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Sellers or real estate agents who fail to comply with Property Transfer Lead Paint Notification requirements are subject to civil penalty under Massachusetts law, and both civil and criminal penalties under federal law.
Yes, you can start painting over lead paint and its safe. It forms a barrier against the toxins in the lead paint. However, its only safe and effective if the lead paints old finish is in good condition.
It is very important to remember that deleading a property does not mean that all lead has been removed. The law requires only that a landlord remove, repair, or cover cracked, chipped, peeling, or loose lead paint and that he remove or cover intact lead paint on surfaces that are easily accessible to young children.
The FHA/HUD official site reminds residents and landlords that the Lead Disclosure Rule requires home sellers and landlords of housing, built before 1978 to disclose to purchasers and potential tenants knowledge of lead-based paint or lead-based paint hazards using a disclosure form, signed by both parties, attached
You must first hire a licensed risk assessor who will explain what work needs to be done for interim control. After a risk assessor approves the work, you will receive a Letter of Interim Control. You then have up to 2 years to remove lead hazards and receive a Letter of Full Compliance.
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The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under 6 live. Lead paint hazards include loose lead paint, lead paint on windows and friction surfaces, and other surfaces accessible to children. Owners are responsible with complying with the law.
About 71% of all Massachusetts housing was built before 1978, the year when lead-based paint was banned for residential use. Only about 10% of that housing has been even partially deleaded, despite our 1971 Lead Law mandating removal or covering of lead hazards in homes built before 1978 where a child under 6 resides.
The federal lead-based paint disclosure regulations apply to residential sale or lease of properties built before 1978.
The Lead Law protects a childs right to a lead-safe home. It requires the removal or control of lead paint in houses with children under 6. If houses built before 1978 are being sold or rented, sellers, real estate agents, and owners who rent their homes are required to notify their buyers and tenants of lead risks.
Landlords must give prospective tenants of target housing, including most buildings built before 1978: An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).

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