Massachusetts Courts | Legal Forms – Tenant Lead Law Notification

Tenant Lead Law Notification Form – Massachusetts Courts

The Tenant Lead Law Notification and Tenant Certification Form is required for compliance with both Massachusetts and federal lead notification requirements. It ensures that property owners and tenants are informed about the presence and risks of lead-based paint in rental properties built before 1978.

Key Requirements

1. Documentation
   • Before renting a home built before 1978, both the property owner and the tenant must sign two copies of this form.
   • The property owner must provide the tenant with one signed copy.
   • If available, the tenant must also receive copies of the following documents: lead inspection or risk assessment report, Letter of Compliance, or Letter of Interim Control.
2. Health Risks of Lead Poisoning
   • Lead poisoning is particularly dangerous for children under six years old, causing permanent damage to the brain, kidneys, nervous system, and red blood cells.
   • Pregnant women and adults can also suffer from lead poisoning, which can result in complications during pregnancy, reproductive issues, high blood pressure, memory problems, and muscle and joint pain.

3. Sources of Lead Poisoning
   • Lead is commonly found in paint used in homes built before 1978.
   • Lead poisoning in children primarily occurs through the ingestion of lead paint dust and chips from deteriorating surfaces.
   • Additional sources include soil and water contaminated with lead.

4. Prevention and Testing
   • Regular blood testing is essential to detect lead poisoning, especially in children who should be tested yearly from nine months to four years old.
   • Preventive measures include maintaining painted surfaces, regular cleaning, and ensuring that any home repairs are done safely to minimize lead dust exposure.

5. Deleading Requirements
   • Homes built before 1978 where children under six years old reside must be inspected and deleaded if lead hazards are identified.
   • Only licensed professionals may perform high-risk deleading tasks.

Form Components

• Federal Lead Warning Statement: Notifies tenants about the potential presence of lead-based paint in homes built before 1978 and the associated health risks.
• Owner’s Disclosure
  • Presence of lead-based paint hazards.
  • Availability of records or reports related to lead-based paint.
• Tenant’s Acknowledgment
  • Confirmation of receipt of documents and information about lead hazards.
• Agent’s Acknowledgment: Ensures the owner/lessor is informed about their legal obligations regarding lead disclosure.
• Certification of Accuracy: All parties (owner/lessor, tenant, and agent) must sign to certify the accuracy of the provided information.
• Owner/Managing Agent Information: Contact details for the property owner or managing agent.

Important Notes

• Both the tenant and the owner must retain a completed and signed copy of this form.
• Discrimination against families with children due to the presence of lead paint is prohibited under the Massachusetts Lead Law.

This guide helps property owners, agents, and tenants properly complete the Tenant Lead Law Notification and Tenant Certification Form, ensuring compliance with Massachusetts and federal lead notification requirements.

Step-by-Step Instructions

1. Federal Lead Warning Statement

Read the warning statement that notifies tenants about the potential presence of lead-based paint in homes built before 1978 and the associated health risks. No action is needed for this section other than understanding the information.

2. Owner’s Disclosure

• Presence of Lead-Based Paint and/or Lead-Based Paint Hazards:
  • Check Box (i) if known lead-based paint and/or hazards are present. Provide a brief explanation in the space provided.
  • Check Box (ii) if there is no knowledge of lead-based paint and/or hazards.
• Records and Reports Available to the Owner/Lessor:
  • Check Box (i) if the owner has provided the tenant with all available records and reports related to lead-based paint. Circle the appropriate documents (Lead Inspection Report, Risk Assessment Report, Letter of Interim Control, Letter of Compliance).
  • Check Box (ii) if there are no records or reports related to lead-based paint.

3. Tenant’s Acknowledgment (Initials Required)

• Section (c): The tenant must initial if they have received copies of all documents circled in the Owner’s Disclosure section.
• Section (d): The tenant must initial if they have not received any documents listed in the Owner’s Disclosure section.
• Section (e): The tenant must initial to confirm they have received the Massachusetts Tenant Lead Law Notification.

4. Agent’s Acknowledgment (Initials Required)

• Section (f): The agent must initial to confirm they have informed the owner/lessor of their obligations under federal and state law for lead-based paint disclosure and notification.

5. Certification of Accuracy

• Owner/Lessor Signatures: The owner/lessor must sign and date the form, confirming the accuracy of the information provided.
• Tenant Signatures: The tenant must sign and date the form, confirming receipt and understanding of the provided information.
• Agent Signatures: If applicable, the agent must sign and date the form to verify their role in ensuring compliance.

6. Owner/Managing Agent Information for Tenant (Please Print)

• Fill Out Contact Information
  • Provide the name, street address, apartment number (if applicable), city/town, zip code, and telephone number of the owner or managing agent.

7. Tenant Refusal to Sign (If Applicable)

• Certification of Tenant Refusal
  • If the tenant refuses to sign the form, the owner/managing agent should certify that they provided the necessary documents and indicate the tenant’s reason for refusal in the provided space.

Additional Notes

• Both Parties Keep Copies: Ensure that both the tenant and the owner retain a completed and signed copy of the form.
• Preventing Discrimination: Remember that the Massachusetts Lead Law prohibits rental discrimination, including refusal to rent to families with children or eviction due to lead paint.

Contact Information for Further Assistance

For more information or assistance, you can contact:

• Childhood Lead Poisoning Prevention Program (CLPPP): 1-800-532-9571 or visit www.mass.gov/dph/clppp
• Local Board of Health: Check www.mhoa.com/roster.htm for contact details.
• U.S. Consumer Product Safety Commission: 1-800-638-2772 or visit www.cpsc.gov
• U.S. Environmental Protection Agency, Region I: 617-918-1328 or visit www.epa.gov/lead/
• Massachusetts Department of Labor and Workforce Development: 617-626-6960 for a list of licensed deleaders.
• National Lead Information Center: 1-800-424-LEAD (5323) for general lead poisoning information.

By following these instructions, all parties can ensure that the Tenant Lead Law Notification and Tenant Certification Form is completed accurately and in compliance with legal requirements.