Discrimination against children in housing, Lead paint law

Yes, I think you should talk to an attorney about this issue.  Here is the problem, under the Massachusetts Lead Paint Law, landlords are required to de-lead an apartment unit if and when a child under six years of age moves into the unit.  The burden is on the owner of the unit to test for lead paint and, if lead is present, remediate and obtain a certificate of compliance.  Landlords cannot avoid this responsibility by refusing to rent to families with children or by evicting or refusing to renew the lease of a pregnant woman. Not only are such practices violations of the MA lead paint law, but may also subject the landlord to liability under Chapter 93A (MA consumer protection law).

Now, as you may have heard, the Massachusetts anti-discrimination law does contain an exception that allows owners of two family homes--who live in the building--to exclude children.  However, there is no similar exemption in the state's lead paint law.  That may mean that if a tenant has a child during the term of her lease, the landlord may be required de-lead the unit.  It's a bit complicated and convoluted, so talk to an attorney to get some help through this mine-field of potential liability.