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SD 2108

An Act creating an office of tenant protections

194th Legislature (2025-2026) Introduced by Adam Gómez

Creates an Office of Tenant Protections to jointly enforce state habitability standards with health agencies, including inspections, orders, fines, and hearings.

House concurred
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Bill Summary · SD 2108

Summary: Senate Bill 2108 – An Act creating an office of tenant protections

Overview

SB 2108 proposes creates an Office of Tenant Protections within the Executive Office of Housing and Livable Communities (EOHLC) in Massachusetts. The office would be charged with enforcing minimum standards of fitness for human habitation in residences, in coordination with the state Department of Public Health (DPH) and local boards of health. The bill establishes a director position appointed by the Secretary of Housing and Livable Communities, who would serve at the secretary’s pleasure.

Purpose and intent

  • To ensure enforceable, statewide protections for tenants by establishing a dedicated office focused on housing conditions and habitability.
  • To formalize enforcement authority over the minimum standards of fitness for human habitation and related Sanitary Code provisions, through collaboration with public health authorities and local boards.

Key provisions and changes

  • Establishment of an Office of Tenant Protections within the EOHLC.
  • Appointment: A director of the office to be appointed by the Secretary of Housing and Livable Communities and to serve at the secretary’s pleasure.
  • Enforcement scope:
    • Concurrent enforcement with the Commissioner of Public Health and local boards of health of the minimum standards of fitness for human habitation as defined by 105 CMR 410.000 (State Sanitary Code, Chapter II).
    • Authority to inspect residences as defined by 105 CMR 410.010.
    • Authority to issue and serve orders of noncompliance with the minimum standards.
    • Authority to hold hearings on the orders of noncompliance.
    • Authority to issue fines for violations of the State Sanitary Code (105 CMR 410.000) in accordance with 105 CMR 400.700.
    • Authority to enforce compliance with 940 CMR 3.17.
  • Appeals: Final decisions on noncompliance are subject to judicial appeal in the same manner as decisions by boards of health under 105 CMR 400.600.
  • Regulations: The office (EOHLC) is directed to promulgate regulations or guidance to implement the section.

Who would be affected

  • Tenants and residents living in housing units across Massachusetts.
  • Property owners, landlords, and managers responsible for housing conditions.
  • Local boards of health and the Department of Public Health, due to shared enforcement authority.
  • The general housing market, as it may impact compliance costs, inspections, and enforcement actions.

Implementation and timeline

  • Introduced: February 27, 2025.
  • Legislative actions: Referred to the Committee on Housing, and House concurrence noted on February 27, 2025.
  • Status: House concurred; as of the listed actions, the bill has progressed through the House with concurrent provisions, with anticipated steps likely including final readings, potential gubernatorial action, and potential enactment into law if signed.

Notes

  • The bill explicitly inserts Section 31 into Chapter 23B of the General Laws (as appearing in the 2022 Official Edition).
  • This reform centers on codifying an enforcement-based approach to housing habitability standards, leveraging existing State Sanitary Code provisions and related regulatory frameworks.

Compiled from official sources — confirm details with the bill’s official record.

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