Newton, MA Building Safety: Lead Paint (2026)
Key Facts
- Trigger
- Pre-1978 housing, child under 6
- Statute
- MGL c.111 s.197A
- Compliance
- Letter of Full or Interim Compliance
- Disclosure
- Required at sale and lease
- Liability
- Strict; treble damages available
Summary
Under MGL c.111 s.197A, pre-1978 Newton homes with children under 6 must be de-leaded; sellers and landlords must disclose and comply with state Lead Law.
Section 197A. Prospective purchasers of premises shall be notified about the hazards of lead in paint, plaster or other accessible structural material in premises and the requirements for their abatement or containment as follows:— (a) The director shall prepare a standard notification form and such other materials as may be necessary to inform prospective purchasers about the possible presence of dangerous levels of lead in such premises, the symptoms and treatment of lead poisoning, and the requirements of the lead law and regulations, including the provisions concerning liability for failure to abate or contain lead hazards and prohibitions against unlawful discrimination. (b) 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. (e) 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. A violation of this section by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section two of chapter ninety-three A.
Full Breakdown
The Massachusetts Lead Law, MGL Chapter 111 Section 197A, is among the strictest in the nation and applies to all Newton housing built before 1978 where a child under age 6 lives. Property owners must remove or cover lead paint, dust, and soil hazards and obtain a Letter of Full Compliance or Letter of Interim Control issued by a licensed lead inspector. Removal of high-risk surfaces (windows, doors, floors) typically must be done by a state-licensed deleader, while low-risk work can be done by owners trained under the Moderate Risk Deleading program. Landlords cannot refuse to rent to families with young children because of lead paint (that is illegal discrimination under MGL c.151B). Sellers and landlords must deliver the Property Transfer Lead Paint Notification and the federal EPA/HUD lead disclosure pamphlet before any sale or lease. Violations carry treble damages and strict liability for childhood lead poisoning.
Frequently Asked Questions
Can a Newton landlord refuse to rent to families with kids?
Who can remove lead paint in my Newton home?
Sources & Official References
Other rules in Newton
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Lead Paint in Nearby Cities
How other cities in this county handle lead paint.