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Compliance · South Boston

The Massachusetts Lead Law for South Boston Rentals

By Chris Fitzpatrick, Fitzpatrick Property Management · · 6 min read

Key points
  • The law applies to homes built before 1978 where a child under six lives.
  • Owners must remove or cover lead hazards and get a Letter of Compliance or Interim Control.
  • You can't refuse to rent to a family, or evict one, because of lead paint.
  • A state tax credit covers up to $1,500 per unit of deleading costs.

Walk down almost any block in South Boston and you're looking at housing built long before 1978, the year lead paint was banned for residential use. For owners of those triple-deckers, rowhouses and older condos, the Massachusetts Lead Law is one of the most important rules to understand.

When the law applies

The Lead Law requires owners to remove or cover lead paint hazards in homes built before 1978 where any child under six lives. It applies to rental units, and to owners living in their own single-family home. Covered hazards include loose or peeling lead paint, lead paint on windows and other friction surfaces, and surfaces a young child can reach.

What owners have to do

There are two paths to compliance, and both start with a licensed professional.

Full deleading

A licensed lead inspector tests the home and records every hazard. The hazards are then corrected by a licensed deleader or other authorized person. After a passing reinspection, you receive a Letter of Full Compliance.

Interim control

If you can't complete full deleading right away, a licensed risk assessor can approve fixing the urgent hazards first. You receive a Letter of Interim Control, and then have up to two years to finish the work and get a Letter of Full Compliance.

Some specific tasks can be done by an owner or their agent, but only after the home has been inspected by a licensed lead inspector and the person doing the work has been trained and authorized.

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Things owners get wrong

Paperwork at lease signing

The Commonwealth publishes a Tenant Lead Law Notification for rental housing, and federal rules also require lead disclosures for most pre-1978 rentals. Keep any Letters of Compliance or Interim Control on file and give tenants copies of what the forms require. Check the current forms and instructions on Mass.gov before each new lease.

Help with the cost

The Commonwealth offers tax credits, grants and loans for deleading. Under the state's Schedule LP credit, owners can claim up to $1,500 per unit for work that earns a Letter of Full Compliance, or up to $500 per unit for interim control, which counts toward the $1,500. Unused credit can be carried forward for up to seven years. Ask your tax preparer how it applies to you.

Why it pays to plan ahead

The best time to address lead paint is during a vacancy or renovation, not after a family has moved in. Combining deleading with turnover work like painting and window repairs usually saves time and money. It also gives you a compliance letter that makes the unit easier to lease to anyone.

Quick answers

Does the Massachusetts Lead Law apply to my rental?

It applies to homes built before 1978 where any child under six lives. Owners must remove or cover lead paint hazards and obtain a Letter of Full Compliance or Interim Control.

Can I refuse to rent to a family because of lead paint?

No. Under Massachusetts law you can't refuse to rent to, or evict, a family because of lead paint in the home.

This article is general information for South Boston property owners, not legal or tax advice. Rules change, so confirm the current requirements with the agencies linked above or your attorney.

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