Recently concerns over broker conduct in renting apartments to an impermissible number of unrelated individuals were directed to the Board.

Public health and safety concerns related to the over-crowding of residences have resulted in a number of legal restrictions that brokers should be aware of when leasing apartments.



The Board advises that real estate brokers and salesmen become familiar with the following laws concerning rentals to unrelated individuals. These provisions are Massachusetts General Laws chapter 140, section 22, 105 Code of Massachusetts Regulations 410 (the State Sanitary Code), 780 Code of Massachusetts 310 (the State Building Code) and the local Boston zoning code, cited as Article 2, Section 2-1(19) and Article 2A - Definition of Family, Boston Zoning Code.



The Board suggests that you obtain copies of the above-cited statutory and regulatory provisions for a more comprehensive understanding of Boston's occupancy restrictions and building restrictions.



You can access the state statutes on the Internet at www.state.ma.us/legis . You can also contact the Regulation's Division of the Massachusetts Secretary of State at (617) 727-2831 for copies of the regulatory codes. Questions regarding the Boston Zoning Code concerning maximum apartment occupancy should be directed to the City of Boston, Division of Inspectional Services at (617) 635-5322. You can access the zoning code on line at www.ci.boston.ma.us/bra.

If you have questions in particular rental situations you may want to consult with the City and State authorities noted herein and seek legal advice. The Board thanks you for your attention to this matter.