Boston, Mass., Mun. Code § 9-11.5 (2026) § 9-11.5
Protection from Rent Increases
Operative Text
Additional costs incurred by landlords in complying with the requirements of this Section and implementing security measures additional to those already provided or required in such developments shall not be passed on to elderly or handicapped tenants of elderly/handicapped multi-family housing developments unless the landlord has exhausted all reasonable alternatives to the passing on of such costs. In pursuing such alternatives, the landlord of an elderly/handicapped multi-family housing development shall use best efforts to seek and obtain such funding, grants or donations of funds, equipment or services, as may lessen or eliminate such additional costs. Such reasonable alternatives shall also include the seeking of relief from cost-prohibitive security measures as provided for under Subsection 9-11.4(B). The costs incurred in complying with the requirements of this Section and implementing security measures additional to those already provided or required may be considered to be reasonable or necessary operating or capital expenses in any application for additional subsidy or financing from the United States, the commonwealth or any authority created under the laws thereof, as well as under Chapter 34 of the Ordinances of 1984, as amended. (CBC 1985 9-11.5; Ord. 1989 c. 4 § 1 [504]) Editor’s note: Chapter 34 of the Ordinances of 1984 has been codified as Subsections 10-2.1 through 10-2.10 and 10-2.14 through 10-2.23.
Boston Municipal Code § 9-11.5 establishes a protection against rent increases for elderly and handicapped tenants living in qualifying multi-family housing developments. Under this rule, landlords may not pass along the costs of complying with security-related requirements to these tenants unless they have first exhausted all reasonable alternatives, including actively seeking grants, funding, or donated services to offset those costs. The provision also allows such compliance and security costs to be counted as legitimate operating or capital expenses when landlords apply for additional subsidies or financing from federal, state, or local authorities.
Plain English — not legal advice.
Operators of elderly/handicapped multi-family housing developments subject to Boston Municipal Code § 9-11.5 are generally expected to make documented, good-faith efforts to secure grants, donations, or other funding before considering any cost pass-through to tenants. Compliant operators also explore relief from cost-prohibitive security measures as outlined in Subsection 9-11.4(B) as part of exhausting reasonable alternatives. When applying for additional subsidies or financing—including under the provisions now codified at Subsections 10-2.1 through 10-2.10—operators can characterize qualifying security and compliance costs as reasonable operating or capital expenses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Elderly and handicapped tenants in qualifying multi-family housing developments have a specific protection under Boston Municipal Code § 9-11.5 against having security-related compliance costs passed on to them through rent increases unless the landlord has genuinely exhausted all reasonable alternatives. If a tenant believes a rent increase violates this provision, they may raise the landlord's failure to seek alternative funding as a potential defense or basis for a complaint. Tenant-rights organizations familiar with Boston housing law can help residents understand how this protection applies and what general 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 November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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