What Rights Do You Have?
If you live in a rooming house, your rights and responsibilities are different than tenants in other types of housing. But like all other tenants, you have the right to a safe, decent place to live and certain protections against eviction.
24. G.L. c. 184, §18; c. 186, §§14 and 15F; Serreze v. Y.W.C.A. of Western Massachusetts, Inc., 30 Mass. App. Ct. 639, (1991); Carr v. Friends of the Homeless, Inc., Hampden Housing Court, 89-LE-3492-S (Apr. 3, 1990); Eaton v. Plowshares, Inc., Northeast Housing Court, 92-CV-00141 (Aug. 18, 1992).
25. G.L. c. 239, §9, as amended by Chapter 452 of the Acts of 1986 (approved October 16, 1986). This statute permits judges to postpone evictions for up to a year for disabled or elder tenants and up to 6 months for all other tenants, if the eviction is not the tenant's fault. However, many judges give additional time even where the tenant is at fault under their "inherent" authority to decide cases. Note: The stay authorized by G.L. c. 239, §9 does not apply to roomers who have occupied their rooms less than 3 consecutive months.
26. G.L. c. 186, §14; G.L. c. §184 §18; G.L. c. 239.
27. G.L. c. 186, §§14 and 15F; c.184, §18; Serreze v. Y.W.C.A. of Western Massachusetts, Inc., 30 Mass. App. Ct. 639 (1991); Carr v. Friends of the Homeless, Inc., Hampden Housing Court, 89-LE-3492-S (Apr. 3, 1990); Eaton v. Plowshares, Inc., Northeast Housing Court, 92-CV-00141 (Aug. 18, 1992).
28. G.L. c. 186, §14; Chapter 284 of the Acts of 1977, Section 1 (approved 1977), amending G.L. c. 140, §12, to remove boarding houses and lodging houses from the language which had previously granted what has been traditionally known as the "innkeeper's lien"; and Chapter 284 of the Acts of 1977, Section 2 (approved 1977), repealing G.L. c. 255, §23. Note, however, that both the owner's lien and the criminal sanction against a tenant still exist for properties licensed as hotels, motels, and inns. Check with the city or town clerk to find out how your building is licensed.
29. G.L. c. 111, §127; 105 C.M.R. §410.001-950; G.L. c. 239, §2A; G.L. c. 186, §18.
30. G.L. c. 239, §2 A; G.L. c. 186, §18. The retaliatory eviction defense is available to all roomers regardless of length of occupancy. This conclusion is based on the retaliation statute being "remedial" in nature, so as to protect individuals who exercise their rights, which include a tenant's First Amendment right to petition for redress of a wrong. See Edward v. Habib, 397 F.2d 687 (1968), cert. denied, 393 U.S. 1016 (1969); Hosey v. Club Van Cortlandt, 299 F. Supp. 501 (S.D.N.Y. 1969).
31. G.L. c. 111, §127L.
32. G.L. c. 111, §127L.
34. A Consent Decree is in effect from the case of Sang Vo v. City of Boston, 2005 WL 3627054 (D. Mass., Jan. 24, 2005), which requires, in Boston, that the City obtain a signed, court-approved consent form from the occupant in order for a city official to enter private dwelling space. See also South Boston Elderly Residence, Inc. v. Moynahan, 94 Mass App. Ct. 455 (2017).
35. South Middlesex Opportunity Council, Inc. (SMOC) v. Goldman, Western Housing Court, 12-SP-1899 (Fields, J. September 20, 2012).
36. G.L. c. 186, §17. While residents of fraternity houses and dormitories in educational institutions are defined as "lodgers" under G.L. c. 140, §22, such residents do not automatically become tenants at will after 3 months. Any person living in a fraternity house or dormitory is, however, entitled to a 7-day written notice prior to eviction.
37. G.L. c. 239, §8A.
38. G.L. c. 111, §127L.
39. G.L. c. 186, §§12 and 17. Note: If you are committing a nuisance, causing damage, or interfering with the safety of the owner or other tenants, the owner may use a 7-day notice to terminate your tenancy. See G.L. c. 186, §17.
40. G.L. c. 186, §17.
41. Under both the repair and deduct statute, G.L. c. 111, §127L, and the retaliatory eviction statute, G.L. c. 186, §18, "tenants of residential premises" are covered. Both statutes were enacted to promote the enforcement of the state Sanitary Code in residential housing: the retaliatory eviction statute, by barring eviction of the tenant who reports violations; and the repair and deduct statute, by allowing tenants to fix violations themselves. Although rooming houses are clearly "residential premises," it is unclear whether the word "tenant" applies to a lodger of less than 3 months.
Because the word "tenant" has different meanings in different contexts, there is a good argument that these statutes apply to all rooming house occupants. For example, in Brown v. Guerrier, 390 Mass. 631 (1983), the Court held that tenants at sufferance are tenants for purposes of G.L. c. 111, §127H (authorizing petitions to enforce the state Sanitary Code). Similarly, in Hodge v. Klug, 33 Mass. App. Ct. 746, 754-55 (1992), the Court held that the protections of G.L. c. 239, §8A, apply for "tenants at sufferance." Both courts relied upon public policy considerations to reach these results.
The Boston Housing Court has suggested that retaliation laws apply to boarding house occupants of less than 3 months. In Koen & Nash v. Onnessimo, Boston Housing Court, 19673 and 19674 (Daher, C.J., Oct. 30, 1985), the Court said: "If the Defendant [owner] threw out the Plaintiffs [the boarding house occupants of less than 3 months] because they complained of code violations, this Court would rule that an act of retaliation and would itself confer a tenancy upon the Plaintiffs."
42. G.L. c. 186, §17.
43. G.L. c. 239, §8A, ¶2.
44. G.L. c. 239, §9 as amended by Chapter 452 of the Acts of 1986 (approved Oct. 16, 1986); see endnote 25.
45. G.L. c. 111 § 127L.
46. G.L. c. 239, §8A.
47. G.L. c. 186, §17.
48. G.L. c. 239, §9, as amended by Chapter 452 of the Acts of 1986 (approved 16, 1986). But see endnote 25.
49. If you live in a rooming house with a written tenancy agreement, the agreement may contain a list of reasons for eviction and information about required notices. This may mean you can only be evicted for one of the reasons in the agreement and the notice to quit must be legally sufficient. Community Action for Better Housing v. Mathews, Southeast Housing Court, 08-SP-3069, (Chaplin, J., May 12, 2009) (Court dismissed eviction case because the notice to quit did not containg language required by the lease).
50. Be sure to check for any local ordinances giving more protection. See Chapter 17: Condominium Control. For example, in the City of Boston, elderly/disabled residents are entitled to 5 years' notice in the event of condominium conversion.