Bay State property owners of homes built before 1978 could be subject to increased costs and regulation under new legislation filed on Beacon Hill that seeks to amend the Commonwealth’s lead paint law. Specifically, a measure introduced by state Senator Patricia Jehlen (D-Somerville) seeks to require all persons selling properties constructed on or before January 1, 1978 “to conduct an inspection for dangerous levels of lead at their expense prior to the signing of a purchase and sale agreement.” In addition, the bill seeks to require all landlords to perform inspections of all rental units built prior to January 1, 1978 before any change in tenancy or once in a two-year period, whichever is less.
Currently, Massachusetts law requires that prospective purchasers and tenants of residential property built prior to 1978 be provided with a notification form regarding the presence of lead-based paint in the housing. Furthermore, the law allows prospective buyers 10 days in which to have a lead inspection performed and if lead is discovered, the buyer may withdraw from the sales transaction.
Draft language in the bill also would revise existing law to stipulate that de-lead certificates only be good for two years, whereas today a Letter of Compliance is considered to be valid indefinitely (and a Letter of Interim Control is valid for one year with the ability to renew for a second year), provided the property owner makes reasonable efforts to ensure the home is in good repair, principally by making sure there is no chipping or peeling lead paint. Finally, if passed, the bill would require soil and tap water to be tested as part of any lead inspection.
The proposed legislation will create additional hardship and expense for local property owners who already face some of the toughest public health statutes in the U.S. regarding lead paint law enforcement, according to REALTORS® and officials with the Greater Boston Real Estate Board, who intend to oppose the initiative.