenants who believe a housing order is not being followed may consider contacting their local board of health directly or reaching out to a tenant-rights organization for information about available enforcement paths.
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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