Operative Text
(A) Notwithstanding the provisions of any lease or rental agreement to the contrary, no owner of a controlled or decontrolled housing accommodation subject to the jurisdiction of the Board may, as a condition of tenancy or otherwise, prohibit or prevent any elderly or handicapped tenant from owning common household pets or having such pets living in the tenant’s unit. Furthermore, no owner of a controlled or decontrolled housing accommodation shall have the right to restrict or discriminate against any elderly or handicapped tenant in connection with admission to, or continued occupancy of, such housing by reason of the tenant’s ownership of common household pets or the presence of such pets in that tenant’s unit. The owner of such housing accommodations shall have the right to promulgate reasonable requirements regarding the number of common household pets allowed in each unit, standards of pet care, licensing, inoculation and leash laws, similar to those developed by the commonwealth’s Society for the Prevention of Cruelty to Animals, and consistent with commonwealth and local laws on animal control, such as M.G.L. Chapter 140, Sections 136A--174F. Nothing in this provision shall bar the owner from requiring the removal of any pet if the pet’s conduct or condition is determined to constitute a nuisance or a threat to the health or safety of other occupants of the building, structure or development of other persons in the community where the housing accommodation is located. (B) Notwithstanding the exemptions found in Subsection 10-2.1, the definition of “housing accommodation”, all housing accommodations in mobile homes, in mobile home parks and in structures having three or more dwellings, excluding motels, hotels or inns, and excluding housing accommodations in structures having three dwelling units, one of which is occupied by all the legal and beneficial owners of the structure as their principal residence, shall be subject to the provisions of this Subsection. (CBC 1985 10-2.9A; Ord. 1988 c. 13 §§ 1, 2) Penalty, see Subsection 10-2.17
Boston Municipal Code ch. 10-2 § 10-2.9A bars owners of covered housing accommodations from prohibiting or restricting elderly or handicapped tenants from keeping common household pets, regardless of what a lease may say. Owners retain the ability to set reasonable rules around the number of pets, care standards, licensing, and inoculation, and may require removal of a pet that poses a nuisance or health and safety threat. The provision applies broadly to mobile homes, mobile home parks, and structures with three or more dwellings, with limited exceptions for owner-occupied three-unit buildings and transient lodging.
Plain English — not legal advice.
Under Boston Municipal Code ch. 10-2 § 10-2.9A, compliant housing operators generally maintain written pet policies that address reasonable limits on pet numbers, care standards, licensing, and inoculation requirements rather than blanket prohibitions targeting elderly or handicapped residents. Operators document any nuisance or health-and-safety concerns before pursuing pet removal, keeping records that reflect the specific conduct or condition at issue rather than the tenant's protected status. Violations of this provision are subject to penalties under Subsection 10-2.17, so operators typically review lease language and house rules to ensure they do not conflict with the protections this section affords.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Boston Municipal Code ch. 10-2 § 10-2.9A gives elderly and handicapped tenants in covered Boston housing the right to own and keep common household pets even if a lease contains a no-pet clause, and prohibits owners from using pet ownership as a basis for denying admission or continued occupancy. If an owner attempts to enforce a blanket pet ban or takes adverse action against an elderly or handicapped tenant because of a pet, that tenant may have grounds to raise the provision as a defense or file a complaint with the Boston Rent Equity Board. Tenant-rights organizations and legal aid resources in Boston can help individuals understand how § 10-2.9A applies to their housing situation and what enforcement paths may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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