How To Protect Yourself From Lead Law When Acquiring New Rental Property

Question

Hello fellow real estate investors,

I wanted to share some important information about the lead-based paint laws in Massachusetts. If you're new to investing, this is crucial knowledge that could save you from legal issues down the line. Let me break it down in simple terms.

In Massachusetts, if your property was built before 1978, you cannot rent it to families with children under six unless it complies with the Massachusetts Lead Law. Discriminating against families with young children is illegal, so if such a family applies and is the best tenant, you are required to delead the property before they move in. Ignorance of lead paint presence doesn’t exempt you—you must have a compliance letter to avoid strict liability.

If you rent to a couple or a single woman and she becomes pregnant, the law requires you to delead the unit. Additionally, you must cover the cost of housing for the tenant while the deleading work is being done. Even if you rent to someone who doesn’t have full custody of their children, you need to delead if the children will be staying there regularly, such as on weekends. It's best to delead when the units are vacant to avoid extra costs like hotel fees.

In the case of a property transfer where a child under the age of six will reside in the property, the new owner is responsible for bringing the property into compliance on or before 90 days of the transfer of ownership. If the new owner brings the property in compliance before the 90th day, then the new owner is free from the strict liability, even if a child is identified with lead poisoning during the 90-day period. However, if the owner does not comply with the lead law until 91st day, and a child living in the property is identified with lead poisoning during the 90-day period, then the owner is subjected to strict liability going back to the date of purchase. This a program designed to help new buyers.

Before buying a property, always check its lead paint status. You can do this by visiting Massachusetts Lead History or by hiring a Massachusetts Licensed Lead Paint Inspector.

Tadas Bendaravicius · Answer

Hey Greg,Thanks for the question. There is a common misconception about deleading cost and how it can be done.It varies from situation to situation, it could be as simply as covering hazardous element with some plywood or metal, or it could be some replacement doors/windows and making paint intact. It has changed a lot with new 2017 deleading standards. To be compliant you dont have to scrape walls or do extensive repairs in most cases. Your focal points are accessible/mouthable surfaces such as window sills, handrails and frictions surfaces such as doors, windows or stairs. Other leaded surfaces has to be intact, it means no pealing or flaking paint.

Colleen F. · Answer

@Tadas Bendaravicius what I meant by if you have to replace one window you have to replace them all is that it is unlikely they painted only one window in a house with lead paint. But I get your point. It also has to be done in 90 days if you buy(it just took me about 4 months to get windows). not sure if the state has any leeway. One other MA change on the health care side is they have lowered lead levels of children on which action from the state will be taken in MA so more people with see health department intervention earlier that has it upsides.

Tadas Bendaravicius · Answer

Not necessarily, if there is only one window which is hazardous then you replace only that, but of course its up to the owner how extensive repairs he wants to do.Yes, on siding or repainting of exterior i will agree on that. If its a small area which has to be made intact its not a big deal, but if it is extensive area to be worked on, it might get pricy, it all depends from situation. Covering up to 5' interior walls is not a thing anymore in massachusetts since 2017. There are new regulations. Interior walls has to be intact right now, meaning now peeling, loose, flaking paint or like you said you can cover it up in appropriate manner. Please let me know if i can help you in anyway.

Colleen F. · Answer

@Tadas Bendaravicius If you have to replace one window, you have to replace them all, I think you are saying that is true in MA as well? And yes I know no chipping paint but you know if you have done exterior paint on older buildings that is the bigger source of remediation costs doing it right or residing. Not just covering up to 5 feet on the interior walls. Not that it shouldn't be done but just pointing out the biggest cost drivers.

Tadas Bendaravicius · Answer

Hello Colleen,I am not sure about RI Lead Law, To replace window is not to expensive fix, but if you have a lot of windows to replace it ads up.... If you see old wooden windows in a multi family building, it is very likely to contain lead. Regarding exterior painting standard is no loose paint.

Colleen F. · Answer

@Tadas Bendaravicius but isn't it like RI where the cost driver is old windows don't pass? so window replacement cost and exterior painting.

Greg Scott · Answer

Nice post. Just curious, what is a typical cost to de-lead a single family home? It sounds very expensive.