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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)

Citation
Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)
Parent Document
Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-01-28

Other Sections in This Document (44)

Full Text

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Sycamore reads that section as one that does not prohibit the presence of lead paint in a building but simply requires its removal under certain conditions. That portion of Sycamore’s interpretation of the statute is correct. Commonwealth v. Racine, 372 Mass. 631, 637 (1977). Sycamore continues, however, by asserting that the condition triggering a landlord’s removal obligation is the presence of children under 6 and thus that a violation of the statute cannot possibly arise until the landlord knows of the presence of the lead paint or of the children or both. Because Sycamore claims, and the Board found, that Sycamore did not know of the presence of lead paint before Star completed its examination, and because Sycamore claims to have made prompt efforts to remove the lead paint once notified of its existence, Sycamore claims that it did not violate the statute at all.