Legal Question in Real Estate Law in Massachusetts

maximum occupancy

I recently attempted to rent a one bedroom apartment and was told that the maximum occupancy for a one bedroom is 2 people. The gentleman informed me that is was a State Law (MA). I did some of my own research, and the only information i could find regarding occupancy/density regulations were in regards to the square footage of an apartment. Can you tell me if there is any such law in Boston that would prohibit three people from occupying a one bedroom apartment, provided that it met the square footage requirement?


Asked on 8/12/99, 1:33 pm

1 Answer from Attorneys

Re: maximum occupancy

I think you'll find that in the zoning by-laws. I didn't

check myself, but if you make the effort to contact me, I'll

make some more effort to find out for you. Meanwhile, my

preference is that you try calling City Hall in Boston to have

someone open up their copy of the zoning by-laws and see if

they can find your answer.

It might actually govern the landlord and not you, but that's a

tricky issue because he could probably evict you for causing him

to violate the law, even though you wouldn't be violating it.

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Answered on 8/17/99, 1:02 pm


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