Massachusetts Renters: Your Rights When Elevators Break Down

Living in a Massachusetts high-rise offers convenience, but an elevator outage can create major challenges—especially for renters with disabilities or mobility issues. Understanding your rights and the legal obligations of your landlord can help you take action and protect your access to your home.

Understanding Elevator Outages and Landlord Responsibilities

In Massachusetts, landlords are required by both state and federal law to maintain essential services, including keeping elevators in safe and working condition. An elevator is considered an essential service in any building higher than three floors, or where residents depend on it for mobility.

• State Sanitary Code (105 CMR 410.351): Requires landlords to ensure elevators are safe and operational.
• Massachusetts General Laws c.111, s.127A sets health and safety requirements for residential buildings—including elevator maintenance.
• The Massachusetts Fair Housing Law and the Americans with Disabilities Act (ADA) protect people with disabilities from discrimination and require landlords to provide reasonable accommodations.

If the elevator breaks down, your landlord should arrange for prompt repairs and may need to provide reasonable alternatives or accommodations, especially if you or a household member cannot use the stairs due to a disability.

Your Rights as a Renter During Elevator Outages

As a renter, you have the right to:

• Enjoy "quiet enjoyment" of your rental unit, including safe access.
• Request reasonable accommodations if you are a person with a disability.
• Report violations to your local Board of Health if the elevator outage is not addressed promptly.
• Ask for repairs within a "reasonable time" (usually 24-72 hours for essential services).

If a landlord fails to restore elevator service or offer accommodations, you may be entitled to withhold a portion of your rent, seek repairs independently and deduct costs, or file a complaint.

Reasonable Accommodations for People with Disabilities

Under the Massachusetts Fair Housing Law and the ADA, tenants with disabilities can request alternative accommodations until the elevator is fixed. This could mean temporary relocation to a different unit, help with groceries or laundry, or even a rent reduction.

What Steps Can You Take If the Elevator Is Out?

Here's how you can respond if your building's elevator is not working:

• Notify your landlord in writing about the outage immediately.
• Ask for a repair timeline and, if needed, request reasonable accommodations in writing.
• If repairs are delayed, contact your local Board of Health (find yours here).
• Document all communications and take photos (if safe and relevant).
• Consider formal action if the problem is not resolved, using official complaint forms.

Filing an Official Complaint or Taking Further Action

If your landlord does not restore service or provide accommodations, you may:

• File a complaint with the Massachusetts Commission Against Discrimination (MCAD) (Rental Housing Discrimination Complaint Form), especially if you have a disability.
• Contact the Massachusetts Housing Court if access is severely affected or disputes escalate.
• Call your local Board of Health to inspect your building and order repairs.

Form Highlight:

• Rental Housing Discrimination Complaint Form (MCAD): Use this form to report discrimination due to disability or unmet accommodation needs. Download it here. Submit by email, mail or in person to MCAD. Example: A renter with limited mobility who is trapped in their apartment due to a broken elevator and denied alternate access could file this form.

Relevant Tribunal: Massachusetts Housing Court

The Massachusetts Housing Court resolves disputes between landlords and tenants, including issues of access, repairs, and health code violations.

For a full list of tenant rights and housing regulations, visit the official Massachusetts landlord-tenant law page.

Frequently Asked Questions

1. Can I withhold rent if my building's elevator is out in Massachusetts?
   You may withhold rent if your landlord fails to restore essential services like elevator access, but you must notify them in writing and let them attempt repairs first. It's wise to consult an attorney or contact the Housing Court before withholding rent.
2. What if I have a disability and can't access my apartment?
   You have the right to request reasonable accommodations, such as temporary relocation or assistance, under state and federal law. If the landlord denies your request, file a complaint with MCAD and contact the Housing Court or Board of Health.
3. How long does a landlord have to fix a broken elevator?
   Repairs to essential services must be completed in a "reasonable time," typically 24-72 hours, depending on severity and local health code requirements.
4. Is elevator repair considered an emergency in Massachusetts rentals?
   Yes. Loss of elevator access is considered an emergency in high-rises, especially for residents with disabilities or those on upper floors.
5. Which official board handles elevator outage disputes?
   The Massachusetts Housing Court adjudicates disputes between renters and landlords, including elevator issues.

Conclusion: Key Takeaways for Renters

• Massachusetts law requires landlords to maintain elevator access; outages must be addressed quickly.
• If you're unable to access your apartment, especially due to a disability, you have a right to reasonable accommodations.
• Use official complaint forms or local authorities if issues are not resolved; help is available via the Housing Court and MCAD.

Document all communication, act promptly, and reach out for support if your access or safety is compromised.

Need Help? Resources for Renters

• Massachusetts Housing Court – dispute resolution, information, and filings
• MCAD Housing Discrimination Complaint Form – for disability-related complaints
• Local Board of Health Directory – report code violations, request inspections
• Massachusetts Law About Housing – official tenant rights and landlord obligations
• Landlord and Tenant Law Guide

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1. Massachusetts General Laws c.111, s.127A: Health and safety requirements
2. Massachusetts State Sanitary Code 105 CMR 410.351: Elevator maintenance regulation
3. Massachusetts Fair Housing Law: Anti-discrimination in housing
4. Americans with Disabilities Act (ADA): Federal accessibility law

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