Lead paint record effectiveness

[littleJoe]

What is the name of your state? MA

Dear Fellows:
There is a rental property, where an 20 year old de-lead complicance record can be found from the online state lead paint record. So this house was deleaded before. Is this house can be considered lead-paint safe for young children just like a house which was built 20 years ago or the owner should get a new inspection record? Thanks.

LJ

 

[Zigner]

What is the name of your state? MA

Dear Fellows:
There is a rental property, where an 20 year old de-lead complicance record can be found from the online state lead paint record. So this house was deleaded before. Is this house can be considered lead-paint safe for young children just like a house which was built 20 years ago or the owner should get a new inspection record? Thanks.

LJ

I'm assuming that you are asking in your capacity of a real estate agent. As such, you REALLY need to speak to an attorney and not rely on random strangers on the internet.

 

[adjusterjack]

Depends on what you mean by de-leaded.

Were all the paint layers stripped and the walls repainted or were they just recoated numerous times since 1978?

Apparently the law allows for either removal or "control."

Study up at:

The Massachusetts Lead Law | Mass.gov

 

[littleJoe]

Thanks for the all replies you have provided. Here let me clarify a bit:

This house was deleaded in 1992, in Massachusetts, all deleading inspection/compliance record can be found online through Mass Lead Safe web. In 1992, an inspection record was also shown online. So the owner is asking if this delead record is still effective or the owner needs to have another inspection?

 

[FarmerJ]

you know some of this might not be a issue any more, like were all the windows and the tracks they slid in replaced in 1992 or sooner ? are the wood trims around doors and windows and baseboards pre 1992 ( EG in one room upstairs this house still has its 122 year old baseboards) Some of this may be common sense such as every window and door was replaced and all the baseboards and trims so its good odds that the abatement work done should still stand as valid. if the house has any trims left that are old and i mean old enough to have been painted before 78 then maybe having the oldest trims tested would be the best bet BUT you could compare , the cost of test VS the cost of consulting a Attorney and if the testing and attys fees are reasonable then do both so that way every thing is covered and then it can become a selling point.

 

[Zigner]

Thanks for the all replies you have provided. Here let me clarify a bit:

This house was deleaded in 1992, in Massachusetts, all deleading inspection/compliance record can be found online through Mass Lead Safe web. In 1992, an inspection record was also shown online. So the owner is asking if this delead record is still effective or the owner needs to have another inspection?

How would your client feel if she/he/they knew that you were asking these questions on an internet forum instead of relying on proper legal advice specific to the matter?

 

[quincy]

What is the name of your state? MA

Dear Fellows:
There is a rental property, where an 20 year old de-lead complicance record can be found from the online state lead paint record. So this house was deleaded before. Is this house can be considered lead-paint safe for young children just like a house which was built 20 years ago or the owner should get a new inspection record? Thanks.

LJ

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting or leasing pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

What a landlord should do is provide all tenants with a disclosure of information on lead-based paint and lead-based paint hazards in rental or leased properties and have all tenants acknowledge receipt of this information and the federally approved pamphlet.

The lessor’s obligation to disclose lead hazards comes from 42 U.S.C. 4852(d):

https://www.law.cornell.edu/uscode/text/42/4852d

If you are concerned that the condition of the home no longer meets compliance with the lead-paint requirements and needs additional de-leading, you should have it inspected.

 

[stealth2]

How would your client feel if she/he/they knew that you were asking these questions on an internet forum instead of relying on proper legal advice specific to the matter?

I'm asking because I don't know, and it's too early in the am to do the research. But..... could this be a valid reason for the owner to break any contract they signed with @littleJoe?

 

[Zigner]

I'm asking because I don't know, and it's too early in the am to do the research. But..... could this be a valid reason for the owner to break any contract they signed with @littleJoe?

Probably not - I doubt that there's a clause in the contract restricting him from asking random strangers for the answers to his questions.

 

[quincy]

I'm asking because I don't know, and it's too early in the am to do the research. But..... could this be a valid reason for the owner to break any contract they signed with @littleJoe?

There is a difference between renting a property and selling a property. Renting puts the burden of lead paint disclosure on the landlord. Selling puts the burden of lead paint discovery on the buyer, although any known lead hazards in the latter case need to be disclosed on the seller’s disclosure sheet when a house goes on the market.

A renter can back out of a lease agreement if the law’s requirements on lead paint disclosure are not followed. A home buyer would want to include a “contingency” clause in any purchase agreement that allows for termination of the agreement upon an unsatisfactory inspection report.

 

[littleJoe]

Thanks again for all of you.

 

[quincy]

Thanks again for all of you.

We all appreciate the thanks, littleJoe, so thank you.