If you rent out individual rooms to 4 or more unrelated occupants in Massachusetts without first obtaining a license, you may be violating Massachusetts law. These slides provide a brief introduction of what a rooming house is and how to obtain a license.

1. Rooming/Lodging
House
License
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2. Disclaimer
These
materials
are
prepared
solely
for
educational
and
general
informational
purposes. These
materials
reflect
only
the
personal
views
of
the
author
and
are
not
intended
to
constitute
legal
advice.
The
presentation
of
these
materials
does
not
establish
any
form
of
attorney-­‐
client
relationship
with
the
author
or
the
author’s
firm.
While
every
attempt
was
made
to
ensure
accuracy
of
these
materials,
errors
or
omissions
may
be
contained
therein,
for
which
any
liability
is
disclaimed.
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3. Rooming/Lodging
House
MGL,
c.140,
s.22:
◦ “Lodging
house”
.
.
.
shall
mean
a
house
where
lodgings are
let
to
four
(4)
or
more
persons
not within
second
degree
of
kindred
to
the
person
conducting
it .
.
.
.
105
CMR
410.020:
◦ “Rooming
House”
means
every
dwelling
or
part
thereof
which
contains
one
or
more
rooming
units
in
which
space
is
let
or
sublet
for
compensation
by
the
owner
or
operator
to
four
(4)
or
more
persons
not
within
the
second
degree
of
kindred
to
the
person
compensated.
◦ Boarding
houses,
hotels,
inns,
lodging
houses,
dormitories
and
other
similar
dwelling
places
are
included,
except
.
.
.
“Lodging
house”
and
“rooming
house”
are
often
used
synonymously.
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4. Rooming/Lodging
House
105
CMR
410.020:
◦ “Dwelling”
means
every
building
or
shelter
including
but
not
limited
to
rooming
houses
and
temporary
housing
used
or
intended
for
human
habitation
and
.
.
.
◦ “Dwelling
Unit”
means
the
room
or
group
of
rooms
within
a
dwelling
used
or
intended
for
use
by
one
family
or
household
for
living,
sleeping,
cooking
and
eating.
Dwelling
unit
shall
also
mean
a
condominium
unit.
◦ “Rooming
Unit”
means
the
room
or
group
of
rooms
let
to
an
individual
or
household
for
use
as
living
and
sleeping
quarters
but
not for
cooking,
whether
or
not
common
facilities
for
cooking
are
made
available
.
.
.
Hall
v.
Zoning
Board
of
Appeals
of
Edgartown,
28
Mass.
App.
Ct.
249,
256,
n.
9
(1990)
(holding
that
should
more
than
four
tenants
sign
a
lease,
“whether
a
zoning
violation
exists
will
depend
upon
whether
the
tenants
live
together
as
a
single
housekeeping
unit
in
a
family-­‐like
situation.
We
acknowledge
that
the
test
is
not easy
to
apply").
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5. May be
OK
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6. May Need
License
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7. Unlicensed
Lodging
House
MGL
c.
140,
s.
24:
◦ Whoever
conducts
a
lodging
house
without
a
license
shall
be
punished
by
a
fine
of
not
less
than
one
hundred
nor
more
than
five
hundred
dollars
or
by
imprisonment
for
not
more
than
three
months,
or
both.
Upon
the
complaint
of
an
aggrieved
party,
the
licensing
authority
or
an
officer
of
a
city
or
town
wherein
such
unlicensed
lodging
house
is
conducted,
a
justice
of
the
housing
court
division
or
the
superior
court
division
of
the
trial
court,
may
enjoin
the
conducting
of
any
unlicensed
lodging
house
and
may
make
such
other
orders
as
the
court
may
deem
equitable
to
enforce
the
provisions
of
sections
twenty-­‐two
to
thirty-­‐one,
inclusive.
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8. Lodger
v.
Tenant
Lodger – 1.
Someone
who
rents
and
occupies
a
room
in
another’s
house.
2.
Someone
who
occupies
a
designated
area
in
another’s
house
but
acquires
no
property
interest
in
that
area,
which
remains
in
the
owner’s
legal
possession.(Black’s
Law
Dictionary)
Tenant – “Someone
who
holds
or
possesses
lands
or
tenements
by
any
kind
of
right
or
title”
(Black’s
Law
Dictionary)
City
of
Worcester
v.
College
Hill
Properties,
465
Mass.
134
(2013):
◦ “Each
apartment
at
issue
here
was
leased
to
four
local
college
students
for
a
twelve-­‐month
period.”
