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*** Property Transfer Lead Paint Notification ***
*** Tenant Lead Law Notification ***
*** Short Term Vacation or Recreation Rental Exemption Form ***
*** Regulations 105 CMR 460.000 ***
For requirements regarding
the Lead Paint Forms, see below.
Property Transfer Lead Paint Notification,
Property Transfer Certification Form:
Under Massachusetts
and federal law, owners and real estate agents must comply with Property Transfer Lead Paint Notification requirements when
a prospective buyer or tenant with an option to buy is about to purchase a home built before 1978.
The aim of this
requirement is to inform prospective buyers about:
- The danger lead paint poses to children and adults
- Lead poisoning prevention steps
- The requirements of the Lead Law
To comply with both state and federal requirements, sellers and real
estate agents must provide the Property Transfer Lead Paint Notification to a prospective buyer before signing a purchase
and sale agreement, a lease with an option to purchase, or a memorandum of agreement used in foreclosure sales. In addition,
they must:
- Provide a copy of any lead inspection report, risk assessment report, Letter of Compliance, or Letter of Interim Control.
- Tell the buyer anything they know about lead in the home.
- Tell the buyer that, under the Lead Law, a new owner of a home built before 1978 in which a child under six will live
or continue to live must have the home either deleaded or brought into Interim Control within 90 days of taking the title.
- Sign, and have the buyer sign, the certification page of the Property Transfer Lead Paint Notification, which contains
a checklist to ensure that the buyer has been fully notified of the requirements of the Lead Law.
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.
A copy of the notification is available above in PDF format. It's also
available to the public on the website of the Mass. Dept. of Public Health.
Tenant Lead
Law Notification
Under Massachusetts
and federal law, owners must comply with Tenant Notification requirements when a prospective tenant is about to rent a home
built before 1978, whether they have a child under six or not. The aim of this requirement is to inform tenants about:
- The danger lead paint poses to children and adults
- Lead poisoning prevention steps
- The requirements of the Lead Law
To comply with
both the state and federal Tenant Notification requirements, the owner must supply the prospective tenant the following documents
before entering a rental agreement:
- Two copies of the Tenant Notification and Tenant Certification Form (one
for the owner to keep and one for the tenant to keep)
- A copy of the most recent lead inspection or risk assessment report for the
rental unit, if one exists
- A copy of any Letter of Compliance or Letter of Interim Control for the rental
unit, if it exists
Tenant and owner
must each keep a completed and signed Tenant Certification Form, which certifies that the tenant has received the information.
Owners who fail to comply
with Tenant Notification requirements are subject to civil penalty under Massachusetts law, and both civil and criminal penalties
under federal law.
A copy of the notification is available above in PDF format. It's also available to the public in English and Spanish on the website of the Mass. Dept. of Public Health.
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