Secondhand Smoke Complaint Rights for Massachusetts Renters

Secondhand smoke is a common concern for Massachusetts renters who want to maintain a healthy living environment. Whether the smoke comes from neighboring units or shared areas, understanding your rights and how to address complaints can help you ensure your home is safe and comfortable. This guide explains how the law protects Massachusetts renters and outlines practical steps to handle secondhand smoke problems.

Understanding Secondhand Smoke Regulations in Massachusetts Rentals

Massachusetts does not have a statewide law banning smoking in private residences. However, landlords and property managers may establish no-smoking policies for their rental properties. Cities such as Boston and Cambridge have their own ordinances, and federally subsidized housing must be smoke-free. Under Massachusetts General Laws Chapter 186 – Landlord and Tenant, you have the right to live in a habitable residence free from conditions that threaten health or safety.^[1]

What Is a Habitability Violation?

State law requires landlords to keep rental units in a condition fit for living, including addressing health and safety issues like secondhand smoke intrusion that can affect air quality. If secondhand smoke makes your apartment unfit or unsafe, you may have grounds to request repairs or policy changes.

Your Rights as a Renter: Filing a Secondhand Smoke Complaint

Renters have several options when addressing secondhand smoke:

• Requesting that your landlord address smoke entering your unit
• Contacting your local Board of Health if secondhand smoke creates a health nuisance
• Filing a formal complaint using official forms

Massachusetts law protects tenants who report conditions that affect habitability. Retaliation for good-faith complaints is prohibited under Chapter 186, Section 18 of the Massachusetts General Laws.^[2]

Official Forms for Secondhand Smoke Complaints

• Sanitary Code Complaint Form: Used to report housing code violations, including secondhand smoke, to your local Board of Health.
  Example: If your neighbor’s smoke seeps into your unit and your landlord does not act, fill out the Sanitary Code Complaint Letter and send it to your Board of Health, keeping a copy for yourself. The Board may then inspect your apartment and order your landlord to remedy the issue.
• Request for Reasonable Accommodation Form (for federally subsidized housing): Tenants with a disability aggravated by secondhand smoke can use this form to request a policy change or unit transfer. Details and guidance are available from MassHousing and local housing authorities.

Where to File a Claim or Seek Enforcement

In Massachusetts, rental disputes may be handled by your local Board of Health for code complaints, or through the Housing Court Department of the Massachusetts Trial Court for legal proceedings related to tenancy issues.

Step-by-Step: How to Make a Secondhand Smoke Complaint

• Notify your landlord in writing about the problem and ask for remediation.
• If there’s no resolution, fill out and submit a Sanitary Code Complaint Form to your Board of Health.
• Allow the Board to inspect the premises. If a violation is found, your landlord will be ordered to address it.
• If conditions persist, you may seek action in Housing Court.

This process ensures your health and rights as a tenant are upheld under Massachusetts General Laws Chapter 186.^[1]

Frequently Asked Questions

1. Can my landlord ban smoking in my apartment building?
   Yes, landlords in Massachusetts may establish no-smoking policies for their properties, provided they notify tenants and update the lease accordingly.
2. What should I do if my landlord ignores my complaint about secondhand smoke?
   Document the problem and communications, then file a Sanitary Code Complaint with your local Board of Health.
3. Is secondhand smoke considered a breach of the warranty of habitability?
   If the smoke makes your unit unhealthy or unfit for living, it may be a violation. Local Boards of Health can inspect and issue orders if necessary.
4. Can I break my lease because of chronic secondhand smoke issues?
   You may have grounds to break a lease if habitability is compromised and the issue is not remedied after proper complaints and inspections.
5. Which Massachusetts tribunal handles formal rental disputes?
   The Housing Court Department of the Massachusetts Trial Court oversees landlord–tenant legal matters, including persistent habitability or health disputes.

Conclusion: Key Takeaways for Massachusetts Renters

• You have the right to a habitable, safe, and healthy home under Massachusetts law.
• If secondhand smoke affects your living conditions, document the issue and communicate formally with your landlord first.
• Use the Sanitary Code Complaint process and seek assistance from your local Board of Health or Housing Court if the problem persists.

Ensuring a smoke-free and healthy home starts with knowing your rights and following the correct procedures to protect yourself and your household.

Need Help? Resources for Renters

• Directory of Local Boards of Health – File complaints or request inspections.
• Housing Court Department of the Massachusetts Trial Court – For landlord–tenant legal disputes.
• MassHousing – Guidance and advocacy for renters, including those with health concerns or disabilities.
• Massachusetts State Sanitary Code Guide – Full legal text and tenant protections.

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1. Massachusetts General Laws Chapter 186 – Landlord and Tenant
2. Chapter 186, Section 18 – Retaliation Prohibited

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