◦ “The
students
sharing
an
apartment
each
had
access
to
the
entire
apartment
and
the
use
of
all
common
areas,
such
as
the
kitchen
and
living
room.”
◦ “During
the
term
of
a
tenancy,
a
tenant
has
the
exclusive
legal
right
to
occupy
and
use
the
entirety
of
the
property;
the
rooms
within
the
apartment
are
not
rooms
in
the
house
of
another.”
◦ Holding:
NOT
a
lodging
house.
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9. Boston
Licensing
Board
Rules
Shared
living
situations,
i.e.
unrelated
roommates
or
housemates
with
equal
rights
to
to
the
entire
dwelling,
shall
not constitute
a
lodging
house.
A
family
shall
be
considered
as
one
“person,”
“lodger”
or
“boarder”
for
all
purposes
of
lodging
house
requirements
and
enforcement.
“Family”
shall
mean
two
or
more
persons
related
by
blood,
marriage,
adoption
or
analogous
family
union
and
living
as
a
single,
nonprofit
housekeeping
unit.
When
a
landlord
allows
a
tenant
to
bring
in
another
person
or
persons
to
reside
in
the
dwelling
unit
occupied
by
the
tenant,
in
exchange
for
financial
contribution
toward
the
rent,
utilities
and/or
household
expenses,
the
tenant
and
the
tenant’s
family
shall
be
considered
the
operator
or
“person
conducting
it.”
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10. Termination
of
Tenancy
–
MGL,
c.
186,
s.
17
Length of
Stay Eviction
Reason
Days
of
Notice
Less
than
30
days Any
reason None
30
days to
3
months Any
reason,
including
non-­‐payment
of
rent
7
days
3
months
or
more
(=
tenancy
at
will)
Nuisance, damage,
or
interfering
with
safety
(if
rent
is
payable
daily
or
weekly)
7
days
Non-­‐Payment
of
rent 14
days
Other
than
non-­‐payment 30
days
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11. Other
Requirements
Minimum
Square
Footage
– 105
CMR
410.400
◦ (A)
Every
dwelling
unit
shall
contain
at
least
150
square
feet
of
floor
space
for
its
first
occupant,
and
at
least
100
square
feet
of
floor
space
for
each
additional
occupant,
the
floor
space
to
be
calculated
on
the
basis
of
total
habitable
room
area.
◦ (B)
In
a
dwelling
unit,
every
room
occupied
for
sleeping
purposes
by
one
occupant
shall
contain
at
least
70
square
feet
of
floor
space;
every
room
occupied
for
sleeping
purposes
by
more
than
one
occupant
shall
contain
at
least
50
square
feet
of
floor
space
for
each occupant.
◦ (C)
In
a
rooming
unit,
every
room
occupied
for
sleeping
purposes
by
one
occupant
shall
contain
at
least
80
square
feet
of
floor
space;
every
room
occupied
for
sleeping
purposes
by
more
than
one
occupant
shall
contain
at
least
60
square
feet
for
each occupant.
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12. Other
Requirements
Automatic
Sprinkler
System
– MGL,
c.
148,
s.
26H
◦ Every
lodging
house
or
boarding
house
shall
be
protected
throughout
with
an
adequate
system
of
automatic
sprinklers
in
accordance
with
the
provisions
of
the
state
building
code.
◦ No
such
sprinkler
system
shall
be
required
unless
sufficient
water
and
water
pressure
exists.
◦ In
such
buildings
or
in
certain
areas
of
such
buildings,
where
the
discharge
of
water
would
be
an
actual
danger
in
the
event
of
a
fire,
the
head
of
the
fire
department
shall
permit
the
installation
of
such
other
fire
suppressant
systems
as
are
prescribed
by
the
state
building
code
in
lieu
of
automatic
sprinklers.
◦ For
the
purposes
of
this
section
“lodging
house”
.
.
.
shall
mean
a
house
where
lodgings
are
let
to
six
(6)
or
more
persons
not
within
the
second
degree
of
kindred
to
the
person
conducting
it,
but
shall
not
include
fraternity
houses
or
dormitories,
rest
homes
or
group
residences
licensed
or
regulated
by
agencies
of
the
commonwealth.
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13. Other
Requirements
Shared
Facilities
– 105
CMR
410.151
◦ The
owner
of
any
dwelling
in
which
any
toilet,
wash
basin,
shower
or
bathtub
is
to
be
shared
by
the
occupants
of
more
than
one
dwelling
unit
or
one
rooming
unit
shall
maintain
that
toilet,
wash
basin,
shower,
bathtub,
walls
and
floors
in
a
clean
and
sanitary
condition,
which
shall
include
the
cleaning
and
sanitizing
of
said
fixtures
at
least
once
every
24
hours.
