Special Housing Conditions for Rooming Houses
The requirements of the state Sanitary Code generally apply to rooming houses just as they apply to apartments. For example, in a rooming house—just as in an apartment—the owner is responsible for providing heat and hot water, exterminating, and making repairs.15 For more information about what the state Sanitary Code requires, see Housing Code Checklist (Booklet 2).
There are 3 situations where the state Sanitary Code has different requirements for rooming houses. They involve cooking, bathrooms, and floor space.
15. South Middlesex Opportunity Council, Inc. v. Brown, Western Housing Court, 13-CV-938 (Fields, J., June 26, 2014) .
16. G.L. c. 140, §22A.
17. G.L. c. 140, §22A. "[A] lodging house where lodgings are let to more than five but less than twenty persons may furnish individual cooking facilities for the preparation, serving, eating and storage of food; provided that no such facility shall be furnished in a room having an area of less than one hundred fifty square feet." Note that where a unit consists of 2 adjoining rooms, where cooking facilities are provided, a gas or electric range (as opposed to a hot plate for a single room), sink with hot and cold running water, and storage area for food must be included in addition to a refrigerator.
18. G.L. c. 140, §22A.
19. G.L. c. 140, §22B.
20. 105 C.M.R. §§410.110(D), 410.110 (E); Bowditch LLC v. Fondakowski, Western Housing Court, 12-SP-3465, (Fields, J., March 14, 2013) (discussing owner obligation and liability for failure to keep facilities clean).
21. G.L. c. 140, §22A. "[A] lodging house where lodgings are let to more than five but less than twenty persons may furnish individual cooking facilities for the preparation, serving, eating and storage of food; provided that no such facility shall be furnished in a room having an area of less than one hundred fifty square feet." Note that where a unit consists of 2 adjoining rooms, where cooking facilities are provided, a gas or electric range (as opposed to a hot plate for a single room), sink with hot and cold running water, and storage area for food must be included in addition to a refrigerator.
22. In 2023, 410.420(D)(2) was amended and eliminated language that a rooming unit could not be used for cooking. A comment in the tracked version of the 2023 amendments stated that the amendment was “to clarify that rooming units may include some cooking facilities.” In addition, 410.420(D)(4) provides that: “In every residence, each room used for sleeping by more than one occupant shall contain at least 50 square feet of floor space for each occupant.” Under 410.010 the definition of “residence” includes a “rooming house.” This would mean that the square footage in a rooming unit for two people would be 100 feet, the same as for one person. We have sought clarification from the Department of Public Health on both of these issues.