Hearing (150)

Administrative Hearings for Homeowners

When homeowners are served a notice to correct violations, they may make a written request (within seven days) for an administrative hearing with ISD, Housing Division.

Administrative hearings provide property owners and occupants an opportunity to be heard, to request an extension of time to correct violations, dispute any of the violations, request clarification, or express any concerns that they may have regarding the inspection.

Request for Administrative Hearing

Hearing Officers

Overseeing the hearings are Hearing Officers, who are generally departmental managers trained in conducting administrative hearings. Also in attendance: The Inspector who noted violations, owner/representative of the property, and tenants.

During the hearing both sides will give testimony related to the case. The Inspector will give testimony of the conditions of the property and violations he/she noted. The property owner/representative is also given an opportunity to dispute the Inspector’s findings, and state how and when violations will be corrected. 

Please Note: If the property is condemned and vacated by the ISD an administrative hearing is automatically arranged by the Inspector. Emergency violations must be corrected before a hearing can be granted.

Procedures

Right to a Hearing (105 CMR 410.850) - Non-Emergency 

Upon receipt of a violation notice property owners/managers may request a hearing to show cause as to why violations should be modified or withdrawn before the department by filing a written petition within seven days after a violation notice has been served:

A. Any Person upon whom any order has been served pursuant to any regulation of 105 CMR 410.000 (except for an order issued after the requirements of 105 CMR 410.831 have been satisfied).
B. Any person aggrieved by failure of any inspector or other departmental personnel to inspect any premises upon request, to issue an inspection report; to certify the violations may endanger or impair the health or safety of the occupants; and to issue an order as required by 105 CMR 410.830.

These petitions must be filed within 30 days of the non-occurrence of the requested action.
The petitioner has a right to inspect and copy all relevant reports, orders and notices in the possession of the department; the right to be represented at the hearing; and that any affected party has a right to appear at said hearing.

To the Owner: the conditions which exist may permit the occupant of the dwelling to exercise one or more statutory remedies.

To Request a Hearing or Deliver Your Petition:

Boston Inspectional Services
Division of Housing Inspection
1010 Massachusetts Avenue
Boston, MA 02118
Request for Administrative Hearing
Right to a Hearing - Emergency

The State Sanitary Code 400.200(B) states that the owner/agent of the property or person against whom a violation notice is cited must first comply (correct specified violations) with the order within 24-hrs from the date of the receipt of the notice. Once the owner/agent of the property has corrected the specified violations he/she may petition the ISD for a hearing (in writing and within seven (7) days from the receipt of the order). 
The owner/agent has the right to inspect and obtain copies of all relevant inspection notices, investigation reports, orders, and other documentary information in the possession of the ISD. 
(add link to request document)

Hearing Procedures (410.853)
During the hearing the petitioner and other affected parties are given the opportunity to give testimony, to present witnesses or documentary evidence before a hearing officer.  All are given the opportunity to show why an order should be modified or withdrawn.

Testimony may also be given for the following: Why a dwelling should not be condemned, vacated or demolished, why an action or failure to act by an inspector or other personnel of the board of health should be reconsidered, rescinded or ordered.
 
Within 7 days of the hearing all parties are provided with written notice of the Hearing Officers Decision. 

 

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