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14. Getting
Rooming
House
License
Different
Cities/Towns
have
different
rules
and
procedures
In
General:
◦ Step
1
– Check
zoning
or
obtain
zoning
change
approval
◦ Step
2
– Meet/Discuss
with
Licensing
Board,
City
Councilor,
Neighborhood
Association,
and/or
other
government
authorities
◦ Step
3
– Prepare
and
file
application
◦ Step
4
– Hearing
before
Licensing
Board
◦ Step
5
– License
granted
or
denied
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15. Zoning
Regulation
City/Town Source/Authority
Boston Zoning
Code,
Article
8
Brookline Zoning
By-­‐Laws,
s. 4.07
Cambridge Zoning
Ordinance,
Article 4
Malden City
Ordinance,
c. 12, s.
300.3.2.10
Newton http://www.newtonma.gov/gov/planning/faq/lodgers.asp
Quincy Zoning
Code,
Appendix
A
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16. City
of
Boston
Authority
– Licensing
Board
Zoning – Check
with
Zoning
Board
or
obtain
approval
for
zoning
change.
Meeting – Local
Neighborhood
Association
&
City
Councilor
before
hearing
Application:
◦ Personal
Information
Form(s)
and
Criminal
Record
Information
Form(s)
for
all
owner(s),
shareholder(s),
officer(s),
manager(s),
and
person(s)
with
a
financial
interest
in
the
business.
◦ Copy
of
lease
agreement
(in
the
applicant’s
name)
◦ Floor
plan
of
each
floor
Hearing – before
Licensing
Board.
License
Fee – 0-­‐9
rooms,
$75.00/year;
10-­‐19
rooms,
$150.00/year;
etc.;
annual
renewal
in
April.
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17. City
of
Cambridge
Authority
– License
Commission
Lodging
House
License
Application
– submit
to
ISD
for
zoning
approval.
The
completed
application
must
include
all
sketches
or
plans
Licensed
Premises
Inspection
Approval
Form
– submit
to
ISD
for
approval
from
the
building
and
health
inspectors.
If
the
applicant
has
a
current
Certificate
of
Occupancy,
this
sign-­‐off
is
not
required.
Fire
Department
will
automatically
inspect
the
site
based
on
the
License
Commission
hearing
agenda.
Issuance
of
License – License
Commission
will
issue
a
license
upon
receipt
of
license
fees
and
ISD's
building
and
health
approval.
Fee – $175
hearing
and
newspaper
advertising
fee.
License
fee
is
$24
for
the
first
four
rooms
total
and
$24
for
each
additional
room.
Time – about
4-­‐6
weeks
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18. Rooming
House
Operation
Inspection
◦ MGL,
c.
140,
s.
25.
Premises
occupied,
used
or
controlled
by
a
licensee
shall
be
subject
to
inspection
by
the
licensing
authorities
and
their
authorized
agents.
Register
◦ MGL,
c.
140,
s.
27.
All
lodging
houses
must
keep
in
permanent
form
a
register
which
shall
record
the
true
name
and
residence of
every
person
engaging
or
occupying
a
private
room.
Such
register
shall
be
kept
for
period
of
one
year
after
the
last
entry
therein,
and
shall
be
made
available
for
inspection
to
the
Licensing
Board
and/or
its
agents.
Posting
of
Statutes
◦ MGL,
c.
140,
s.
31.
All
.
.
.
lodging
house
keepers
who
have
been
ordered
to
keep
a
register,
shall
post
in
a
conspicuous
place
near
the
register
a
notice,
to
be
furnished
by
the
licensing
authorities,
containing
the
provisions
of
sections
twenty-­‐seven
and
twenty-­‐nine
relating
to
the
entry
of
names
and
residences
in
the
register,
together
with
the
penalty
provided
for
their
violation.
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19. Other
Considerations
Cooking
Facilities
◦ MGL,
c.
140,
s.
22A.
“a
lodging
house
where
lodgings
are
let
to
more
than
five
but
less
then
twenty
persons
may furnish
individual
cooking
facilities
for
the
preparation,
serving,
eating
and
storage
of
food;
provided
that
no
such
facility
shall
be
furnished
in
a
room
having
an
area
of
less
than
one
hundred
fifty
square
feet.
Such
facilities
shall,
in
a
single
room,
consist
of
a
gas
or
electric
plate,
a
refrigerator and
hot
and
cold
running
water .
.
.
◦ MGL,
c.
140,
s.
22B.
A
lodging
house
may
furnish
individual
microwave
ovens.
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