Current through Register 1531, September 27, 2024
(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.
