Robert is a landlord in Boston who owns a 1960s-era apartment building. He recently rented a unit to a family with a five-year-old child. Three months later, the child is diagnosed with elevated blood lead levels. The parents notify Robert. Under Massachusetts law, which of the following most accurately describes Robert's legal exposure?
Correct Answer
B) Robert may be liable under MGL Chapter 111 for failing to de-lead or apply interim controls after a child under six moved in, and may also face liability under MGL Chapter 93A for unfair or deceptive conduct
Under MGL Chapter 111, Section 197, Robert had an obligation to de-lead or apply interim controls once a child under six moved into the unit. His failure to do so creates liability under the Massachusetts Lead Paint Law. Additionally, under MGL Chapter 93A, failure to disclose known hazards and failure to remediate a known danger to a child can constitute an unfair or deceptive act or practice, exposing Robert to double or treble damages and attorney's fees.
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A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
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