Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)

Citation: Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Parent Document: Boston Housing Authority v. Hemingway, 293 N.E.2d 831 (1973)
Jurisdiction: Massachusetts (state)
Effective Date: 1973-03-05
Original Source: https://www.courtlistener.com/opinion/2000597/boston-housing-authority-v-hemingway/ ↗

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Since 1960 dwelling units have been subject to the State Sanitary Code adopted by the Massachusetts Department of Public Health under authority delegated to it by the Legislature (G.L.c. 111, § 5, later repealed, and § 127A). The Code, which has the force of law and applies throughout the Commonwealth, fixes minimum *208 standards of fitness of structures for human habitation. It does so in great detail and to an extent never before incorporated in any statute. It expressly provides that "[n]o person shall ... let to another for occupancy any dwelling, dwelling unit, or rooming unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply" with its provisions, and further provides a criminal penalty for violation of its provisions. It expressly places the burden on the owner to comply with the prescribed minimum physical standards for rented dwelling units. The Code is not solely penal in nature. By G.L.c. 111, § 127C, as amended by St. 1969, c. 242, and § 127H, as amended by St. 1972, c. 201, a tenant may file a petition in the District or Superior Court to enforce compliance with the Code by the landlord; and by § 127K, inserted by St. 1968, c. 404, § 2, any agreement by the tenant to waive that right is declared to be against public policy and void. Both the enabling statute (G.L.c. 111, § 127A) and the Code (Art. I, Reg. 2.1) recognize the authority of municipalities to adopt local regulations containing requirements stricter than those contained in the Code. No such local regulations are involved in the cases before us.

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