For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Thursday, April 30, 2015

BALTIMORE and D.C. LEAD ( Pb) DEFENDANTS : DEFENSE ATTORNEY TIPS

www.charlesjeromeware.com            " Here to make a difference."
Charles Jerome Ware, LLC  is a premier and successful, Maryland and D.C.-based, nationally recognized and respected landlord lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.


Numerous commentators have suggested that in certain circumstances lead poisoning cases in Baltimore and D.C. are "indefensible". We respectfully disagree. We have found in defending against these lawsuits for many years that there are in most instances several legal and factual defenses to be raised and made. The basic defensive keys for landlords are proper legal notices to tenants, competent property maintenance, and consistent documentation (record keeping).


Residential lead paint, leaded dust and soil, leaded plumbing, etc., are legacies inj Baltimore and D.C. of  past (pre-1978) production and use of lead (Pb). Dust and soil lead continues to be replenished by the deterioration of lead-based sources, including lead paint. It serves as a compelling environmental reminder that lead is not biodegradable and will accumulate in areas with substantial loadings such as drinking water, plants, food, and even the air we breathe, etc.

Sunday, April 26, 2015

BALTIMORE AND D.C. LEAD PAINT DISCLOSURE LAWS

www.charlesjeromeware.com              " Here to make a Difference."


Charles Jerome Ware, LLC is a premier Maryland and D.C.-based, nationally recognized and respected, landlord lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.


Defending landlords against lead paint poisoning can be a difficult task. But, it is certainly not impossible. We do it successfully all the time. A couple of lead paint disclosure laws that every residential landlord in Baltimore and D.C. should be familiar with are as follows:


(1) The Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X, attempts to reduce the number of lead poisoning victims in the United States.  TITLE X is enforced by the U.S. EnvironmentalProtection Agency (EPA) and it enforces regulations related to TITLE X to rental property buildings that were constructed prior to 1978.


(2) The Real Estate Notification Rule of 1996, also referred to as the " Lead Disclosure Rule", is a right-to-know law that requires notification and disclosure of certain lead-based paint information to tenants by landlords.


Both Federal rules are very important for every residential landlord to familiarize himself or herself with.

BALTIMORE & D.C. LEAD PAINT DISCLOSURE LAWS

The Lawyer's Mailbox: COMPLIANCE WITH LEAD PAINT LAWS IN BALTIMORE MARYL...

The Lawyer's Mailbox: COMPLIANCE WITH LEAD PAINT LAWS IN BALTIMORE MARYL...: www.charlesjeromeware.com                    " Here to make a Difference." Many commentators consider Baltimore, Maryland to be ...

COMPLIANCE WITH LEAD PAINT LAWS IN BALTIMORE MARYLAND

www.charlesjeromeware.com                   " Here to make a Difference."


Many commentators consider Baltimore, Maryland to be "ground zero" for lead-based paint poisoning cases in the United States. The principal reason for this belief is because so many lead paint cases are filed in the Baltimore City Circuit Court every year. So many, in fact, that the Baltimore Circuit Court essentially has a separate case track devoted solely to lead-based paint poisoning cases.  Additionally, there are several observers who opine that many lead paint poisoning cases in Baltimore City are " indefensible". We respectfully disgree. We believe there are always defenses that can be made in these cases.


Compliance with lead paint laws in Baltimore, Maryland can be very difficult.


To be sure, defending landlords against lead-based paint poisoning cases in Baltimore can be complex and complicated at times, but it is certainly not impossible to do. We successfully defend clients against these lawsuits very frequently.


To begin with, all landlords should be aware that most residential units (houses and apartments) built before 1978 in Baltimore in certain neighborhoods very likely have lead paint, lead residue, or leaded dust in them in some manner.  It may be of interest to note that uninterrupted lead paint, alone, is not hazardous to the body. It is when lead paint is "interrupted" ( i.e., chipped, peeled, in dust form, etc.) that it can become dangerous to humans. Ingested or inhaled lead (Pb) by children up to age 6 years can be particularly harmful


It must be cautioned, however, that lead paint is not the only source of lead(Pb) in Baltimore City. Among the many other sources are: the air we breathe, soil, drinking water, toys (particularly from foreign sources such as China,etc.), pottery, ceramics, home remedies, jewelry, foods, pipes and other plumbing fixtures and items, etc. Because lead (Pb) is not able to dissolve in water or biodegrade, dissipate, decay, or burn, this makes it a very harmful hazard to the body. It has been estimated that at least 10 million metric tons of lead residue currently exist in earth's environment.


