Massachusetts maximum occupancy law. 4 Five or fewer persons receiving custodial care.

Massachusetts maximum occupancy law 000: Establishes minimum standards for housing to protect the health, safety, and well-being of occupants and the general public; provides enforcement procedures for boards of health to ensure compliance with 105 CMR 410. This number is especially important for businesses such as bars, restaurants and theaters. Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. These limitations are based on several factors, such as the size and type of rental unit, the number of bedrooms within the property, and, most importantly, local housing and safety codes. The City prohibits five or more people from living in the same apartment. OCCUPANCY Maximum number of persons per apartment: 2 persons per bedroom plus 1. 3 Massachusetts Licensed Care Facilities. 000; and facilitates the use of legal remedies available to occupants of substandard housing. Aug 15, 2024 · Learn about rental property maximum occupancy laws and how landlords can set safe and legal occupancy limits for 1 and 2-bedroom apartments. This may vary based on the size and configuration of your rental unit. 1 to employees of any state, its agencies or political subdivisions, and charitable organizations that are not exempt from state room occupancy taxes under federal laws are subject to the state and local room occupancy excise, as well as any applicable Feb 3, 2025 · Massachusetts law requires that landlords set occupancy limits depending on the type of property the landlord owns. Jun 27, 2025 · Apartment occupancy limits are rules dictating the maximum number of people who can legally reside in a rental unit. Unfortunately, most landlords become familiar with the lengthy code only after tenants or the local Board of Health cites them for code violations. 00 Chapter 26. 2 or an elevator complying with 780 CMR 1007. Only the fire department can give you a definitive number, and that Nov 24, 2018 · The city of Boston takes apartment overcrowding very seriously. 307. . Find out key laws every Massachusetts landlord and tenant needs to know Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. It includes determination of rent, determination of income, lease requirements, pet ownership in elderly/handicapped housing, and grievance procedures. The maximum travel distance from any accessible space to an area of refuge shall not exceed the travel distance permitted for the occupancy in accordance with 780 CMR 1006. So where do you draw the line between a legal occupancy requirement and illegal discrimination? It’s not always easy, but in general, the federal government says that it’s okay to limit occupancy to two people per bedroom. Oct 30, 2025 · The Massachusetts Sanitary Code is a list of rules and regulations for housing. 308. That's the largest number of people the local fire department will allow in the room at one time. 00 governs occupancy standards and tenant participation for state-aided housing. Apr 29, 2025 · This page, 780 CMR Tenth Edition, Chapter 3: Uses and Occupancy Classification Amendments, is offered by Division of Occupational Licensure Office of Public Safety and Inspections Board of Building Regulations and Standards This is a part of : Tenth edition of the MA State Building Code 780 + Jun 5, 2017 · When you are starting a business, one of the most important numbers is the maximum occupancy of the room you will use for your business. 1. Below are some common uses and their maximum occupant load based on the square footage of the spaces. While Fair Housing Laws generally permit occupancy restrictions prohibiting more than two people to occupy a bedroom, the law also says that the reasonableness of any occupancy restriction can be contested. 17. 730 CMR - MASSACHUSETTS TURNPIKE AUTHORITY 740 CMR - MASSACHUSETTS PORT AUTHORITY 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF 761 CMR - MASSACHUSETTS HOME MORTGAGE FINANCE AGENCY 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 802 CMR - OPERATIONAL SERVICES In double occupancy rooms, resident beds must be spaced at least six feet apart. What is the current hotel tax rate in Massachusetts? The current hotel tax rate in Massachusetts is 5. 111. May 8, 2024 · To make the right decisions on this front, you’ll need to gain some background insight into occupancy laws. This tax is imposed on the total amount paid for occupancy in any hotel, motel, lodging house, or short-term rental within the state. Energy storage systems not exceeding the maximum allowable quantities of 527 CMR 1. Nov 19, 2024 · Occupancy limits refer to the maximum number of tenants allowed to live in a rental property. 15A as added by 2019, 5, Sec. UpCodes offers a consolidated resource of construction and building code grouped by jurisdiction An occupancy load must be posted on signs, which are sometimes called maximum occupancy load signs so that this information is publicly available. Jun 21, 2025 · Living with roommates or sharing a rented space in Massachusetts can offer affordability and companionship, but it also comes with legal rules around how many people may live in a unit. Massachusetts Sober Homes Law In July 2014, Bill H. Let’s get started! A Table Of Contents For Federal Occupancy Standards What Are Occupancy Standards? Laws, regulations, cases, and web sources on landlord and tenant law in general. Both tenants and landlords must UpCodes offers a consolidated resource of construction and building code grouped by jurisdiction Mar 21, 2014 · The Massachusetts State Sanitary Code governs the minimal standards of fitness and conditions for human habitation of rental occupancy of property. USE AND OCCUPANCY CLASSIFICATION 780 CMR 301. Jun 21, 2025 · Understand reasonable occupancy standards for renters in Massachusetts under fair housing laws. California’s Department of Fair Employment and Housing (DFEH) has established a policy for regulating occupancy, which is known as the “two plus one” formula. Download a PDF copy of the regulation below. Most lower Jan 19, 2025 · Navigate Massachusetts rental laws with ease. 4 Five or fewer persons receiving custodial care. May 8, 2018 · This page, 780 CMR Chapter 3: Use and Occupancy, is offered by Office of Public Safety and Inspections This is a part of : Eighth edition of the MA State Building Code 780 + Jan 18, 2025 · Explore Massachusetts occupancy limits, focusing on criteria, compliance, legal aspects, and exceptions for informed property management. May 15, 2013 · Massachusetts Real Estate Law Blog Boston rental occupancy limits Breaking: SJC Rules Four-Person Student Apartment Not Illegal “Lodging House” by Rich Vetstein on May 15, 2013 in Housing Court, Landlord Tenant Law, Leasing, Massachusetts Real Estate Law, Permitting/Zoning, Rental Housing, Safety Apr 29, 2025 · Learn key landlord and tenant rights in Massachusetts, including rent, eviction, security deposits, repairs, and privacy rules. 