More on Lead Paint

Last year, we wrote about  the landlords’ obligations to disclose the presence of lead paint in rental units and the penalties for failing to disclose.  Click here to see our earlier post.  In March, the Attorney General Martha Coakley’s office announced a $75,000.00 settlement with a landlord based on discrimination and retaliatory practices by the landlord in renting units with lead paint.  The settlement is reportedly the largest fair housing settlement to date while Martha Coakley has held the Attorney General position.

The landlord, who is an attorney, allegedly attempted to evict tenants with young children because he did not want to de-lead the unit.  Additionally, the Attorney General’s office alleged that the landlord failed to properly disclose the presence of lead paint in the rental units, rented units with lead paint to tenants with young children, refused to repair unsafe and unsanitary conditions, and retaliated against tenants when they reported violations to the local boards of health. 

As this recent settlement demonstrates, anyone, even an attorney,  can run afoul of the lead paint laws.  In this case, the landlord had not only civil claims against him, but claims by the the Attorney General’s office, as well.  In our prior blog post regarding lead paint, by the U.S. Environmental Protection Agency fined several management companies for its practices.  There is no shortage of ways landlords can find themselves in a bind when they fail to heed their obligations under the lead paint statutes.

The Importance of Lead Paint Disclosure

The U.S. Environmental Protection Agency (EPA) recently fined three Massachusetts property management companies for their failure to disclosure the presence of lead paint in 11 rental units. All together, the three companies agreed to pay $16,000 to resolve claims by the EPA that they violated the federal lead paint disclosure law. It is common knowledge these days that lead-based paint is a hazard, but few landlords know their responsibilities under the law regarding how to handle rental units that still possess lead paint. Moreover, landlords are not the only ones who need to be aware of their legal responsibilities – the federal lead paint disclosure law applies to property owners, property managers, and real estate agents alike.

Under Massachusetts law, landlords also have responsibilities regarding lead paint. In short, the existence of lead paint in a residential unit is a violation of the State Sanitary Code, though the landlord may delay a full de-leading under specific circumstances laid out by statute. A Massachusetts landlord is also required to supply prospective tenants with documents notifying the tenant of the presence of lead paint. Failure to comply with the lead paint statutes and regulations can subject the landlord to damages, and landlords who willfully fail to take action after notification of the presence of lead paint are liable for treble damages.

As the recent EPA fines prove, if you are a landlord, real estate agent, or anyone else who regularly deals with property management, you must know your responsibilities under the law, or suffer costly consequences.