Cal. Civ. Code § 460.180
Owners in Violation Subject to Damages
Operative Text
(A) Compensatory Damages. Pursuant to M.G.L. c. 111, § 199, the owner of any dwelling unit or
residential premises shall be liable for all damages to a child younger than six years old who is lead
poisoned as defined at 105 CMR 460.020 caused by his or her failure to comply with M.G.L. c. 111,
§§ 194, 196(a) or 197 provided that:
(1) an owner shall not be liable for a period of 90 days after acquiring legal title to a dwelling unit
or residential premises in which a child younger than six years old resides if the owner complies
with M.G.L. c. 111, § 197(b) or § 197(c) within 90 days after acquiring legal title to the dwelling
unit or residential premises; and
(2) a bank, lending institution, mortgage company or mortgagee shall not be liable for a period of
90 days after taking actual possession and acquiring legal title to a dwelling unit or residential
premises in which a child younger than six years old resides if the mortgagee either brings the
dwelling unit or residential premises into compliance with M.G.L. c. 111, § 197(b) or § 197(c) or
transfers the residential premises in accordance with 105 CMR 460.720 within 90 days of
acquiring legal title; and
(3) an owner of a dwelling unit or residential premises in which a child younger than six years old
resides shall not be strictly liable for lead poisoning damages during the period a Letter of Full
Compliance or a Letter of Interim Control is in effect for said dwelling unit or residential premises,
including any period during which a Letter of Interim Control is in effect that the owner has been
notified, pursuant to 105 CMR 460.105(G) to take certain measures to restore the premises or
unit to the standard of the Letter of Interim Control; and
(4) an owner of a dwelling unit or residential premises in which a child younger than six years old
resides and for which a Letter of Full Compliance or a Letter of Interim Control is in effect takes
reasonable care to ensure that the dwelling unit or residential premises remains in compliance with
M.G.L. c. 111, § 197(b) or § 197(c), as applicable. An owner shall be liable for all damages
caused by his or her breach of that duty of reasonable care.
(B) Punitive Damages. Pursuant to M.G.L. c. 111, § 199, the owner of any dwelling unit or residential
premises who is notified of or receives an order to correct a dangerous level of lead in paint, plaster,
or other structural material upon his or her premises pursuant to M.G.L. c. 111, § 194, and who
willfully fails to satisfactorily correct or remove said dangerous conditions, shall in addition to
compensatory damages to a lead poisoned child as defined at 105 CMR 460.020, be subject to
punitive damages, which shall be treble the actual damages found, provided that:
(1) an owner of a dwelling unit or residential premises in which a child younger than six years old
resides shall not be subject to punitive damages for a period of 90 days after acquiring legal title
to the dwelling unit or residential premises if the owner complies with M.G.L. c. 111, § 197(b) or
§ 197(c) within 90 days after acquiring legal title to the dwelling unit or residential premises;
(2) a bank, lending institution, mortgage company or mortgagee shall not be subject to punitive
damages for a period of 90 days after acquiring legal title to a dwelling unit or residential premises
in which a child younger than six years old resides if the mortgagee either brings the dwelling unit
or residential premises into compliance with M.G.L. c. 111, § 197(b) or § 197(c) or transfers the
residential premises in accordance with 105 CMR 460.720 within 90 days of acquiring legal title.Under 105 Mass. Code Regs. 460.180, Massachusetts law holds property owners financially responsible for damages suffered by a child under six years old who is lead-poisoned when that harm results from the owner's failure to meet state lead-law requirements. Compensatory damages cover actual losses, while punitive damages—set at three times actual damages—can apply when an owner willfully ignores a correction order for dangerous lead conditions. Certain protections exist: owners and financial institutions that acquire a property and act promptly within 90 days to bring it into compliance, and owners who maintain a valid Letter of Full Compliance or Letter of Interim Control while exercising reasonable care, may avoid strict or punitive liability under specified conditions.
Plain English — not legal advice.
Section 105 Mass. Code Regs. 460.180 establishes that compliant operators generally obtain and maintain a Letter of Full Compliance or Letter of Interim Control for any unit where a child under six resides, and take reasonable care to keep the property in that certified condition. Owners who newly acquire a property typically act within the 90-day window to bring the unit into compliance with the applicable lead standards, which can limit strict liability exposure during that period. Willful failure to correct a dangerous lead condition after receiving notice or a correction order is the conduct that triggers the punitive-damages provision, which sets treble damages as the measure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 105 Mass. Code Regs. 460.180, a child under six years old who is lead-poisoned as a result of an owner's failure to comply with Massachusetts lead laws may have a right to compensatory damages, and potentially treble punitive damages if the owner willfully ignored a correction order. Families in this situation may wish to contact a tenant-rights organization, a legal aid office, or a private attorney familiar with Massachusetts lead-paint law to understand what documentation—such as inspection reports, Letters of Compliance status, and medical records—may be relevant. Tenants can also reach out to the Massachusetts Department of Public Health, which administers the lead-paint program under which this regulation was issued, to inquire about inspection and enforcement resources.
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.
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