Cal. Civ. Code § 410.003
General Provisions
Operative Text
(A) No owner shall allow a person to occupy, offer to rent, or occupy as owner-occupant any
residence which does not comply with the requirements of 105 CMR 410.000.
(B) Unless otherwise specified in 105 CMR 410.000, the owner is responsible for providing all
maintenance, repairs, and equipment necessary to achieve compliance with 105 CMR 410.000.
(C) No owner or occupant shall cause any service, facility, equipment, or utility which is
required to be made available by 105 CMR 410.000, or any optional service, facility, equipment,
or utility provided by the owner, to be removed from or shut off from any occupied residence
except for such temporary period as may be necessary during actual repairs or alterations and
where reasonable notice of curtailment of service is given to the occupant, or during temporary
emergencies when curtailment of service is approved by the board of health. If any such service,
facility, equipment, or utility becomes curtailed, the responsible party shall take immediate steps
to cause its restoration. (See M.G.L. c. 186, § 14.)
(D) An owner may only remove owner-installed optional equipment when a unit has been
vacated or prior to a new tenancy.
(E) Every occupant of a residence, upon reasonable notice and if possible by appointment, shall
give the owner thereof, or the owner's representative, access to the residence for the purpose of
effecting compliance with the provisions of 105 CMR 410.000. Access shall be at a reasonable
time and shall include, but not be limited to, any cooperation required for repairs, alterations,
pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the
occupant, except for emergency repairs for which no notice is required.
(F) Every occupant of a residence shall maintain the residence in a sanitary condition.Section 410.003 of 105 CMR 410.000 establishes the foundational responsibilities shared between owners and occupants of residential properties in Massachusetts. Owners are prohibited from renting or allowing occupancy of any residence that fails to meet the code's minimum standards, and they bear primary responsibility for maintenance, repairs, and equipment needed to achieve compliance. Neither owners nor occupants may cut off required or voluntarily provided services—such as heat or utilities—except during actual repairs with reasonable notice, or during emergencies approved by the local board of health, and any curtailment must be remedied immediately. Occupants, in turn, must keep their residence sanitary and allow access for compliance-related work with at least 48 hours' notice, except in emergencies.
Plain English — not legal advice.
Under § 410.003 of 105 CMR 410.000, compliant property owners generally ensure that every unit they offer or rent meets the code's minimum habitability standards before occupancy begins. Operators maintain responsibility for all repairs and equipment necessary for compliance, and they avoid interrupting required services—such as heat, water, or utilities—except during actual repair work accompanied by reasonable advance notice to occupants, or during board-of-health-approved emergencies. When removing optional equipment that the owner originally installed, § 410.003(D) limits that action to periods when the unit is vacant or before a new tenancy commences, and owners provide at least 48 hours' notice before entering for non-emergency compliance work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.003 of 105 CMR 410.000 gives occupants the right to live in a residence that meets Massachusetts minimum housing standards, with the owner bearing primary responsibility for maintenance and repairs. Tenants are protected against unlawful shutoffs of required or owner-provided services; if a service is curtailed without proper justification, the responsible party must take immediate steps to restore it, and tenants may reference M.G.L. c. 186, § 14 as a related avenue of protection. Tenants who believe an owner has violated § 410.003—for example, by failing to restore a service or entering without the required 48-hour notice—may consider filing a complaint with their local board of health or consulting a tenant-rights organization to understand available remedies.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.