What Owners, Landlords, and Property Managers Need to Know
By: Howard S. Goldman, Esq.
While lead-based paint, having been banned in 1978, may seem like a distant memory for most of us, the presence of lead-based paint in older condominiums and apartment buildings poses some very real challenges for landlords and property managers today. The state and federal laws with respect to lead-based paint set up a strict set of rules for residential property owners and managers which must be adhered to closely in order to avoid large fines and other potential legal ramifications.
These requirements pose a variety of problems for property owners and managers. In addition to the requirements of deleading, the Lead Laws also prevent any landlord or property manager from evicting or refusing to rent to a family that has a child under the age of six. This provision was added to the law to prevent housing discrimination. Landlords who are found to be in violation of this provision can be subjected to significant financial penalties.
As applied to condominiums, a single unit owner or tenant who has a child under six years old may cause the condominium owners’ association to pay for deleading of certain portions of the common areas and other unit owners to pay for the deleading of certain unit owners’ exterior features which are accessible to children (i.e. windows). Should such a situation present itself, it is important to carefully analyze the master deed and declaration of trust for the condominium, in order to determine which impacted or accessible lead hazards may be attributable to individual unit owners, and which hazards are in common areas can be attributable to the association as a whole.
About the Author
Attorney Howard S. Goldman is the founding partner of the law firm of Goldman & Pease LLC, 160 Gould Street, Needham, Massachusetts 02494 (781) 292-1080, hgoldman@goldmanpease.com. Goldman & Pease LLC provides experienced, professional legal counsel in corporate and business law, real estate and civil litigation. The firm provides legal planning and counseling to help clients avoid problems by addressing changing circumstances and by anticipating future opportunities.
Mr. Goldman concentrates his practice in the areas of real estate, finance, and civil litigation, where he represents property managers, lending institutions, developers, and contractors for more than thirty years. He is an active member of the Massachusetts, Norfolk, and Rhode Island Bar Associations in his field and is also an active member of CAI and IREM, where he frequently lectures and writes columns affecting the real estate and finance industries. Mr. Goldman serves as a member of the Zoning Board of Appeals for the Town of Needham and as a court appointed mediator at the Boston Municipal Court and as a pro bono advocate at Federal District Court mediations.
This Client Update is designed to provide accurate and authoritative information in connection with the subject matter covered, but it should not be construed as legal advice or legal opinion on any facts or circumstances. You are urged to consult an attorney concerning your own situation and any specific legal questions you may have.