Lead paint questions (in MA)

[Julie Halloran]

I just purchased my first multi-family (in Belmont) and have a couple of questions about lead paint. I've heard that the laws around lead paint in Massachusetts are changing December 1st, and that it could make it easier and less costly to remediate lead hazards. Does anyone have any info on the changing lead laws and what that might do for a landlord/homeowner? Also, I'm looking for opinions on what to do regarding doing a lead inspection or not. The house has never been inspected, but it was built in 1924 so I'm assuming there's lead. I've heard once you inspect, you have opened yourself up to liability if you don't then remediate. But, without inspecting, I have no idea what it might cost to remediate, so it seems like a catch 22! Belmont is appealing to families with children, so ideally I would like to get that deleaded certificate. But having no idea of the final costs, it's scary to open that can of worms. What would you do?

[Charlie MacPherson]

@Julie Halloran I have not heard about December 1 changes to the state or federal laws.

As an MFR owner, you have the legal obligation to REMEDIATE (not just disclose) if there is going to be a child 6 years old or younger living in one of your units.

In MA, you cannot refuse to rent to tenants because they have such a child in their household.  That's age discrimination and is a can of worms best not opened.

However, whether you inspect or not, you have liability if lead paint causes injury.  

The amount of ingested lead paint required to cause actual brain damage to a child is surprisingly small - about the size of a quarter.  Worse, it's cumulative over a lifetime.  A bit of exposure here and a bit more there and you have a perfectly healthy child who now has actual brain damage.

Sad to say, but the time for the lead paint disclosures was BEFORE you bought it.  Not after.

At this point, get it inspected.  If there is lead paint, get it remediated and chalk it up to an education.

It's neither easy nor cheap, but it's worth not doing real, lasting damage to someone else's kid.