Boston, MA Building Safety: Lead Paint (2026)
Key Facts
- Statute
- MGL Ch. 111 §§189A-199B
- Regulation
- 105 CMR 460
- Trigger
- Child under 6 + pre-1978 unit
- Damages
- Triple + fees
Summary
Owners of Boston rental units built before 1978 must comply with the Massachusetts Lead Law (MGL Ch. 111 §§189A-199B) and 105 CMR 460, deleading or interim-controlling units occupied by children under six.
All persons selling premises shall, prior to the signing of a purchase and sale agreement, provide a copy of the form and other materials prepared pursuant to subsection (a) to the prospective purchaser... such seller and any real estate agent involved in the sale shall disclose to the prospective purchaser any information known to the seller or real estate agent about the presence of paint, plaster, or other accessible structural materials containing dangerous levels of lead in the premises... Any owner who fails to comply with the provisions of this section shall be liable for all damages caused by the failure to comply and, in addition, shall be subject to assessment of a penalty not to exceed one thousand dollars.
Full Breakdown
Boston enforces the Massachusetts Lead Law alongside the federal Title X disclosure rule. For pre-1978 housing, MGL Ch. 111 §197 requires owners to delead or bring under interim control any unit where a child under six resides, regardless of whether elevated blood lead has been detected. Owners must provide tenants the Tenant Lead Law Notification at lease signing. Deleading must be performed by a licensed deleader or, for limited covered surfaces, by a trained owner-occupant. The Boston Public Health Commission Childhood Lead Poisoning Prevention Program partners with the state Childhood Lead Poisoning Prevention Program to inspect homes when a child tests positive and orders compliance.
Violations & Fines
Violations under MGL Ch. 111 §199 expose owners to triple damages, attorney fees, and BPHC enforcement orders; failure to disclose under 105 CMR 460 may also be enforced as a deceptive practice under MGL Ch. 93A.
Frequently Asked Questions
Do I have to delead my Boston rental?
Can I refuse to rent to families with children to avoid deleading?
Sources & Official References
Other rules in Boston
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