Raising Rent for Deleading

[Robert Ortiz]

I've brokered lots of rental deals where the tenant is requesting the landlord to do extra work or make improvements. Could be installing a dishwasher or laundry, refinishing floors and painting, or even more extensive like requesting a newly renovated bathroom or kitchen. Sometimes these negotiations do not result in a rent increase, sometimes they do. It usually depends on what the asking rent was to begin with (if it was already at full market or discounted because of the flaws) and also the overall cost of the improvement/renovation and what that does to the fair market value. For instance, a landlord I know had a unit at first was going to be offered as is for $1800 but after a $45K renovation upped it to $2500. So, where I'm going with this is: is it fair to also increase the rent if a tenant requests the unit/building to be deleaded? I know in my state, the laws says the landlord may not "retaliate." But such a rent increase should not be considered retaliation. And the reason is simple: in Massachusetts, for one, all houses built after 1978 (when lead paint was out lawed) generally have a higher fair market value, even compared to a newly renovated unit built in, say 1975. And the reason for that is "lead free" or "deleaded" units are more marketable. That segment of the market is grossly undersupplied but well-demanded. Additionally, the cost to delead can sometimes exceed $10K---which is like putting in a new bathroom. I think most agree that if they could rent a unit for $1700 with an old bathroom, they should be able to get $1800-1900 with a new $10-15K bathroom right? So what would you say about the value of that same apartment, $1700 lead unknown---is it worth $1900 or so with a deleading and lead certificate? Is this fair? Legal? I can't really find the answer elsewhere.