Federal Disclosure Requirements
Lead-Based Paint Disclosure
Under the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d):
- Landlords must disclose any known presence of lead-based paint in properties built before 1978.
- Provide tenants with the EPA pamphlet, "Protect Your Family from Lead in Your Home."
- Include a lead warning statement in the lease agreement confirming compliance with notification requirements.
Failure to comply may result in significant fines and legal penalties.
Massachusetts State Disclosure Requirements
Lead Paint Notification
Massachusetts law under the Lead Law (M.G.L. c. 111, § 190–199) requires landlords to:
- Provide two copies of the Tenant Lead Law Notification and Certification Form.
- Disclose any existing lead inspection or risk assessment reports.
- Supply Letters of Compliance or Interim Control, if applicable.
Statement of Condition
Under M.G.L. c. 186, § 15B, landlords who collect a security deposit must:
- Provide a detailed statement describing the condition of the unit, including any existing damages.
Identity of Owner and Agents
Landlords must disclose the name, address, and phone number of:
- The property owner.
- The person responsible for maintenance.
- The person authorized to receive legal notices (M.G.L. c. 186, § 22).
Security Deposit Details
According to M.G.L. c. 186, § 15B:
- Landlords must disclose the amount of the security deposit.
- Provide details about the bank and account where the deposit is held.
- Specify the interest rate for the account.
Asbestos Notification
- Landlords must inform tenants of the presence, location, and condition of asbestos in the building as per 105 CMR 410.750.
Flood Zone Status
- If the property is located in a federally designated flood zone, disclosure is required under 44 C.F.R. § 206.110(k).
Mold and Air Quality
- While Massachusetts does not have specific mold disclosure laws, landlords must ensure habitability under M.G.L. c. 239, § 8A.
Smoking Policy
- Landlords should disclose any smoking restrictions as required by M.G.L. c. 186, § 19.
Shared Utilities
- Under 940 CMR 3.17, landlords must disclose how utility costs are allocated when utilities are shared among units.
Outstanding Building Code Violations
- Landlords must disclose any existing building code violations under M.G.L. c. 93A.
Rights of Domestic Violence Victims
- Landlords must comply with M.G.L. c. 186, § 24 to ensure tenants are informed of their rights if they are victims of domestic violence.
Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
Effective Date: 23rd day of October 2023