Massachusetts law about lead poisoning and control

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Lead safety
A collection of resources from Massachusetts state agencies, including lead and your child's health, finding and removing lead, deleading on my own, lead data, Massachusetts lead law, and lead information for providers.

Massachusetts laws

MGL c.111 §§ 189A-199B Lead poisoning prevention & control

MGL c.111 § 127B-1/2  Removal of dangerous levels of lead paint

MGL c.93A §§ 2, 9, 11 Consumer protection

MGL c.112 § 12BB Mandatory screening by physicians of children under the age of six

MGL c.151B § 4(11) Discrimination against families with young children

MGL c.186 § 18 Reprisals against tenants for reporting violations

Massachusetts regulations

105 CMR 410.502 State sanitary code - use of lead paint prohibited

105 CMR 460 Lead poisoning prevention & control

454 CMR 22 De-leading and lead-safe renovation

606 CMR 7.07 Lead paint and poisoning information disclosure requirements for family and school age child care programs

760 CMR 14 Lead paint abatement loan program

804 CMR 2.02 Housing discrimination against persons with children

Federal laws

42 USC §§ 4821-4846 Lead-based paint poisoning prevention

42 USC §§ 4851-4856 Residential lead-based paint hazard reduction act

15 USC § 1278a Children's products containing lead

Federal regulations

16 CFR Part 1303 Ban of lead-containing paint and certain consumer products bearing lead-containing paint

24 CFR Part 35 Lead-based poisoning prevention in certain residential structures

24 CFR §§ 200.800-200.810 Lead-based poisoning prevention

40 CFR Part 745 Lead-based paint poisoning prevention in certain residential structures

Forms

Tenant lead law notification and certification form

Property transfer notification certification form
The form is the final page of this property transfer lead paint notification package. "Under Massachusetts and federal law, this notification package must be given to prospective purchasers of homes built before 1978."

Short term vacation or recreational rental exemption notification form

Selected case law

Al-Ziab v. Mourgis , 424 Mass. 847 (1997)
A landlord's violation of the lead paint statute does not, without a showing of at least negligent conduct by the landlord, constitute a violation of the statutory covenant of quiet enjoyment for purposes of awarding attorney's fees.

Bencosme v. Kokoras , 400 Mass. 40 (1987)
Owners of residential property are strictly liable for injuries sustained under the lead paint act.

Massachusetts Rental Housing Association Inc. v. Lead Poisoning Control Director , 49 Mass. App. Ct. 359 (2000)
Sodium sulfide test is economical, convenient and endorsed by other testing authorities and thus has a rational basis. Notice to prospective tenants published by Dept. of Public Health is factually accurate and legally correct.

Rabassa v. Cerasuolo, 97 Mass. App. Ct. 809 (2020)
Insurance company could not deny coverage when landlord was not informed that his documentation for obtaining lead poisoning policy was inadequate.

Web sources

Childhood lead poisoning prevention program, Mass. Dept. of Public Health
Everything you need to know about the lead law, including public health fact sheets, downloadable forms, introduction to the lead law, data and reports. Also provides information on finding a licensed professional. 

Deleading and lead safety, Mass. Dept. of Labor Standards  
Information on obtaining licenses and finding contractors.

Lead, US Environmental Protection Agency
Links to federal laws, regulations and resources on lead paint, including basic information about lead, ways to protect your family, and lead abatement.

Lead paint removal , Citizen Information Service
This summary of the Massachusetts lead law explains the legal obligations of landlords and property owners.

Legal tactics: self-defense for tenants in Mass., Chapter 9: Lead poisoning , Mass. Law Reform Institute, 2017
Includes how to have children and residences tested, deleading, protections under state and federal laws, and legal remedies for tenants.

National Lead Information Center (NLIC)
1-800-424-LEAD
Provides the general public and professionals with information about lead hazards and their prevention. Funded by the Environmental Protection Agency and the Department of Housing and Urban Development.

Office of Lead Hazard Control and Healthy Homes (OLHCHH)
Information on federal government programs, laws, regulations, pamphlets, publications, and links to other web sites.

Print sources

"Landlord's liability for injury or death of tenant's child from lead paint poisoning," 19 ALR 5th 405.

Liability and lead paint litigation, MCLE, 2005.

Massachusetts practice:

•  vol. 10-10C (Procedural forms annotated) 6th ed. West, 2009 with supplement, §§ 38:12, 42:63, 79:65.
• vol. 15-16B (Legal forms) 5th ed. West, 2008 with supplement, §§ 22:10, 23:12, 24:83, 24:94, 24:98, 26:18, 32:19.
• vol. 33A-34 (Landlord and tenant law) 3rd ed. West, 2000 with supplement, §§ 18:23-18:35, 21:48.
• vol. 36A (Consumer law) 3rd ed. West, 2010 with supplement, §§ 29:38-29:48.
• vol. 37A (Tort law) 3rd ed. West, 2005 with supplement, § 18.6.

Residential and commercial landlord-tenant practice in Massachusetts 3rd ed. MCLE, loose-leaf, chapter 6 Lead paint: complying with Massachusetts law.

Last updated:	August 14, 2020