Massachusetts Occupancy Limits: Rules Renters Should Know

Living with roommates or sharing a rented space in Massachusetts can offer affordability and companionship, but it also comes with legal rules around how many people may live in a unit. Massachusetts occupancy limits and overcrowding laws exist to keep homes safe and habitable for everyone. Understanding these rules can help you avoid conflicts with landlords, inspections, or potential eviction notices. Here's a clear guide for renters about occupancy limits in shared housing, what to do if the property is deemed overcrowded, and steps to stay within the law.

Understanding Massachusetts' Occupancy Limits

Massachusetts occupancy standards are set mainly through state laws and local building codes. These rules are designed to prevent overcrowding, ensure adequate living conditions, and uphold safe housing. Both landlords and tenants need to observe these rules.

Key Laws Governing Occupancy

• State Sanitary Code: The Massachusetts State Sanitary Code (105 CMR 410) sets the minimum standards of fitness for human habitation, including space and occupancy limits^[1].
• Local Ordinances: Many cities and towns have additional occupancy rules. For example, Boston and Cambridge may enforce stricter standards depending on the neighborhood.

How Many People Can Live in a Rental Unit?

The general rule under Massachusetts' State Sanitary Code is:

• No more than one person per 150 square feet of habitable room space (excluding bathrooms, hallways, and storage areas).
• When multiple people share a bedroom, each additional person requires at least 100 extra square feet.

Example: In a room measuring 250 sq ft, the maximum allowed is two people (150 sq ft for the first person + 100 sq ft for a second).

Landlords cannot legally allow or require more people to live in a unit than permitted by law. Overcrowding is both a safety and code violation risk.

Overcrowding: What Renters Need to Watch Out For

If too many people live in a unit, local code enforcement may inspect and cite the property for overcrowding. Possible consequences include:

• Notices to reduce the number of occupants
• Potential eviction proceedings if overcrowding is not corrected
• Fines for the property owner

Tip: Always communicate with your landlord before adding a new roommate. Ensure you remain within legal occupancy limits and update your lease if needed.

Official Complaint Forms and How They're Used

If you believe a unit is overcrowded or conditions are poor, you can submit an official complaint. Here's a helpful form:

• Massachusetts Board of Health Complaint Form
  When to Use: Use this form to report overcrowding, unsafe housing, or code violations to your city or town's Board of Health or Inspectional Services Department.
  How: Submit the form directly to the local Board of Health (find your local Board at Massachusetts Local Health Departments). For example, in Boston, use the Boston Inspectional Services Department to file online or by phone.

What If a Landlord Tries to Evict for Overcrowding?

If you receive an eviction notice because of alleged overcrowding, you have rights and options. Massachusetts law requires landlords to follow proper eviction procedures, even in cases of code violations.

• You must receive a legal written notice with a specific reason
• You have the right to a court hearing at the Massachusetts Housing Court
• You can present evidence or request reasonable accommodation if needed

Relevant Legislation and Enforcement Bodies

• Massachusetts General Laws, Chapter 186: Tenancy and Rents governs rental relationships and tenant protections^[2].
• The Massachusetts Housing Court is the main tribunal handling residential tenancy disputes.
• The Massachusetts Department of Public Health administers the State Sanitary Code.

FAQ: Massachusetts Occupancy Limits and Overcrowding

1. How many people can legally share a bedroom in Massachusetts?
   Each person needs at least 150 sq ft for the first person, plus 100 sq ft for each additional roommate. Exceeding this can violate the sanitary code.
2. Can I let a family member stay temporarily without breaking occupancy rules?
   Short visits are usually allowed, but long-term stays may count as additional occupants. Always check your lease and local rules.
3. What happens if my landlord says we are overcrowded?
   Your landlord can request you reduce occupancy and may involve local code enforcement. You should respond promptly and, if needed, seek assistance from your local Board of Health or Housing Court.
4. Can I add a roommate if it keeps us within occupancy limits?
   Yes, but always inform your landlord and update the lease. Be sure the unit remains within legal occupancy and space standards.
5. Where do I report overcrowding or unhealthy conditions?
   Use your local Board of Health's complaint form or contact your city's inspectional services department for help.

Key Takeaways for Massachusetts Renters

• Follow state and local occupancy limits for safe, legal housing.
• If you receive an overcrowding or eviction notice, act quickly and seek support.
• Official complaint forms are available at your city’s Board of Health or Inspectional Services office.

Understanding and following occupancy rules can protect you from fines, eviction, and unsafe conditions.

Need Help? Resources for Renters

• Massachusetts Housing Court: Handles tenant-landlord disputes and eviction cases
• Find Your Local Board of Health: Report code violations, overcrowding, and request inspections
• Mass Legal Help: Housing: Legal information and tenant advocacy
• Massachusetts Government: Renter Tenant Rights

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1. Massachusetts Department of Public Health. 105 CMR 410: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II)
2. Massachusetts Legislature. General Laws: Chapter 186 - Tenancy and Rents

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