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Massachusetts Law About Lead Poisoning and Control

Massachusetts Laws

Massachusetts Regulations

Federal Laws

Federal Regulations

Forms

Lead Paint Forms

Selected Case Law

Al-Ziab v. Mourgis, 424 Mass. 847 (1997) A landlord's violation of the lead paint statute does not, without a showing of at least negligent conduct by the landlord, constitute a violation of the statutory covenant of quiet enjoyment for purposes of awarding attorney's fees

Bencosme v. Kokoras, 400 Mass. 40 (1987) Owners of residential property are strictly liable for injuries sustained under the lead paint act.

Massachusetts Rental Housing Association Inc. v. Lead Poisoning Control Director, 49 Mass. App. Ct. 359 (2000) Sodium sulfide test is economical, convenient and endorsed by other testing authorities and thus has a rational basis. Notice to prospective tenants published by Dept. of Public Health is factually accurate and legally correct.

Other Web Sources

Childhood Lead Poisoning Prevention Program, Mass. Dept. of Public Health. Includes information on the health affects of lead poisoning, deleading, finding a licensed professional, and more.

Lead in Paint, Dust or Soil, US Environmental Protection Agency. Links to federal laws, regulations and resources on lead paint, including federal regulations effective April 22, 2010 requiring "contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978" be certified.

Lead Paint Removal, Citizen Information Service. Explains the legal obligations of landlords and owners. For example, "An owner cannot evict or refuse to rent to anyone because of lead paint, enforceable by the MA Commission Against Discrimination."

Legal Tactics: Self Defense for Tenants in Mass., Chapter 9: Lead Poisoning, Mass. Law Reform Institute, 2008. Includes how to have children testing, how to have your home testing, de-leading, and legal remedies for tenants.

Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, Environmental Protection Agency. "Beginning April 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination." This pamphlet explains the requirements in plain English.

Print Sources

"Landlord's Liability for Injury or Death of Tenant's Child from Lead Poisoning," 19 ALR 5th 405.

Liability and Lead Paint Litigation, MCLE, 2005.

Massachusetts Practice, vol. 10-10C (Procedural Forms Annotated) West Group, 2009 with supplement, sec. 38:12, 42:63, 79:65; vol. 15-16B (Legal Forms) West Group, 2008 with supplement, sec. 22:10, 23:12, 24:83, 24:94, 24:98, 26:18, 32:19; vol. 33A-34 (Landlord and Tenant Law) West Group, 2000 with supplement, sec. 18:23-18:35, 21:48; vol. 36A (Consumer Law) West Group, 2010 with supplement, sec. 29:38-29:48; vol. 37A (Tort Law) West Group, 2005, sec. 18.6.

Massachusetts Premises Liability, MCLE, 2004, chapter 5.

"No 'rush to courthouse' Predicted in Wake of Landmark Paint Verdict: challenging manufacturers too arduous for solos." 34 Massachusetts Lawyers Weekly 1521 (March 6, 2006).

Residential and commercial landlord-tenant practice in Massachusetts, MCLE, 2004, chapter 6.

Organizations


Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program
56 Roland Street, Suite 100
Boston, MA 02129
1-800-532-9571

Public health fact sheets, downloadable forms, introduction to the lead law, guides, and questions and answers available at their web site.

Massachusetts Department of Labor Standards (formerly Division of Occupational Safety)
Information for licenses, employees and consumers.

National Lead Information Center
1-800-424-LEAD
Provides the general public and professionals with information about lead hazards and their prevention. Funded by the Environmental Protection Agency, the Centers for Disease Control and Prevention, and the Department of Housing and Urban Development.

US Department of Housing and Development
Information on federal government programs, laws, regulations, pamphlets, publications, and links to other web sites.