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If you are a landlord or owner being sued in a lead paint poisoning claim, call us for a free initial consultation at the Law Offices of Charles Jerome Ware, LLC : (410) 720-6129 or (410) 730-5016. We can help defend you.
Federal and Maryland lead paint laws are structured to help reduce childhood lead poisoning while attempting to help maintain affordable rental housing for Maryland residents. These laws provide legal rights and duties for residential renters and landlords in pre-1978 built apartments and houses
(the "Affected Properties"). Make no mistake, when it comes down to filing lead paint poisoning claims and lawsuits in Baltimore, landlords and landowners are the invariable targets (defendants).
There are many knowledgeable commentators who consider Baltimore to be "ground zero" for lead paint poisoning claims in the United States.
[Please read: Maryland Code Annotated, Environment Sections 6-801 to 6-852; Code of Maryland Regulation, 26.16.02.]
Only pre-1978 built residential rental properties/units ("Affected Properties") are regulated by Maryland's Reduction of Lead Risk in Housing Act. Owner-occupied properties/units are not regulated. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law. Affected Properties owned or operated by Federal, State, or Local governments or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland lead paint law.
[Please read: Maryland Code Annotated, Environment Sections 6-801 to 6-804.]
Maryland State law prohibits any person from using lead-based paint on any interior surface, on the porch of any dwelling, on any exterior surface to which children may commonly be exposed, and on any household use article except where lead-based industrial paint is applied to a household appliance. A violation of this law is a misdemeanor and is punishable by a fine of up to $1,000 or imprisonment of up to 30 days or both. Each day that a violation continues is a separate offense.
[Please read: Maryland Code Annotated, Environment Section 6-301 and 6-302; Maryland Code Annotated, Real Property Section 8-211.1.]
Owners must register their Affected Properties and renew the registration annually.
Owners must obtain passing full risk reduction lead inspection certificates for the Affected Properties.
Owners must ensure that 50% of their pre-1950 residential rental properties/units have passing applicable reduction inspection certificates.
Owners must ensure that 100% of their pre-1950 residential rental properties/units have passing applicable risk reduction inspection certificates.
Owners must provide certain lead paint educational documents to their tenants residing in Affected Properties.
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