Under the Massachusetts State Sanitary Code (105 CMR 410.180), landlords must provide heat from September 15 through May 31 so that every habitable room and bathroom is at least 68°F from 7 a.m. to 11 p.m. and at least 64°F from 11:01 p.m. to 6:59 a.m., and no hotter than 78°F. A local board of health can adjust the season slightly. Pipes froze anyway? Landlords can call (413) 603-1274.
The numbers
| Rule | Requirement |
|---|---|
| Heating season | September 15 to May 31 |
| Daytime, 7 a.m. to 11 p.m. | At least 68°F |
| Overnight, 11:01 p.m. to 6:59 a.m. | At least 64°F |
| Maximum | No more than 78°F |
| Local changes | Board of health may end the season no earlier than May 15 or start it no later than September 30 |
Older guides say the season runs to June 15. The current code says May 31. General information, not legal advice.
Who supplies the heat
The owner supplies heat unless the lease says the tenant pays for it and the tenant's unit has its own heating system and meter. Even then, the owner must keep the heating equipment and the plumbing working.
Why it matters for frozen pipes
Keeping rooms at 64°F or more overnight protects most indoor pipes, but not always the ones on porches, in stairwells or in exterior walls of older Chicopee two- and three-deckers. A landlord who meets the temperature rule can still have pipes freeze in cold spots, and fixing those spots is part of keeping the plumbing in working order. See can pipes freeze with the heat on and apartment water damage.
If the heat is not on
Tenants should tell the landlord in writing. If it is not fixed, the local board of health can inspect, and lack of heat is treated as a condition that may endanger health and safety. See how long a landlord has to fix water damage.
When the tenant pays for heat
In many Chicopee two- and three-deckers each apartment has its own heating system and the tenant pays the bill. The code allows the lease to make the tenant responsible for paying for heat in some situations, but the owner is still responsible for providing a working heating system that can meet the required temperatures. If a tenant's heat is shut off for nonpayment, or a tenant turns it off and leaves, pipes in that unit can freeze and damage the others. Landlords should know how each unit is heated, and tenants should never turn the heat off completely in winter, even when they are away.
Heat and vacant units
A vacant apartment between tenants still has pipes that can freeze and damage the occupied units around it. Keep it heated, or shut off and drain its water. Check it at least weekly during a cold snap. See winterizing a vacant unit.
Questions
Does this apply to space heaters?
The code requires a heating system that can maintain the temperatures. Portable space heaters supplied by a tenant do not meet the owner's duty.
What if the oil ran out?
If the owner supplies heat, keeping fuel in the tank is the owner's job. See oil ran out and the pipes froze.
Frozen pipes in a rental? Call
Call (413) 603-1274 now. Locally owned in Chicopee.