Fundamentally, it very important that landlords be aware of and abide by the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X [ 42 U.S.C. 4852d]; the Federal law which directs the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) to write regulations specifying how TITLE X's goal of lead hazard reduction should be accomplished [ 24 CFR Part 35 and 40 CFR Part 745]. These regulations apply to rental property(principally residential units) built prior to 1978. Thes regulations specify, among other requirements, that prior to signing a lease or rental agreement, the landlord must give every new tenant the EPA pamphlet, Protect Your Family From Lead In Your Home.  Both the landlord as well as the tenant must sign an EPA-approved form ( Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazard) that proves the tenant is informed about any known lead-based paint or lead-based paint hazards. The landlord must keep the signed disclosure form as part of their records for three years from the date of the start of the tenancy.


[  I f you are a landlord , for an initial courtesy consultation contact the nationally-respected, Maryland-based lead paint poisoning defense law firm of Charles Jerome Ware, LLC at (410) 720-6129.  We can help you.]

Friday, April 24, 2015

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD LEGAL GUIDE - LEAD (Pb) P...

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD LEGAL GUIDE - LEAD (Pb) P...: www.charlesjeromeware.com                        " Here to make a Difference." Charles Jerome Ware, LLC is a Maryland-based, nati...

BALTIMORE LANDLORD LEAD LEGAL GUIDE - LEAD (Pb) PAINT DEFENDANTS

www.charlesjeromeware.com                       " Here to make a Difference."
Charles Jerome Ware, LLC is a Maryland-based, nationally known and respected, landlord lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.


Exposure to significant  lead (Pb) dust, water from lead pipes, lead-based paint, soil, plants and trees, etc., may cause serious health issues, particularly in children under the age of 6 years. Brain damage, attention disorders, and hyperactivity have all been associated with lead (Pb)  poisoning ( aka, plumbism).


Landlords who are found to be responsible for plumbism may face liability for a child's life-long disability, frequently even if they did not know of the presence of the lead.


Residential units (houses and apartments) in Baltimore built prior to 1978 are likely to contain some amount of lead; be it lead pipes and other plumbing fixtures, lead-based solder used on copper pipes, lead-based paint, dust, soil, etc.  In 1978, the Federal government required the reduction of lead (Pb) in residential paint. Lead-based pipes are generally only found in homes built prior to 1930; and lead-based solder in residential plumbing systems was banned in 1988 by the government.


Pre-1950 housing in lower income urban neighborhoods that has been allowed to age and deteriorate is a significant source of lead-based paint poisoning. The keys,then, for landlords of these urban properties are PROPERTY MAINTENANCE and DOCUMENTATION of maintenance.


Recognizing the health issues raised by lead poisoning (plumbism) in Baltimore and other major East Coast cities such as Boston, New York, Philadelphia and Washington, D.C.,, etc., the Federal Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly referred to as TITLE X, was enacted ( 42 U.S.C. 4852d). The Act directs, inter alia, the U.S. Environmental Protection Agency [EPA] and the U.S. Department of Housing and Urban Development (HUD) to write regulations specifying how Title X's goal of lead (Pb) hazard reduction should be accomplished ( 24 CFR part 35 and 40 CFR Part 745). These regulations apply to rental property built before 1978.


Rental Properties EXEMPT  From  TITLE X Regulations:


(1) Housing certified as " lead-free" by an accredited lead inspector;
(2) Lofts, efficiencies studios and other " zero-bedroom" units;
(3) Short-term vacation rentals;
(4) A single room rented in a residential dwelling;
(5) Retirement communities (housing designed for seniors, where one or more tenants is at least 62 years of age) unless children are present.

Thursday, April 23, 2015

The Lawyer's Mailbox: FEMALES - DUI and DWI - HOWARD COUNTY MARYLAND -- ...

The Lawyer's Mailbox: FEMALES - DUI and DWI - HOWARD COUNTY MARYLAND -- ...: www.charlesjeromeware.com             " Here to make a Difference." Charles Jerome Ware, LLC, is a premier Howard County, Maryla...

FEMALES - DUI and DWI - HOWARD COUNTY MARYLAND -- MARYLAND BEST DUI and DWI LAWYERS

www.charlesjeromeware.com            " Here to make a Difference."

Charles Jerome Ware, LLC, is a premier Howard County, Maryland-based, nationally recognized and respected  DUI and DWI defense attorney. Mr. Ware is known as " one of the BEST 10 DUI and DWI Attorneys" in the State of Maryland [AIDUIA], among many other accolades..  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you if you have been arrested or charged with DUI or DWI.

