Hello lanark-ga,
As a property owner in Massachusetts, you are required to abide by the
Massachusetts Lead Law. A summary of the law can be found at the
following webpage:
The Massachusetts Department of Public Health
The Massachusetts Lead Law: an introduction
http://www.state.ma.us/dph/clppp/llaw.htm
?What does the lead law require?
The Lead Law requires the removal or covering of lead paint hazards in
homes built before 1978 where any children under six live. Lead paint
hazards include loose lead paint and lead paint on windows and other
surfaces accessible to children. Owners are responsible with complying
with the law. This includes owners of rental property as well as
owners living in their own single family home. Financial help is
available through tax credits, grants and loans.
How does an owner comply with the lead law?
There are two ways:
1. Have all lead hazards removed or covered. The owner must first hire
a licensed lead inspector who will test the home for lead and record
all lead hazards. After the work is approved, the owner will receive a
Letter of Full Compliance.
or...
2. Have only urgent lead hazards corrected, while controlling
remaining hazards. This temporary method is called interim control.
The owner must first hire a licensed risk assessor who will explain
what work needs to be done for interim control.
After the work is approved, the owner will receive a Letter of Interim
Control. Owners then have up to two years before they must have the
remaining lead hazards removed or covered and receive a Letter of Full
Compliance.?
---
?Can a rental property owner be held liable for a lead poisoned child?
Yes. If a child is lead poisoned by lead hazards where the child
lives, the owner is legally responsible. An owner cannot avoid
liability by asking tenants to sign an agreement that they accept the
presence of lead paint. Complying with the Lead Law is the best
protection an owner has from liability.
Can an owner evict or refuse to rent to a family with children under
six if there is lead paint in the home?
No. An owner cannot evict or refuse to rent to anyone because or lead
paint. Discrimination is against the law and carries penalties.?
For more information, see the following webpages:
The Massachusetts Department of Public Health
Childhood Lead Poisoning Prevention Program
http://www.state.ma.us/dph/clppp/clppp.htm
Homesinboston.com
Lead Paint FAQ
http://www.homesinboston.com/FAQ/4.html
I hope you have found this information helpful. If you have any
questions, please request clarification prior to rating the answer.
Googlenut
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