Massachusetts Rules for Agricultural Worker Housing

If you are an agricultural worker renting housing in Massachusetts, it's essential to know your rights. Specialized housing regulations for farmworkers help ensure that living spaces are safe, sanitary, and fit for occupancy. This guide provides renter-focused information, explains regulations in plain language, and connects you to official resources if you need help.

Understanding Agricultural Worker Housing in Massachusetts

Agricultural worker housing in Massachusetts is regulated for safety, sanitation, and fair treatment. State law recognizes that workers living on farms or in employer-provided housing may face unique situations, so special rules apply.

• Most farmworker housing is covered by the Massachusetts State Sanitary Code (105 CMR 410) and may need certification from local Boards of Health.
• Employers providing seasonal housing must comply with specific rules on occupancy, cleanliness, ventilation, and fire safety.
• Inspection and licensing requirements apply before tenants move in.

As an agricultural worker, understanding these rules helps you ensure your home is legal and safe.

Key Regulations and Your Rights as a Renter

Basic Standards for Agricultural Worker Housing

• Sanitation and Safety: State law sets minimum standards for clean water, toilets, waste disposal, heating, lighting, and insect-proofing.
• Occupancy Limits: There must be enough space per person (at least 50 square feet of sleeping space per occupant).
• Licensing and Inspection: Housing must be inspected and certified by the local Board of Health before occupancy.

The Massachusetts State Sanitary Code: Minimum Standards of Fitness for Human Habitation is the main law that protects renters in agricultural and farmworker housing.^[1]

What Forms Might Be Involved?

• Application for Permit to Operate Farm Labor Housing (State form)
  When used: The property owner or employer must submit this form to the local Board of Health before using a property as agricultural worker housing.
  Practical example: If your employer plans to house several workers on-site, they must get this permit and pass inspection before you move in.
  Official application details from the Department of Public Health
• Housing Complaint Form (Local Board of Health)
  When used: If you have a complaint about unsafe or unsanitary conditions, this form is used to request an inspection.
  Practical example: If your living area lacks heat or working toilets, you can submit this form to your city or town health office.
  File a housing code complaint (official portal)

Who Oversees Agricultural Worker Housing Issues?

• The main agency for agricultural worker housing disputes is your local Massachusetts Board of Health, which enforces Sanitary Code rules and accepts complaints.
• Rental disputes such as eviction or unpaid rent may be handled by the Massachusetts Housing Court.

How to File a Complaint About Agricultural Worker Housing

If your housing is unsafe or unsanitary, you have the right to report the issue. The Board of Health is required to investigate complaints and act if violations are found.

• Fill out the appropriate Housing Complaint Form from your local Board of Health.
• Include detailed information about unsafe or substandard conditions.
• The Board must inspect the property, usually within 24-48 hours for serious complaints.
• If violations are found, landlords must correct them within a set time frame.

Legal Protections Against Retaliation

Massachusetts law prohibits retaliation against renters for filing health and safety complaints. Your landlord or employer cannot evict you or raise your rent in response to a legitimate complaint.^[2]

Where to Find the Law

• Read the Massachusetts State Sanitary Code, Chapter II (105 CMR 410).
• For eviction or rental payment disputes, see the Massachusetts General Laws Chapter 186: Estates for Years and at Will.

1. Is my agricultural worker housing supposed to be inspected and certified?
   Yes, all farmworker housing in Massachusetts must be inspected and certified by the local Board of Health before workers move in. This ensures your living space meets state health and safety standards.
2. What can I do if my farmworker housing is unsafe or not being repaired?
   If you face unsafe conditions, file a report with your town or city Board of Health. They will inspect your housing and order necessary repairs. You’re protected from retaliation for reporting issues.
3. How many people are allowed to share a sleeping room in agricultural worker housing?
   Generally, there must be at least 50 square feet of sleeping space per person. Overcrowding is a violation of the State Sanitary Code and should be reported to the Board of Health.
4. Can my employer evict me from agricultural worker housing without notice?
   Even in employer-provided housing, proper notice and legal procedures are required. Contact your local Housing Court or legal aid if you receive an eviction notice.
5. Where do I get the permit form for agricultural housing?
   Your employer or landlord should apply for the permit with your local Board of Health. View permit application steps and details at the Department of Public Health website.

Key Takeaways

• Massachusetts law protects agricultural worker renters through strict housing standards and a complaint process.
• You have the right to safe, inspected housing and cannot be evicted for reporting violations.
• Use official forms and local Boards of Health to address any housing issues.

Need Help? Resources for Renters

• Massachusetts Department of Public Health – Oversees public health, including housing safety
• File a Housing Code Complaint – Step-by-step state instructions
• Massachusetts Housing Court – Handles rental disputes and eviction cases
• Agricultural Worker Housing Regulations & Permitting – Official forms and compliance advice

---

1. Massachusetts State Sanitary Code, Chapter II (105 CMR 410)
2. Massachusetts General Laws Chapter 186: Estates for Years and at Will

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations