Cal. Civ. Code § 410.940
Correction of Violations by Board of Health; Expenses
Operative Text
(A) If a failure to comply with an order requiring that any residence or its premises be properly
cleaned or repaired results in a condition which endangers or materially impairs the health or
well-being of the occupant or the public, the board of health may cause such proper cleaning or
repair and charge the responsible person or persons as hereinbefore provided with any and all
expenses incurred. Any such charges by the board of health shall not absolve the responsible
person or persons from any penalty warranted by the failure to comply with the order.
(B) The board of health may also act in an emergency under the provisions of 105 CMR
400.200(B) to clean or repair any residence which so fails to comply with the provisions of
105 CMR 410.000 as to endanger or materially impair the health or safety, and well-being of the
occupant or the public, and to charge the responsible person or persons with any and all expenses
incurred.Under 105 Mass. Code Regs. § 410.940, when a responsible party fails to comply with a board of health order to clean or repair a residence and that failure creates a condition endangering or materially impairing health or well-being, the board of health is authorized to step in and perform the necessary cleaning or repairs itself. The board may then bill the responsible party for all expenses incurred. Importantly, being charged for those expenses does not shield the responsible party from any additional penalties that may apply for the original failure to comply. In emergency situations, the board of health may act immediately under 105 CMR 400.200(B) without waiting for the standard order process.
Plain English — not legal advice.
Property owners and managers subject to 105 Mass. Code Regs. § 410.940 should be aware that a board of health order to clean or repair a residence carries real financial consequences if left unaddressed. Compliant operators generally respond promptly to board of health orders, because if the condition rises to the level of endangering health or well-being, the board may perform the work itself and recover all associated costs from the responsible party. Paying those remediation costs does not eliminate exposure to separate penalties for the underlying failure to comply with the original order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in conditions that endanger or materially impair health or safety may have protections under 105 Mass. Code Regs. § 410.940, which authorizes the local board of health to order cleaning or repairs and, if the responsible party does not comply, to carry out that work directly at the responsible party's expense. Tenants can generally report unsafe housing conditions to their local board of health, which has the authority to issue orders and, in emergencies, to act immediately under 105 CMR 400.200(B). Tenant-rights organizations and legal aid services can help residents understand what options may be available when a landlord or other responsible party fails to address a board of health order.
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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