I have some follow-up questions:
Originally posted by
@Derreck Wells:
"It is illegal in MA to rent a dwelling to a family with kids if you don't have a lead certificate on file with the state."
Where did you get this from? Can you please cite? This is what I have taken notes previously:
"Can an owner evict of refuse to rent to a family with children under six if there is lead paint in the home?
No. An owner cannot evict or refuse to rent to anyone because of lead paint. Discrimination is against the law and carries penalties.
From: http://www.mass.gov/eohhs/gov/departments/dph/prog...
Originally posted by @Derreck Wells:
"It's not advised against, it's flat out illegal and you can get fined or worse, if you do rent to a family and the child gets lead poisoning, you can lose the building to the tenant on top of the fines and civil lawsuit. Also, eating lead paint does not case cancer. Lead poisoning causes a whole host of problems, but cancer isn't one of them."
...
"I'm actually cringing reading that. Again, that would be illegal, not to mention extremely dangerous. If there has been a lead inspection and the landlord then scrapes the paint, they are performing "Unauthorized Deleading" (UD) and it's illegal and will result in large fines and the house being flagged as having UD done to it."
I am an electrical engineer by training and not a lawyer, therefore my wording my not be the most appropriate, and I do apologize in advance for that; however, what would you do if you cannot remove all the lead paint, read remove all wood from the house if you purchase a house with tenants in it already? You can also face a civil suit for discrimination in MA.
I also know there are companies that will remove lead without removing all house wood, perhaps you are one of those here listed: http://www.mass.gov/lwd/docs/dos/lead-asbestos/lea... even though I could not see your name there.
Originally posted by @Derreck Wells:
"So, I'll repeat, please don't listen to Flavio. Flavio, please stop telling people to do illegal stuff. Educate yourself on the lead laws or just don't comment on these posts. You can get someone in a lot of trouble."
I am not Derreck. I am just going by what de-leading companies have told myself and fellow landlords too - some are also members here. For example, encapsulation as a technique to remove lead is 100% legal in Massachusetts:
What is Encapsulation?
Encapsulation is a legal method of containing lead paint hazards under the Massachusetts Lead Law. An encapsulant is a special liquid coating that provides a long lasting, effective barrier over lead paint. Regular paint is NOT an encapsulant. Home owners must have a lead inspection by a Licensed Massachusetts lead inspector BEFORE they apply encapsulants as a deleading method.
From: http://www.mass.gov/eohhs/gov/departments/dph/prog...
Bottom line: it's always good to be well informed and follow the law. However, it can get confusing sometimes as we can see here!
Flavio