Cal. Civ. Code § 460.100

Duty of Owner(s) of Residential Premises

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MassachusettsState Additions

Operative Text

Cal. Civ. Code § 460.100
(A) Except as provided in 105 CMR 460.100(B) through (D), the owner(s) of a dwelling unit or
           residential premises containing dangerous levels of lead in any paint, plaster or other accessible
           structural material are required to obtain a Letter of Full Compliance or a Letter of Interim Control, in
           the following circumstances:
               (1) A child younger than six years old resides therein, whether or not the residential premises have
               been inspected pursuant to M.G.L. c. 111, § 194 or otherwise; or
               (2) The owner(s) receive an Order to Correct Violation(s) pursuant to M.G.L. c. 111, § 194
               because the premises is occupied by a child younger than six years old at the time of the lead
               determination enforcement procedure or code enforcement lead inspection upon which the order
               is based, or a child younger than six years old who is lead poisoned as defined at 105 CMR
               460.020 occupied the premises within the past 12 months.
               (3) The owner(s) receive an Order to Correct Violation(s) pursuant to M.G.L. c. 111, § 194
               because the premises is occupied by a child younger than six years old who is lead poisoned as
               defined at 105 CMR 460.020 at the time of the lead determination enforcement procedure or code
               enforcement lead inspection upon which the order was based. In this case, the owner(s) shall be
               required to obtain a Letter of Full Compliance, and shall not be eligible for interim control. The
               Director may grant exceptions to the ineligibility for a Letter of Interim Control pursuant to specified
               conditions established on a case-by-case basis.

(B) Whenever any residential premises containing dangerous levels of lead in paint, plaster or other
          accessible structural material undergoes a change of ownership and as a result a child younger than six
          years old will become or will continue to be a resident therein, the new owner shall have 90 days after
          becoming the owner to obtain a Letter of Full Compliance or a Letter of Interim Control, except that
          if a child younger than six years old who is lead poisoned resides therein, the owner shall not be eligible
          for interim control, unless the Director grants a waiver pursuant to 105 CMR 460.100(A)(3).

          (C) (1) A bank, lending institution, mortgage company or mortgagee shall be considered an
              owner for purposes of 105 CMR 460.000 whenever it takes actual physical possession and
              acquires legal title of the residential premises pursuant to applicable law.
              (2) A bank, lending institution, mortgage company or mortgagee shall within 90 days after
              acquiring legal title to a residential premises in which a child younger than six years old resides,
              either:
                  (a) obtain a Letter of Full Compliance, or obtain a Letter of Interim Control, except that if a
                  child younger than six years old who is lead poisoned resides therein, the owner shall not be
                  eligible for interim control, unless the Director grants a waiver pursuant to 105 CMR
                  460.100(A)(3); or
                  (b) transfer the property in compliance with the Property Transfer Lead Notification and
                  Disclosure Procedure at 105 CMR 460.720.

          (D) Short Term Vacation or Recreational Rental Exemption from the Obligation to Abate and/or
          Contain Paint, Plaster or Other Accessible Structural Material Containing Dangerous Levels of Lead.
             (1) The owner(s) of a dwelling unit including, but not limited to, a private residence, condominium,
             hotel, motel or bed and breakfast establishment that is leased, rented or occupied for vacation or
             recreational purposes for a period of 31 days or less shall not be required to obtain a Letter of Full
             Compliance or a Letter of Interim Control, when a child younger than six years old is an occupant,
             upon meeting and maintaining the following conditions:
                 (a) The owner or owner’s agent shall visually inspect at least annually all of the interior
                 surfaces and the exterior casing, sash and sill of all windows of the particular dwelling unit, but
                 not interior common areas if present, to ensure that there is no cracked or otherwise
                 deteriorated plaster or putty or peeling, chipping or flaking paint.
                 (b) Any peeling, chipping or flaking paint, deteriorated plaster or putty shall be made intact
                 according to Department of Labor Standards regulations for maintenance work in 454 CMR
                 22.00: Deleading and Lead-safe Renovation Regulations.
                 (c) The owner or owner’s agent shall fully complete and provide a copy of the Short Term
                 Vacation Rental Notification issued by the Director to each tenant with a child younger than
                 six years of age. The owner or owner’s agent and the tenant shall sign copies of the
                 Notification and each shall retain a copy. If the owner or owner’s agent has provided the
                 Notification, but the tenant refuses to sign it, the owner or owner’s agent may attach a
                 statement that the tenant received the Notification but refused to sign.
                 (d) If loose paint, plaster or putty is present on relevant surfaces of the dwelling unit, indicated
                 at 105 CMR 460.100(D)(1)(a), or the owner fails to provide the Vacation Rental Notification
                 in accordance with 105 CMR 460.100(D)(1)(c) through (g), the owner is not exempt from the
                 requirements for abatement or containment at 105 CMR 460.110 or for interim control at 105
                 CMR 460.105 or liability for damages at 105 CMR 460.180.
             (2) An owner who complies with 105 CMR 460.100(D)(1) may rent a dwelling unit for as many
             periods of 31 days or less as he or she chooses, provided that the same tenant with a child younger
             than six years old does not occupy the same dwelling unit for a period of more than 31 days in any
             12-month period.
             (3) An owner who complies with 105 CMR 460.100(D) is exempt from compliance with Tenant
             Lead Law Notification and Disclosure pursuant to 105 CMR 460.725.

          (E) The owner of a dwelling unit having fewer than 250 square feet of floor space, calculated on the
          basis of total habitable room area, or which is used as a rooming house, is exempt from the
          requirements of M.G.L. c. 111, §§ 189A through 199B and 105 CMR 460.000, provided that no
          child younger than six years old occupies said dwelling unit.
Source: Legislative text reproduced verbatim
Plain English

Under 105 Mass. Code Regs. 460.100, owners of residential properties with dangerous lead levels in paint, plaster, or other accessible structural materials must obtain either a Letter of Full Compliance or a Letter of Interim Control whenever a child under six lives there or when ordered to correct violations. If a lead-poisoned child under six occupies the premises, only a Letter of Full Compliance is generally required, with limited exceptions granted by the Director. Certain short-term vacation rentals of 31 days or less and very small dwelling units may qualify for exemptions under specific conditions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Section 105 CMR 460.100 establishes that compliant property owners generally identify whether any resident child is under six years old and, if so, pursue the appropriate lead compliance letter before or promptly after occupancy begins. When a property changes hands and a child under six will reside there, the new owner typically has 90 days to obtain the required letter. Owners of short-term vacation rentals meeting this section's inspection, repair, and notification conditions may qualify for an exemption from the full abatement obligation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 105 CMR 460.100, tenants with children under six have the right to reside in premises that meet Massachusetts lead-compliance standards, meaning the owner must hold a valid Letter of Full Compliance or Letter of Interim Control. If a child in the household has been identified as lead-poisoned, the owner is generally required to obtain a Letter of Full Compliance rather than interim control. Tenants who believe their landlord has not met these obligations may consider contacting a local tenant-rights organization, the Massachusetts Department of Public Health, or raising the violation as a defense in relevant legal proceedings.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 30, 2026
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Related Rules

§ 191
Reports of lead poisoning; notifications to agencies; records
§ 197
Duty of residential premises owners; interim control measures; abatement or containment of paint, plaster or other accessible structural material containing lead
§ 197C
Child exhibiting dangerous blood lead level after issuance of letters of compliance or interim control; liability

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