Duty of residential premises owners to abate or contain lead paint

What this document is

Duty of residential premises owners to abate or contain lead paint: M.G.L. c. 111, s. 197 is a state statute published by malegislature.gov. It is one of the Massachusetts documents that insurance license exam questions are written from, including massachusetts property & casualty, massachusetts personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• M.G.L. c. 111, § 197(a) (Duty of residential premises owners; new owner's compliance window after change of ownership)

  “Except as provided in section one hundred and ninety-seven D, whenever any such premises containing said dangerous levels of lead undergoes a change of ownership and as a result a child under six years of age will become or will continue to be a resident therein, the new owner shall have ninety...”

• M.G.L. c. 111, § 197(b) (Strict liability immunity during a letter of interim control; owner's duty of reasonable care)

  “No claim for strict liability may be brought under section one hundred and ninety-nine against the owner by an occupant or former occupant of premises for which a letter of interim control has been issued for damages caused by exposure to dangerous levels of lead during such period that the letter...”

• M.G.L. c. 111, § 197(h) (Owner's option to delay commencement of tenancy pending compliance)

  “Any owner undertaking to abate or contain dangerous levels of lead in any dwelling unit may, at the owner's option, reasonably delay the commencement of the tenancy until a letter of compliance or interim control certificate has been issued; provided, that no duly executed lease exists between...”

• M.G.L. c. 111 § 197(a) (Duty of residential premises owners; new owner's compliance period)

  “whenever any such premises containing said dangerous levels of lead undergoes a change of ownership and as a result a child under six years of age will become or will continue to be a resident therein, the new owner shall have ninety days to contain or abate said paint, plaster or other accessible...”

• M.G.L. c. 111 § 197(b) (Interim control measures; strict liability shield and duty of reasonable care)

  “During the period a letter of interim control is in effect, such owner shall take reasonable care to ensure that the premises are in compliance with the requirements of this subsection and the letter of interim control, and shall be liable for all damages caused by his breach of that duty of reasonable care.”

• M.G.L. c. 111 § 197(h) (Delay of tenancy; relocation of an occupying tenant during full compliance work)

  “Should the owner decide to bring any residential premises into compliance with the provisions of sections one hundred and eighty-nine A to one hundred and ninety-nine B, inclusive, while a tenant is occupying a dwelling unit, the owner shall have the right to move the tenant to a substitute...”

• M.G.L. c. 111 § 197(b) (Interim control measures; term and renewal of a letter of interim control)

  “A letter of interim control shall expire at the end of one year from the date of its issuance, and may be renewed once, for an additional one-year period, upon reinspection and recertification pursuant to this section by a licensed lead inspector, in accordance with regulations promulgated by the director.”

• M.G.L. c. 111 § 197(b) (Interim control measures; letter runs with the premises; subsequent owner's responsibility)

  “An emergency lead management plan and letter of interim control shall be issued for the premises, not its owner, and shall remain in effect should ownership of the premises be transferred during the existence of the emergency lead management plan and the letter of interim control. A subsequent...”

• M.G.L. c. 111 § 197(c) (Full compliance; no claim for strict liability while letter of full compliance is in effect)

  “No claim for strict liability may be brought under section one hundred and ninety-nine against an owner by an occupant or former occupant of premises for which a letter of full compliance has been issued and is in effect in accordance with this subsection.”

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