It is vital that all tenants, owners and real estate professionals understand their rights and obligations under Massachusetts Lead Paint and Antidiscrimination laws.
The use of lead in residential paint was banned in 1978 because of the harmful effects it has on the health of children, but Massachusetts properties built before this date may contain lead paint. Precautions must be taken to prevent children from coming into contact with lead or there may be serious risks and side effects including behavioral problems, learning disabilities, slowed growth, and damage to the brain and nervous system.
As the risk is greatest for children under six years old, property owners are obligated to delead their rental units when they are occupied by children under this age. It is a violation of Massachusetts law for a property owner or real estate agent to refuse to rent to a tenant because he/she has a child under the age of six. This also applies to owner-occupied two-family or multi-unit properties. Furthermore, a property owner or real estate agent cannot refuse to show a tenant a property because it contains lead paint nor can they steer a tenant toward deleaded properties. It is illegal housing discrimination for anyone to post advertisements that are designed to steer or prohibit families with children under six from certain properties because of lead paint. Landlords are also prohibited from taking adverse or retaliatory action against any tenant who complains about lead paint. For more information on housing discrimination related to lead paint, see the Attorney General’s new advisory on this issue.
If you believe you have been a victim of housing discrimination, contact the Massachusetts Commission Against Discrimination at (617) 994-6000. Your complaint may result in monetary restitution and will help prevent future illegal housing discrimination. To search for the inspection histories of Massachusetts properties check out Lead Safe Homes .
For more information, contact the following organizations:
Boston Fair Housing Commission at (617) 635-2500
Cambridge Human Rights Commission at (617) 349-4396
Civil Rights Division of the Attorney General’s Office at (617) 727-2200
For more information on Childhood Lead Poisoning, contact the Massachusetts Department of Public Health.
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