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Mandated DisclosuresLead_paint_disclosure_and_deleadingEASY

James owns a rental property in Springfield that was built in 1955. His new tenants have a four-year-old child who will be living in the unit. Under Massachusetts law, what is James's obligation regarding lead paint?

Correct Answer

C) James must de-lead or apply interim controls to the property because a child under six will reside there

Under MGL Chapter 111, Section 197, when a child under six years of age resides in a property built before 1978, the owner is legally required to de-lead or apply interim controls. The four-year-old child triggers this mandatory obligation regardless of whether the property is being sold or whether a formal lead inspection has been completed.

Answer Options
A
James must disclose the potential presence of lead paint but has no obligation to remediate
B
James must apply for a variance from the local Board of Health before taking any action
C
James must de-lead or apply interim controls to the property because a child under six will reside there
D
James must de-lead the property only if a lead inspection confirms the presence of lead paint above federal action levels

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Related Topics & Key Terms

Key Terms:

lead_paintdeleading_obligationchild_under_sixlandlord_obligationrental_property

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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