Drunk driving has historically targeted males. However, the number of DUI and DWI arrests involving females has increased dramatically during the past 30 or more years.  Twenty years or so ago, less than ten percent of DUI cases in the United States involved female defendants. That number is now well over twenty percent.

To be sure, there are now more female drivers than ever before on the roads. But that fact, by itself, does not account for the significant increase in alleged female drunk drivers.

To be sure, much of this trend of more female DUI arrests comes from societal, social and financial stressors. However, I believe a lot of it also stems from biological and physiological differences between females and males which, at the end of the day, creates an appreciable bias against female drinkers who drive.

A female's unique physiology deals with alcohol consumption differently than a male's. These unique physiological issues disadvantage females when they are stopped, tested and arrested for drunk driving, but they can become legal defenses for females during trial of their DUI and DWI cases. Blood alcohol testing machines, for example, are designed allegedly to  gauge the " male physiology"; not the" female physiology". This is an inherent bias against females, by itself.
Additionally, there are several constitutional rights that may be raised on behalf of our females clients ( and we heartily raise them).

For whatever reason these biases against female drivers who drink and drive exist, we are prepared to raise the appropriate or necessary defenses our worthy clients have earned and deserve.

The Lawyer's Mailbox: HOWARD COUNTY AND MARYLAND WOMEN DUI DEFENSE

The Lawyer's Mailbox: HOWARD COUNTY AND MARYLAND WOMEN DUI DEFENSE: www.charlesjeromeware.com                     " Here to make a Difference." Howard County-based premier defense attorney Charles...

HOWARD COUNTY AND MARYLAND WOMEN DUI DEFENSE

www.charlesjeromeware.com                    " Here to make a Difference."

Howard County-based premier defense attorney Charles Ware is universally respected by his many peers and satisfied clients to be one of Maryland's " BEST 10  DUI and DWI Attorneys".  This honor and recognition is confirmed by the American Institute of DUI and DWI Attorneys [AIDUIA], among others.

Defense attorney Charles Ware and his staff are particularly well-known and highly-regarded for their effective and successful representation of women charged with DUI and DWI offenses.

For an initial courtesy consultation after your DUI or DWI arrest, contact the firm at (410) 720-6129. We can help you.

Women, DUI and DWI :

My many years of close observation in my law practice, as well as recent studies, have shown that increasingly more women are being arrested for DUI and DWI offenses. I have particularly observed this trend evolve over the past two decades or so.

Probably much of this unfortunate trend comes from increased societal, social and financial stressors.
For whatever reason, our firm has proven repeatedly to be prepared in raising the necessary defenses our worthy clients have earned and deserve. that is our promise, and our commitment.

                                                           Women's Physiology:

A woman's unique physiology handles alcohol consumption somewhat differently from me.
These unique physiological issues, quite frankly, are an unfair disadvantage  to women when they are stopped, tested and arrested for drunk driving but, ironically, they can become defenses for women during trial of their DUI or DWI cases. For example, blood alcohol test machines are designed on the  "male physiology model"; not on female physiology.  Additionally, there are several constitutional rights under the 4th, 5th and 6th Amendments, etc., that may be raised on behalf of our women DUI and DWI clients. We raise them consistently with courts.

The Lawyer's Mailbox: DEFENDING LEAD PAINT POISONING CASES -- " BLURRED...

The Lawyer's Mailbox: DEFENDING LEAD PAINT POISONING CASES -- " BLURRED...: www.charlesjeromeware.com                " Here to make a Difference." The best-selling author of this soon-to-be-released book,...

DEFENDING LEAD PAINT POISONING CASES -- " BLURRED PLUMBISM " : The Baltimore Defendant's Book

www.charlesjeromeware.com               " Here to make a Difference."

The best-selling author of this soon-to-be-released book, Lead Paint Defense Attorney CHARLES JEROME WARE, is Baltimore area - based, and he is nationally recognized and respected as one of the premier defense attorneys in the United States.  For an initial courtesy consultation, contact Attorney Ware at (410) 720-6129.  He can help you.

DEFENDING LEAD PAINT POISONING CASES : "BLURRED PLUMBISM" --- The BALTIMORE Book

The Lawyer's Mailbox: LEAD PAINT CASE AVOIDANCE TIPS FOR BALTIMORE AND D...

The Lawyer's Mailbox: LEAD PAINT CASE AVOIDANCE TIPS FOR BALTIMORE AND D...: www.charlesjeromeware.com                " Here to make a Difference." The national landlord lead-based paint poisoning defense ...

