Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 460.000 - Lead Poisoning Prevention And Control
ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD
Section 460.190 - Punishable Violations

Universal Citation: 105 CMR 460.000 MA Code of Regs 460.190

Current through Register 1531, September 27, 2024

(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.

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