Cal. Civ. Code § 198
Violations of state sanitary code; enforcement
Operative Text
Section 198. Violations of this section shall not constitute violations of the state sanitary code when (i) an owner has received a letter of full compliance, or (ii) an owner has received a letter of interim control; provided that in the case where an owner has received a letter of interim control and the tenant causes the unit to be inspected by a licensed inspector and found to be out of compliance, the sanitary code provisions will apply after fourteen days and until such time as the unit is recertified pursuant to subsection (b) of section one hundred and ninety-seven. If a tenant has a unit inspected by a licensed inspector, and the unit is found to be out of compliance, the owner shall pay the cost of such inspection. If a tenant has a unit inspected by a licensed inspector, and should the unit be found to be in compliance, the tenant shall pay the cost of such inspection. Except as provided in the preceding paragraph, any violations of sections one hundred and ninety-six and one hundred and ninety-seven may be treated by any party as a violation of the state sanitary code and all procedures and remedies applicable to such violations of said sanitary code shall be available to correct, deter or punish violations of said sections. In any action in which a tenant is withholding rent due to lead paint and as a result of said action the landlord is required to abate, the judge, unless he finds that the landlord did not act in good faith shall order that any amounts that would be awarded to the tenant pursuant to a finding that the value of the housing was reduced by the violation of the lead law be applied to the costs of abatement; provided, however, that any amounts awarded to the tenant pursuant to a finding of any other violation of the sanitary code or any other law shall be retained by the tenant. The district, housing and superior courts shall have jurisdiction to enforce the provisions of said sections to the same extent that said courts have jurisdiction to enforce said sanitary code. All local boards of health or other code enforcement agencies, including in the city of Boston the commissioner of housing inspection shall enforce sections one hundred and ninety-four A, one hundred and ninety-six and section one hundred and ninety-seven in the same manner and with the same authority as they may enforce the sanitary code. The director shall provide by regulation for the implementation by local boards of health, code enforcement agencies and housing inspection agencies of the provisions of this section and the periodic reporting to him of the results of all actions undertaken hereunder by said boards and agencies. The director shall have concurrent responsibility and authority to enforce sections one hundred and ninety-four A, one hundred and ninety-six and section one hundred and ninety-seven and in so doing shall have available to him all powers and authority which shall be available to local boards of health pursuant to sections one hundred and twenty-seven A to one hundred and twenty-seven K, inclusive. Violations of sections one hundred and ninety-four A, one hundred and ninety-six and section one hundred and ninety-seven shall be treated as emergency matters, and shall be given preference by enforcing agencies and speedy hearings by district, housing and superior courts.
Mass. Gen. Laws c. 111 § 198 establishes how lead-paint-related violations under the state's lead law interact with the state sanitary code. When an owner holds a letter of full compliance or interim control, those violations generally do not count as sanitary code violations — unless a licensed inspector finds the unit out of compliance during an interim-control period, at which point sanitary code rules re-apply for at least fourteen days. Beyond that carve-out, violations of the related lead-law sections (§§ 196 and 197) can be treated as sanitary code violations, giving all parties access to the full range of sanitary code remedies, and enforcement is designated an emergency matter entitled to expedited handling by local boards of health and the courts.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 111 § 198, operators who have obtained and maintained a letter of full compliance or interim control generally avoid having lead-law deficiencies treated as sanitary code violations — but that protection is conditional. A compliant operator keeps documentation of compliance letters current, promptly addresses any findings that arise from a tenant-initiated licensed inspection during an interim-control period, and bears the cost of that inspection if the unit is found out of compliance. Because violations under §§ 196 and 197 are classified as emergency matters subject to expedited court and agency action, operators generally treat any identified deficiency as a priority item requiring prompt remediation and recertification under § 197(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 111 § 198 gives tenants meaningful tools when lead-paint conditions are at issue. A tenant may arrange for a licensed inspector to evaluate the unit, and if the unit is found out of compliance, the owner is responsible for the cost of that inspection; if the unit is found in compliance, the tenant bears that cost. Tenants can raise violations of §§ 196 and 197 as sanitary code violations — with all associated remedies available — and may bring concerns to local boards of health, the city of Boston's commissioner of housing inspection, or the state director, all of whom have enforcement authority; tenants may also raise a lead-law violation as a defense or basis for relief in district, housing, or superior court, and consulting a tenant-rights organization can help clarify which enforcement path fits a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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