Section 460.180 - Owners in Violation Subject to Damages(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.Amended by Mass Register Issue 1353, eff. 12/1/2017.