Am I legally required to remove lead paint if I rent to families with children?

Yes. Under Massachusetts landlord lead laws, property owners are legally required to remove or control lead hazards in any rental unit where a child under six will reside. This requirement exists regardless of whether the paint appears to be in good condition.

The Massachusetts Lead Law and Its Requirements

Massachusetts landlord lead laws are outlined in the Massachusetts Lead Law and enforced by the Childhood Lead Poisoning Prevention Program (CLPPP). Key requirements include:

• Removal or Control of Lead Hazards: Properties must either be fully deleaded or made safe through interim control measures.
• Tenant Notifications: Landlords must provide tenants with important documents such as:
  • The Tenant Lead Law Notification and Certification Form.
  • The EPA’s lead safety brochure.
  • Copies of any lead compliance or inspection records.

For official guidance, visit the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP).

Landlord Responsibilities and Legal Risks

Landlords cannot:

• Ask tenants to waive their rights regarding lead paint safety.
• Refuse to rent to families with children under six.

Violating these rules is considered housing discrimination and can result in severe legal consequences, including fines, lawsuits, and potential criminal penalties.

Steps for Compliance with Massachusetts Landlord Lead Laws

To comply, landlords should:

1. Schedule a Lead Inspection: Hire a licensed lead inspector, like those at MKC Associates Home Inspection, to assess the property.
2. Address Hazards: If lead is found, certified deleading professionals must correct the hazards.
3. Obtain Certification: The property must pass a follow-up inspection to receive either:
   • A Letter of Full Compliance.
   • A Letter of Interim Control.

Why Compliance is Crucial

Operating a rental property without proper lead documentation can lead to:

• Fines and legal liability.
• Housing discrimination lawsuits.
• Health risks for tenants, especially young children.

Taking proactive steps to comply with Massachusetts landlord lead laws helps protect both tenant health and a landlord’s legal standing. For more information, refer to the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP).

MKC Associates Home Inspection offers certified lead inspections and guidance to help landlords stay compliant and avoid costly legal issues.