Boston Real Estate FAQs / Lead Paint FAQ /
Can I avoid state Lead Law requirements by not renting to a family with children under six?
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The Massachusetts Lead Law makes it illegal to refuse to rent to families with children under six, or evicting or refusing to renew the lease of families with children under six, because of lead paint. Discrimination against families with young children is also a violation of the U.S. Fair Housing Act and the Massachusetts anti-discrimination statute. Parents cannot waive the rights of their children to live in lead-safe housing or agree to assume to risks of lead exposure. Owners who violate these laws face heavy penalties. The Massachusetts Commission Against Discrimination investigates and prosecutes cases of discrimination against families with children because of lead paint.
It is also illegal for lenders to deny financing because a home has lead paint, or because financing could trigger future duties under the Lead Law. This does not restrict the right of a lender to process or deny a mortgage application in accordance with accepted underwriting practices and criteria.
It is also illegal for lenders to deny financing because a home has lead paint, or because financing could trigger future duties under the Lead Law. This does not restrict the right of a lender to process or deny a mortgage application in accordance with accepted underwriting practices and criteria.
Others in this Category
- What is lead poisoning? How do children become lead poisoned?
- What are the symptoms of lead poisoning? How is it detected?
- What is the treatment for lead poisoning?
- Are children under six years old the only ones at risk of lead poisoning?
- What are the dangers of lead paint in homes, and when was it used?
- Can routine home repairs cause lead poisoning?
- How does the owner of a home built before 1978 in which a child under six years old lives meet the requirements of the Massachusetts Lead Law?
- Can I do some of the deleading myself?
- Is there financial help for deleading?
- Does deleading improve the value of my property?
- What surfaces must be deleaded for full compliance with the Massachusetts Lead Law?
- What is interim control?
- Does my family have to be out of the house during deleading or interim control work?
- Are there any exemptions to the Massachusetts Lead Law?
- What are the requirements of the state Lead Law if there is a lease with an option to buy?
- How can I find out about how lead inspections, risk assessments and deleading should be done?
- How do I get a lead inspection or risk assessment?
- What is the best time to delead or undertake interim control?
- What is a Letter of Compliance and a Letter of Interim Control?
- How can an owner of rental housing in Massachusetts built before 1978 get insurance to cover potential lead liability?
- If I own and occupy a single-family house, does my homeowners insurance cover lead liability?
- How are new owners affected by the lead liability insurance regulations?
- What liability do rental property owners have if they don't comply with the state Lead Law?
- If I am considering buying a pre-1978 house to rent out, and a child under six lives in one of the apartments, should I have at least that unit and common areas inspected for lead now?
- Can a landlord delay a tenancy to bring a home into compliance with the state Lead Law?
- Must a landlord arrange temporary housing for a tenant while a rental home is being deleaded?
- What is tenant notification?
- What happens next?
- Where can I get more information on lead poisoning?
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