Cal. Civ. Code § 460.190
Punishable Violations
Operative Text
(A) The Director and code enforcement agencies may, pursuant to M.G.L. c. 111, § 198, treat
violations of M.G.L. c. 111, §§ 196 or 197 as State Sanitary Code violations to which the State
Sanitary Code applies including, but not limited to, the following provisions:
(1) Any person who shall fail to comply with any order shall upon conviction be fined not less than
ten nor more than $500.00. Each day’s failure to comply with an order shall constitute a separate
violation.
(2) Any person who shall violate any provision for which penalty is not otherwise provided in any
of the General Laws or in any other provision of the Sanitary Code shall upon conviction be fined
not less than ten nor more than $500.00.
(B) Landlords who threaten or take reprisals against a tenant for exercising his or her rights under
M.G.L. c. 111, §§ 189A through 199B are liable for damages under M.G.L. c. 186, § 18 and M.G.L.
c. 93A.
(C) Landlords refusing to rent to, or renew the lease of, or evicting persons or families with children
younger than six years old because a residential premises or dwelling unit does or may contain
dangerous levels of lead in violation of M.G.L. c. 111, §§189A through 199B or because the families
have exercised any rights under M.G.L. c. 111, §§ 189A through 199B, or 105 CMR 460.000, are
in violation of M.G.L. c. 111, § 199A and c. 151B, § 4. Such evictions also constitute violations of
M.G.L. c. 93A, § 2 and c. 186, § 18.Section 460.190 of 105 Mass. Code Regs. 460.000 establishes several categories of punishable conduct related to Massachusetts lead-paint law. Violations of applicable state sanitary code orders can result in fines ranging from $10 to $500 per day, with each day of noncompliance treated as a separate offense. Separately, landlords who retaliate against tenants for exercising lead-law rights, or who refuse to rent to, renew leases for, or evict families with children under six because of lead conditions or the exercise of those rights, face civil liability under multiple Massachusetts statutes, including consumer-protection and anti-discrimination laws.
Plain English — not legal advice.
Under 105 CMR 460.190, compliant property owners generally respond promptly to any official orders related to lead-paint conditions, avoiding the per-day fines of up to $500 that accrue for each day of noncompliance. Operators also take care not to take adverse action—such as threatening, refusing to renew a lease, or initiating eviction—against tenants or families with young children because of lead-related conditions or because those tenants have exercised their rights under the lead-paint statutes. Such retaliatory or discriminatory conduct can expose a landlord to liability under M.G.L. c. 186 § 18, M.G.L. c. 93A, and M.G.L. c. 151B, which may include enhanced damages and attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 460.190 of 105 CMR 460.000 provides meaningful protections for tenants, particularly families with children under six, against retaliation and discrimination tied to lead-paint issues. If a landlord threatens, refuses to renew a lease, or attempts to evict a household because of lead conditions or because the tenant has exercised rights under Massachusetts lead-paint law, that conduct may constitute violations of multiple statutes, including consumer-protection and fair-housing laws. Tenants who believe they have experienced such retaliation or discrimination may consider documenting the conduct, contacting a local tenant-rights organization, or exploring complaint processes available through relevant state agencies.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.