Minimum heat requirements
Workplace
MGL c. 149, § 5 Investigations of industrial conditions; complaints; prosecutions
The Attorney General receives complaints for violations of workplace conditions and may investigate and prosecute them.
MGL c. 149, § 113 Light, ventilation, cleanliness, sanitation and heat in establishments
Listed workplaces "shall be properly heated during the period from October fifteenth to May fifteenth."
Web sources
Minimum heating guidelines, Mass. Department of Labor Standards.
Outlines the minimum temperatures required in various types of workplaces.
Residential
MGL c. 186, § 14 Wrongful acts of landlord; premises used for dwelling or residential purposes; utilities, services, quiet enjoyment; penalties; remedies; waiver
105 CMR 410 State Sanitary Code
- 410.160 Portable space heaters do not meet the requirement of the regulation and cannot be used
- 410.180 Requires temperatures of at least 64 degrees Fahrenheit at night and 68 degrees during the day from September 15 to May 31. Temperatures should not exceed 78 degrees. A Board of Health may alter the heating season to start September 30 and end May 15, so check the applicable municipality website for notice
- 410.620(B)(3) Right of occupant to have inspection due to complaint for lack of heat
- 410.630(A)(2) Failure to provide heat is a condition deemed to endanger health and safety
- 410.640 If a dwelling does not comply by providing heat, the local board of health (within 12 hours after an inspection) will order the owner to make a good faith effort to correct the violation within 24 hours
940 CMR 10.00 Manufactured housing community regulations
Section 10.03(3): Violations of local, state, or federal laws, regulations or ordinances governing landlord-tenant relations, with regard to manufactured housing, constitutes a violation of consumer protection laws (MGL c. 93A).
Web sources
The Attorney General’s guide to landlord and tenant rights
Minimum heat requirements are part of the state Sanitary Code. If a landlord does not respond to a tenant’s complaints about a Sanitary Code violation, the tenant may request a code enforcement officer or the local board of health inspect the apartment.
Options if your landlord refuses to make repairs, Massachusetts Law Reform Institute, 2019.
Explains your options if your landlord does not make repairs after proper notification in writing or after an order has been issued by your local board of health.
Utilities, Massachusetts Law Reform Institute, 2017.
Explains your rights in dealing with electric, gas, and water companies.
What are the Massachusetts heat laws?, MassLandlords.net, updated 2024.
A concise overview of a landlord’s responsibility for providing heat.
What to do when the heat goes off, A. Joseph Ross, 2016.
Information for tenants on what to do if you have an isolated problem or if your heat is chronically not working.
Print sources
Massachusetts landlord tenant law by George Warshaw, 2nd ed., Lexis, 2001 with supplement.
- Section 16:13 Landlord’s obligation to pay for utilities
- Section 16:20 G. L. c. 186, § 14
- Section 16:21 Wrongful transfer of utilities
Long Term Care Facilities
105 CMR 150.00 Standards for long-term care facilities
- 150.017(B)(14) Heating and air conditioning equipment (Note: This regulation applies to facilities built before March 19, 1968)
"Every facility shall be equipped with a heating system that is sufficient to maintain a minimum temperature of 75 degrees Fahrenheit throughout the facility at all times at winter temperatures." Portable room heaters are prohibited. - 150.700(A) Heating and air conditioning systems
Heating systems must maintain a minimum temperature of 75 degrees Fahrenheit at winter design temperatures.
Schools
603 CMR 18.04(7) Rooms occupied by students shall be maintained at not less than 68 degrees.
Substance Abuse Treatment Facilities
105 CMR 164.103(B) and 404(B) Facilities must comply with the State Sanitary Code regarding heating, electricity, lighting, plumbing and sanitary facilities.
Restrictions on heat shut-off
MGL c. 164, § 124F Shutting off service during financial hardship
Shutting off gas or electric service used for heating due to financial hardship is not permitted between November 15 and March 15.
220 CMR 25.03 Utility shutoff procedures
Provides particular protection to infants, the elderly, and seriously ill people during the winter.
Web sources
Protections against shut-offs, Mass. Law Reform Institute, 2017.
Explains situations when customers are protected against utilities being shut off.
When am I protected from having my utilities shut off?, Attorney General's Consumer Advocacy & Response Division.
"Under certain conditions, your utilities may not be shut off, even if you haven’t or can’t pay your bill."
Print sources
Consumer law, 4th ed. (Mass. Practice v.36), Thomson Reuters, 2021 with supplement. Section 27:43 Termination of service -- termination in winter.
Selected cases
File a complaint
| Agency or department | File a complaint |
|---|---|
| Department of Public Utilities, Consumer Division Phone: 617-737-2836 Toll free: 877-886-5066 DPUConsumer.Complaints@mass.gov | File a complaint involving a gas, electric, or water company |
City or town boards of health or inspectional services departments: If a landlord does not respond to a tenant’s complaints about a Sanitary Code violation, the tenant may request a code enforcement officer or the local board of health to inspect the apartment. | Find your local board of health or inspectional services department for housing-related complaints |
Heat assistance
Cold relief brochure (FY2024), Executive Office of Housing and Livable Communities, 2023.
Includes a fuel assistance income eligibility chart, energy saving tips, and information about programs.
Eversource Massachusetts discount rate program
Provides eligibility requirements and an application form for residential customers.
Good neighbor energy fund, Salvation Army.
This fund helps qualified Massachusetts residents pay electric, gas, and oil bills when they have financial problems and can't pay their energy bills. Site includes both how to contribute and how to get assistance.
Heating oil contracts guide, Mass. Department of Energy Resources.
Offers questions for consumers to ask about home heating oil contracts and payment options. Also includes information on oil co-operatives and fuel assistance programs as well as links to household heating costs and consumer tip sheets.
Home Energy Assistance Programs, Executive Office of Housing and Livable Communities.
EOHLC's Energy Assistance Programs provide eligible low-income households assistance with home heating services. Programs include:
- Home Energy Assistance Program (HEAP)
- Heating System Repair & Replacement Program (HEARTWAP)
- Weatherization Assistance Program (WAP)
National Grid discount rate application for Massachusetts customers
Online application form for electric and gas discount with eligibility criteria for residential customers.
Utilities advocacy for low-income households in Massachusetts, National Consumer Law Center, 2019.
Covers obtaining service, restoring service, receiving financial aid, landlord tenant situations and appendices of regulations and sample forms.
Contact for Massachusetts law about winter heating
Online
| Last updated: | November 25, 2024 |
|---|