5. (b) The floor area of each of the affected resident bedrooms shall not be less than 125 square feet for single occupancy rooms and 108 square feet per bed for double occupancy rooms. So, a two-bedroom apartment has a limit of five people in most cases. 00 shall control the classification of all buildings and structures as to use and occupancy. The purpose is to protect the health and safety of tenants and the general public. Certificate of Occupancy and Use inspections for Massachusetts licensed care facilities, including, inspection of special building features required by the licensing agency, shall be limited to verifying compliance with the provisions of 780 CMR. Understanding these rules can help you avoid conflicts with landlords, inspections, or potential UpCodes offers a consolidated resource of construction and building code grouped by jurisdiction Jun 20, 2025 · Code of Massachusetts Regulations 780 CMR - STATE BOARD OF BUILDING REGULATIONS AND STANDARDS Chapter CHAPTER 3 - USE AND OCCUPANCY CLASSIFICATION Universal Citation: 780 CMR MA Code of Regs CHAPTER 3 Current through Register 1550, June 20, 2025 Revise sections as follows. Maximum Occupant Loads Based on Use Unless your building has a valid Certificate of Occupancy with a maximum occupancy limit posted, the maximum occupancy of the building would be limited by Table 1004. Answering these 3 questions will help you know if someone discriminated against you. Group B laboratory suite occupancies complying with Section 428 a 527 CMR 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: ''Bed and breakfast establishment'', a private owner-occupied house where not less than 4 rooms are let, a breakfast is included in the rent 9. 7%. Learn your rights, state rules, and how to take action. Housing Discrimination Tenants’ Rights in Massachusetts Laws that protect you against discrimination are called fair housing laws. The tax rate may also vary for cities or towns if they have adopted a local option tax, allowing them to charge an additional tax on top of the state Sep 1, 2016 · Verify good standing with regard to local, state, and federal laws, regulations, and ordinances including maximum occupancy, fire safety and sanitation. The purpose of these regulations is to protect the health and safety of residents by preventing overcrowding. 1 Scope. Jul 6, 2024 · 760 CMR 6. 37. Massachusetts occupancy limits and overcrowding laws exist to keep homes safe and habitable for everyone. Overcrowding can strain a building’s infrastructure, such as plumbing and electrical systems, and increase fire safety risks. That is, every bedroom has a maximum occupancy of two individuals, and then you can add one more person after all the bedroom occupancies are totaled. 1 17. You are responsible for performing your own research and complying with all Massachusetts laws applicable to your unique situation. 9. Often students are finding themselves taken advantage of by landlords. Understand tenant rights, landlord duties, lease terms, and dispute resolutions for a smoother rental experience. The current Massachusetts Comprehensive Fire Safety Code is based on NFPA 1 - 2021 edition, with Massachusetts amendments. ] Section 1. 2. This overview of key landlord-tenant laws in Massachusetts will get you started. Mar 18, 2024 · Massachusetts rental laws and statutes are always subject to change and may vary by county or city. 3 days ago · Section 1: Definitions [Text of section effective as provided by 2018, 337, Sec. All residential housing must meet these codes. 1 Replace " higher education laboratories " with " laboratory suites ". Thus, a family of four could live in a two-bedroom apartment, but not in a one-bedroom apartment. 3. Apr 3, 2018 · State law in Californai does impose some limits on household size. Group B laboratory suite occupancies complying with Section 428 and 527 CMR 1. Every required area of refuge shall have direct access to an exit stairway complying with 780 CMR 1007. 0 GENERAL 301. Any business or other organization that has been operating as a “COVID-19 Essential Service” as of May 18, 2020 shall have until July 1, 2020 to comply with these occupancy limitations Businesses and other organizations may exceed this maximum occupancy level based on a demonstrated need for relief based on public health or public safety considerations or where strict compliance may Mar 28, 2025 · The general rule in California is called “2 plus 1”. Aug 6, 2021 · The transfer of occupancy of a room or rooms in any accommodation subject to 830 CMR 64G. Specifically, we will talk about what laws are in place and how those laws will affect your business. It’s a simple standard: two people can occupy each bedroom with one additional person in the living space. Jun 23, 2023 · 105 CMR 410. 304. The provisions of 780 CMR 3. Jun 4, 2025 · 1. To exceed occupancy load or fail to post-occupancy load signs in the required places can result in fines and is a serious safety hazard. 2 of the Massachusetts State Building Code. Many states with high populations, like New York, Florida, and Massachusetts, have similar 2 plus 1 rules. 1828 was passed into law mandating the monitoring and voluntary certification of MA Sober Homes. A starting point for learning about the minimum standards of fitness for human habitation in Massachusetts, aka the state sanitary code. Example: In general, maximum number of persons per apartment is 2 persons per bedroom plus 1. 00. You also need to adhere to certain landlord and tenant rights. nbqqe1 qi my8ee pjpg wjj 7hffwe0vg ozgvzwsm ooqb d4suaa 3mq