Lead Laws and Regulations
This page provides an overview of relevant laws and regulations. If you have more specific questions please contact the respective agency or the Lead Action Collaborative.
MA Lead Law
The Massachusetts Lead Law requires the removal of lead hazards from a home in which a child under 6 is living. Lead paint hazards include loose lead paint and lead paint on windows and other surfaces accessible to children. It is the property owner's responsibility to pay for both a lead inspection and deleading if hazards are found. A landlord cannot ask a tenant to sign a 'waiver' releasing the landlord from liability should a child be poisoned in the rented home. In such a case, liability still belongs to the property owner.
Renovate Right
The Renovation, Repair and Painting Rule was created by the Environmental Protection Agency requiring 'lead safe work practices' while contractors are doing renovation, plumbing, and painting work on child-occupied facilities built before 1978. This rule is aimed at preventing lead dust from contaminating the living area. Contractors must be certified in lead safe practices and must provide the home owner or occupant with the Renovate Right booklet before renovations begin. Homes, schools, and child care centers are covered under this regulation.
You can view the EPA's Renovate Right booklet here (English) or here (Spanish).
Information on enforcement for Renovators:
Enforcement Alert to Renovators
Find out more information on the EPA's Renovation, Repair, and Painting Rule:
Rule: http://www.epa.gov/lead/pubs/renovation.htm
Tool Box: http://epa.gov/lead/pubs/toolkits.htm
Guidance: http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf
Effective Dates for the Rule: http://www.epa.gov/lead/pubs/effectivedates.pdf
List of Training Providers: http://www.epa.gov/lead/pubs/trainingproviders.htm
Real Estate Notification and Disclosure Rule (Also known as the 1018 rule)
The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. This ensures that potential tenants and home buyers are receiving the information necessary to protect themselves and their families from lead-based paint hazards prior to them being obligated to purchase or rent pre-1978 housing.
More information on the Disclosure Rule can be found at:
Rule: www.epa.gov/region1/enforcement/leadpaint/section1018.html
Sample Disclosure Form (Lease): www.epa.gov/lead/pubs/lesr_eng.pdf
Sample Disclosure Form (Sale): www.epa.gov/lead/pubs/selr_eng.pdf
Fair Housing
Fair Housing is equal access to housing opportunities for all people. In Massachusetts, it is illegal to discriminate on the basis of familial status, race, national origin, color, religion, disability, sex, marital status, sexual orientation, source of income, age, and military status. It is also illegal for a landlord to refuse to rent to a person with a child under the age of 6. Landlords often will claim that they 'don't rent to families' or will not return calls from people with children because the landlord is not in compliance with the MA Lead Law. This is housing discrimination.
If you have been discriminated against in your search for housing, please contact the Boston Fair Housing Commission.