Lead Paint Laws (Federal and State)
Federal Requirements: Lead Safe Housing Rule
24 CFR Part 35 - This refers to Title 24 (Housing and Urban Development) of the Code of Federal Regulations, Part 35 (Lead-Based Paint Poisoning Prevention in Certain Residential Structures).
The Lead Safe Housing Rule (LSHR), as established by the U.S. Department of Housing and Urban Development (HUD), is a regulation designed to protect young children from lead-based paint hazards in certain types of housing.
Purpose:
The primary goal of the LSHR is to ensure that federally owned or assisted housing built before 1978 is safe from lead-based paint hazards for young children. This is achieved through preventive measures aimed at reducing exposure before poisoning occurs.
Key Aspects:
Target Housing: The rule generally applies to housing built before 1978 ("target housing"). The year 1978 is relevant because that's when lead-based paint was banned nationwide for consumer use.
Federally Owned/Assisted Housing: The LSHR covers target housing that is either federally owned or receives federal assistance. See the requirements you must meet as an owner of housing assisted by the Section 8 program here.
Elevated Blood Lead Level (EBLL): The LSHR addresses situations where a child under six in a HUD-assisted target housing unit has an elevated blood lead level (EBLL).
HUD is updating the EBLL threshold from 5 micrograms per deciliter (µg/dL) to 3.5 µg/dL, aligning with the CDC's reference value. This change will lead to earlier environmental investigations and lead hazard control actions.
See HUD’s guidance for responding to a child under 6 with an elevated blood lead level here.
Required Actions: If a child in covered housing has an EBLL, the responsible party must arrange for an environmental investigation to identify lead-based paint hazards and then control those hazards according to HUD and EPA standards.
Disclosure Requirements: Landlords renting pre-1978 housing must inform tenants about known lead-based paint hazards and provide the LSHR pamphlet and disclosure forms.
Landlord Responsibilities: Landlords of covered target housing are responsible for adhering to the LSHR, including responding to EBLL cases and ensuring lead-safe practices during renovations.
HUD provides a checklist, used by BHA, that can be useful for understanding the requirements under the Lead Safe Housing Rule. Click here to review.
Massachusetts Lead Law
In Massachusetts, the Lead Law requires property owners to address lead paint hazards in homes built before 1978 where children under 6 live. This involves either removing or covering lead paint, especially on surfaces accessible to children. Landlords cannot discriminate against families with children due to lead paint concerns and must disclose lead paint information to tenants.
The Department of Public Health has regulations that interpret and implement this law at 105 CMR 460.000: Lead Poisoning Prevention and Control.
Key aspects of the Massachusetts Lead Law:
Notification: Landlords must provide prospective tenants with a Tenant Lead Law Notification form, along with any lead inspection reports or compliance letters, before signing a lease.
Abatement: If a child under 6 lives in a pre-1978 home, the property owner must address lead paint hazards, which may involve removal, encapsulation, or other methods.
Discrimination: It is illegal for landlords to discriminate against families with children due to lead paint concerns, including refusing to rent or evicting tenants because of lead paint.
Retaliation: Landlords cannot retaliate against tenants for reporting lead paint hazards or requesting inspections, according to Mass.gov.
Lead Screening: All children in Massachusetts must be screened for lead poisoning multiple times through age 3, with additional screenings if they live in high-risk areas or environments.
Renovations: When renovating, repairing, or painting in pre-1978 homes, property owners should hire lead-safe certified contractors.
Sales: Sellers must disclose any knowledge of lead paint to potential buyers before a sale.