Brockton Code of Ordinances ch. 4, art. II § 4-20
Definitions
Operative Text
As used in this article the term "article II of the state sanitary code" or "state sanitary code, article II," shall refer to the state sanitary code, article II, "Minimum Standards of Fitness for Human Habitation," adopted by the Massachusetts Department of Public Health pursuant to General Laws, Chapter 111. The terms used in this article shall have the meanings ascribed to them in article II of the state sanitary code. The terms "dwelling unit," "apartment" or "tenement" shall be synonymous throughout this article. The term "rental unit" shall be defined to mean a non-owner occupied room or group of related rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating. A rental unit shall also mean a non-owner occupied condominium unit, apartment or single family dwelling. Dwelling units that have current Lodging House Licenses issued by the Licensing Board for the City of Brockton shall not be considered as rental units for the purposes of this section, and will continue to be annually licensed and inspected pursuant to M.G.L 140 sections 22 and 25. The term "authorized inspector" shall be defined to mean any PHD inspector or any other person who (i) is a Commonwealth of Massachusetts Registered Sanitarian or a Commonwealth of Massachusetts Certified Health Officer or a Commonwealth of Massachusetts Certified Home Inspector, or has proof of training acceptable to PHD, and (ii) has demonstrated a proficiency in the application of the State Sanitary Code by satisfactorily completing the PHD certificate program for qualifying authorized professionals to perform inspections under section 4-23 , and has been issued a certificate of completion. The term "commissioner" shall be defined to mean the commissioner of the department of health and human services or a designee. The term "days" shall be defined to mean consecutive calendar days. The term "owner" shall be defined to mean a for profit or not for profit individual, trust or entity, an agent of a for profit or not for profit individual, trust or entity, or any person having legal charge of or authority over a private dwelling, tenement, lodging house, or other residential rental property dedicated to residential use. The term "problem property" as defined by section 4-40.2 , as it may be adopted and amended from time to time, a problem property is a property that meets the following criteria and is designated as such following recommendation by the problem properties task force: (1) The police department has been called to the property not fewer than four (4) times within the preceding twelve (12) month period for any incident involving any arrestable offense including but not limited to disturbing the peace, trespassing, underage drinking or assault; or (2) the public health division of the department of health and human services has received not fewer than four (4) sustained complaints within the preceding twelve (12) month period for noxious, noisome or unsanitary conditions; (3) the fire prevention bureau has received not fewer than four (4) sustained complaints within the preceding twelve (12) month period for unsafe or hazardous conditions.
Brockton Code of Ordinances ch. 4, art. II § 4-20 establishes the vocabulary used throughout Brockton's local housing article by tying key terms to Massachusetts State Sanitary Code Article II and adding locally specific definitions. Notably, it distinguishes a 'rental unit'—a non-owner-occupied space used for residential living—from licensed lodging houses, which are regulated separately. It also defines who qualifies as an 'authorized inspector,' what constitutes an 'owner,' and what threshold of repeated police, health, or fire complaints can cause a property to be designated a 'problem property.'
Plain English — not legal advice.
Property owners and managers operating in Brockton should be aware that the definitions set out in Brockton Code of Ordinances ch. 4, art. II § 4-20 govern how the rest of the local housing article applies to their properties. A compliant operator generally understands whether their property qualifies as a 'rental unit' under this section—particularly if it holds a current Lodging House License, which places it under a separate licensing and inspection regime. Operators also typically track the thresholds that can trigger a 'problem property' designation, such as repeated sustained complaints to the public health division or calls to the police department within a twelve-month period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Brockton benefit from knowing that the definitions in Brockton Code of Ordinances ch. 4, art. II § 4-20 shape what protections and standards apply to their home under the local housing article. If a tenant believes their unit qualifies as a 'rental unit' under this section, they may have access to inspection and enforcement mechanisms described elsewhere in the article, including the ability to raise code violations as a defense in certain proceedings. Tenants seeking to understand how these definitions affect their situation can consult Brockton's Public Health Division or a local tenant-rights organization for general guidance.
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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