Cal. Civ. Code § 410.900
Condemnation, Placarding and Vacating Residences
Operative Text
(A) A residence or portion thereof shall be placarded as unfit for human habitation by the board
of health when:
(1) A written petition for a hearing is not filed in the office of the board of health within
seven calendar days after an order of condemnation of any residence or portion thereof has
been issued; or
(2) After a hearing, the order of condemnation of a residence or portion thereof is issued.
(B) No residence or portion thereof which has been condemned and placarded as unfit for
human habitation shall again be used for human habitation until written approval is secured
from, and such placard is removed by, the board of health.
(C) No person shall deface or remove the placard, except that the board of health shall remove
it whenever the defect or defects upon which the condemnation and placarding action was based
have been corrected.
(D) If any person refuses to leave a residence or portion thereof which has been ordered
condemned and vacated and has been placarded in accordance with M.G.L. 111, § 127B and
105 CMR 410.640 through 105 CMR 410.930, such person may be forcibly removed by the
board of health or by state or local police authorities upon request of the board of health.
(E) When a residence or portion thereof has been condemned and placarded as unfit for human
habitation and the occupant of a condemned dwelling unit or rooming unit is not the owner of
the residence, the owner shall provide comparable, suitable housing for the occupant for the
following time period, or whichever is shortest:
(1) The remaining term of the lease or rental period;
(2) Such time as the residence is deemed suitable for habitation by the board of health;
(3) Such time as the occupant finds alternative, permanent housing and voluntarily
terminates tenancy.
(F) The board of health may undertake to demolish any residence after an order for its
destruction has been properly served on the owner and every mortgagee of record in accordance
with the requirements of notice and hearing in 105 CMR 410.650 and 105 CMR 410.800 through
105 CMR 410.860, and M.G.L. c. 111, § 127B.
(G) A claim for the expense incurred by said board in demolishing a residence or any portion
thereof shall constitute a debt due the city or town in accordance with M.G.L. c. 111, §§ 127B.Under 105 Mass. Code Regs. § 410.900, a local board of health has the authority to officially condemn and placard a residence as unfit for human habitation when a condemnation order goes unchallenged or is upheld after a hearing. Once placarded, the property cannot be reoccupied until the board of health formally approves its return to habitable condition and removes the placard. Tampering with or removing the placard is prohibited, and occupants who refuse to leave a condemned property may be forcibly removed by the board of health or law enforcement. If the condemned unit is rented, the owner bears responsibility for providing comparable housing to displaced tenants for a defined period.
Plain English — not legal advice.
Under 105 Mass. Code Regs. § 410.900, property owners whose residences are condemned and placarded are prohibited from allowing reoccupancy until the board of health issues written approval and removes the placard. Compliant operators typically address the underlying defects promptly, document all remediation work, and seek formal clearance from the board before permitting any tenant to return. When a rented unit is condemned, owners are generally expected to arrange comparable, suitable housing for displaced tenants for the duration set out in § 410.900(E), which runs until the shortest of the lease term, the board's determination of habitability, or the tenant's voluntary departure to permanent housing. Demolition costs incurred by the board may be assessed as a debt owed to the municipality under the same provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 Mass. Code Regs. § 410.900, tenants living in a condemned and placarded residence have a right to comparable, suitable housing provided by the owner for the period described in § 410.900(E), as long as the tenant is not the owner of the property. Tenants also have the ability to contest a condemnation order by filing a written petition with the board of health within seven calendar days of the order's issuance, triggering a formal hearing. Those who believe their rights under § 410.900 are not being honored may consider contacting their local board of health, a tenant-rights organization, or seeking guidance from a legal aid service to understand available options.
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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