Massachusetts owner guide
The Massachusetts lead paint law for rental owners, explained
If a child under six lives in a Massachusetts home built before 1978, the owner must have the unit deleaded or brought under interim control by licensed professionals, and every tenant in a pre-1978 unit must receive the state's Tenant Lead Law Notification. Owners cannot refuse to rent to a family with a young child to avoid the work; that is discrimination. The law is M.G.L. c. 111, ss. 189A to 199B and the regulations are at 105 CMR 460. Most buildings in Lynn, Salem, Chelsea, Haverhill, Lowell and the other older cities we serve are pre-1978, so this is routine work for us.
When the law applies
- The unit was built before 1978 (most of the North Shore's multi-family housing was).
- A child under six lives there, or is going to. The obligation is triggered by residence, not by a lease clause.
- Both the unit and the common areas the child uses are covered.
Two ways to comply
Full deleading
A licensed lead inspector identifies the hazards, a licensed deleader removes, covers or makes them intact, and the inspector issues a Letter of Full Deleading Compliance that stays with the unit as long as it is maintained.
Interim control
A licensed risk assessor identifies urgent hazards, those are corrected, and a Letter of Interim Control is issued. It is good for one year and can be renewed once, which gives an owner up to two years to reach full compliance.
Low-risk work can be done by the owner or the owner's agent, moderate-risk work needs state-approved training first, and high-risk work needs a licensed deleader. A Massachusetts income tax credit is available for deleading costs; ask your accountant for the current amount.
The tenant notification
Before a tenant signs for any pre-1978 unit, the owner gives the Tenant Lead Law Notification and Certification form, any inspection reports or compliance letters for the unit, and the tenant signs the certification. The owner keeps the signed form in the file. This applies whether or not a child lives there.
Why owners cannot ignore it
An owner is strictly liable for a child's lead poisoning in a unit that was not in compliance, and insurance may not cover it. Refusing a family with a young child, or pushing them out to avoid deleading, violates state and federal fair housing law. The safe path is to know each unit's status, keep the paperwork, and plan the work before a family with a young child applies.
How Copper Bottom handles lead paint
We keep the lead status and every compliance letter for each unit we manage, give the notification form at every lease signing, and work with licensed inspectors and deleaders when a unit needs work. When we take over a building, finding out the lead status of every unit is part of the first 30 days.
Lead paint questions
Do I have to delead if no child lives in the unit?
Not until a child under six lives there, but you still have to give every tenant the Tenant Lead Law Notification for a pre-1978 unit, and you cannot refuse a family with a young child to avoid deleading.
How long does interim control last?
One year, renewable once, so up to two years before full compliance is required.
Can I do the deleading myself?
Low-risk work, yes. Moderate-risk work only after state-approved training. High-risk work must be done by a licensed deleader.
Is there a tax credit for deleading in Massachusetts?
Yes, a state income tax credit for deleading costs. The amounts change; ask your accountant.
General information, not legal advice, checked in October 2026 against M.G.L. c. 111, ss. 189A to 199B and 105 CMR 460. The Massachusetts Childhood Lead Poisoning Prevention Program publishes the current forms and rules.
Official sources: Mass.gov: Learn about the Massachusetts Lead Law · Mass.gov: Massachusetts law about lead poisoning
Own a pre-1978 building?
We keep the lead, deposit and detector paperwork for the units we manage, from 6% of rent.