Tenants’ Rights: Your Right to Get a Lead Inspection in Massachusetts

Tenants’ Rights: Your Right to Get a Lead Inspection in Massachusetts

Understanding Your Options for a Safe and Healthy Home

If you rent a home or apartment in Massachusetts, you have the right to live in a safe and healthy environment. That includes protection from exposure to lead paint hazards, which can still exist in many older properties throughout the state.

Massachusetts has some of the strongest lead laws in the country, designed to protect children and families from the long-term health effects of lead exposure. Whether you are a tenant concerned about your living conditions or a parent of a young child, it is important to understand that you have the right to request a lead inspection in your rental unit.

Here is what every tenant should know about lead inspections, their rights, and what to do if you believe your home may contain lead hazards.

Why Lead Safety Matters

Homes built before 1978 often contain lead-based paint. When this paint deteriorates, it can create dust or chips that are dangerous if ingested or inhaled. Children under six are particularly at risk because lead exposure can affect brain development, behavior, and learning ability.

Even small amounts of lead dust can pose a health risk, especially in high-contact areas such as windows, doors, and floors. Pregnant women can also face risks from exposure, as lead can affect fetal development.

Because of these health concerns, Massachusetts law requires landlords to address lead hazards in rental properties where women who are pregnant, or children under the age of six live or will live.

Your Right to a Lead Inspection

As a tenant, you have the right to request a lead inspection for the home or apartment you are renting. You do not need your landlord’s permission to have an inspection performed, although you should notify them out of courtesy.

A licensed lead inspector can test painted surfaces, trim, and other high-contact areas throughout your home. The results will show whether lead paint is present and if it is in good condition or peeling and damaged.

Key points for tenants:

  • You have the right to hire a licensed lead inspector at your own expense.
  • Your landlord cannot stop you from getting an inspection.
  • The inspection must be performed by a state-licensed lead inspector or risk assessor.
  • Results can help you and your landlord decide on next steps, including abatement or containment.

What Happens If Lead Is Found

If your inspection finds lead paint or lead dust hazards, your landlord is legally required to take corrective action if a woman who is pregnant, or child under the age of six lives in the unit or is expected to live there. This may include:

  • Abatement: Permanent removal of lead paint and dust.
  • Containment: Sealing or covering lead surfaces to prevent exposure.
  • Interim controls: Temporary repairs while permanent abatement is planned.

Once the work is completed, a licensed inspector must verify that the property meets state standards and issue a Letter of Compliance.

If your landlord fails to act, you can contact your local Board of Health or the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP) for assistance.

Can Tenants Be Forced to Move?

Landlords cannot evict or refuse to rent to families with young children or women who are pregnant because of lead paint. This practice is illegal under both state and federal fair housing laws.

If your landlord attempts to remove you from the property or refuses to rent to you after learning you are pregnant or have a child, you should contact the Massachusetts Commission Against Discrimination (MCAD) or a housing attorney immediately.

How to Request a Lead Inspection

  1. Contact a licensed lead inspector: Look for professionals certified by the Massachusetts Department of Public Health. MKC Associates provides lead inspections throughout the Greater Boston area and beyond.
  2. Notify your landlord: While you are not required to get permission, providing notice helps maintain open communication.
  3. Schedule your inspection: The process is quick and noninvasive. Inspectors use specialized equipment to test painted surfaces and identify any potential hazards.
  4. Review your report: After the inspection, you will receive a detailed report showing where lead was found and the condition of those areas. Keep this document for your records.

If You are pregnant or Have Children in the Home

If you are pregnant or have a child under six, and live in a rental, and your home contains lead hazards, the landlord must fix those hazards at no cost to you. The state can also help coordinate inspections and abatement through local health departments.

You can contact the Massachusetts Childhood Lead Poisoning Prevention Program at www.mass.gov/lead for information and resources.

How MKC Associates Can Help

MKC Associates is licensed by the Commonwealth of Massachusetts to perform comprehensive lead inspections for both homeowners and tenants. Our inspectors provide detailed testing and clear reports to help you understand your home’s safety.

Whether you rent or own, knowing the condition of your home is the first step to keeping your family healthy.

Living Lead Safe

Every tenant in Massachusetts deserves to live in a safe home. If you suspect your rental unit may contain lead paint, do not hesitate to schedule a lead inspection.

You have the legal right to request one, and your landlord cannot deny or discourage you from doing so. Taking action now protects your health, your children’s development, and your peace of mind.

For licensed inspections, education, and support, MKC Associates is here to help you understand your results and take the next steps toward a lead-safe home.

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