LEAD PAINT CASE AVOIDANCE TIPS FOR BALTIMORE AND D.C. LANDLORDS - www.charlesjeromeware.com

www.charlesjeromeware.com               " Here to make a Difference."

The national landlord lead-based paint poisoning defense law firm of  Charles Jerome Ware, LLC, is Maryland-based and well-respected for its successful legal representation of lead paint defendants in Baltimore and the District of Columbia.   For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

In an effort to reduce potential lead-based paint poisoning claims, and assist in the defense against such claims being pursued, we recommend that landlords inculcate and follow these steps, inter alia :

(1) Prior to renting house or apartment to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the residential unit.
(2) Inspect the residential unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of chipping, peeling, flaking, or other defective paint conditions.
(3) Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
(4) Retain licensed, certified and insured contractors with experience in the field to perform any required abatement work.
(5) Paint residential units every 3 years and maintain copious notes and records of all maintenance, repair, and paint work performed within each unit.
(6) If denied access to a residential unit to perform an inspection or maintenance work, document the denial within the tenant's folder and follow up with a letter to the tenant confirming the failure to gain access to the residential unit.

Wednesday, April 22, 2015

The Lawyer's Mailbox: HISTORY OF LEAD PAINT IN BALTIMORE -- BASIC OVERVI...

The Lawyer's Mailbox: HISTORY OF LEAD PAINT IN BALTIMORE -- BASIC OVERVI...: www.charlesjeromeware.com                  " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, n...

HISTORY OF LEAD PAINT IN BALTIMORE -- BASIC OVERVIEW

www.charlesjeromeware.com                 " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally recognized and respected
landlord lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

                The History of the Use of Lead-Based Paint in Baltimore, Maryland

It must be understood that when lead-based paint was marketed for sale , prior to it being outlawed by the Federal government for residential use in 1977, it was an imperfect but legal product in great demand because it was durable and washable. In fact it was repeatedly endorsed by the Federal, state and local governments, and specifically designated for use on many government buildings until the mid-1970s. The use of lead-based paint peaked in the United States in about 1922, and by 1940 the use of "white lead" (lead carbonate) pigments for interior surfaces was on the way out  [http://www.leadlawsuits.com/history/history-of-the-use-of-lead-paint ].

The use of "white lead" began in the United States (including the Baltimore area) in  Colonial times and ultimately peaked in or about 1922.

In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing.  This was the very first such restriction in the United States.

In 1955, the paint industry--- working with public health officials and organizations --- adopted a voluntary national standard to prohibit, in effect, the use of lead pigments in interior residential paints.

 In 1971, the Federal Lead Poisoning Prevention Act was passed. At that time, a blood lead level of 60 micrograms per deciliter was considered not a level of concern to the human body.

In 1977-78, the Federal government banned consumer (residential) uses of lead-based paint
.
In 1991, stating that the change was based on " very recent research", the Centers for Disease Control (CDC) lowered the blood lead level of concern to 10 micrograms per deciliter or above, where it remained until 2012.

In 2012, the CDC lowered the reference level, or " level of concern", for blood lead levels to 5 micrograms per deciliter.

The Lawyer's Mailbox: BALTIMORE LEAD POISONING CASES- PLUMBISM - DECLINE...

The Lawyer's Mailbox: BALTIMORE LEAD POISONING CASES- PLUMBISM - DECLINE...: www.charlesjeromeware.com               " Here to make a Difference." The nationally recognized and respected law offices of  Ch...

BALTIMORE LEAD POISONING CASES- PLUMBISM - DECLINE: MARYLAND DEFENSE ATTORNEY UPDATE

www.charlesjeromeware.com              " Here to make a Difference."

The nationally recognized and respected law offices of  Charles Jerome Ware, LLC are noted for their tenacious and successful legal representation of landlords sued in lead-based paint poisoning cases. The firm is Maryland-based, and its lawyers can be reached for an initial courtesy consultation at (410) 720-6129.  We can help you.

Fortunately, according to recent indications, legitimate lead poisoning (plumbism) cases are declining in Baltimore; even considering Center for Disease Control's (CDC's) continuing reduction " blood lead levels of concern" [ now less than 10 micrograms of lead per deciliter, according to the CDC].

The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENDANT BOOK: by BALTIMORE M...

The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENDANT BOOK: by BALTIMORE M...: www.charlesjeromeware.com                    " Here to make a Difference." The nationally recognized and respected law firm of C...

The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENDANT BOOK: by BALTIMORE M...

The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENDANT BOOK: by BALTIMORE M...: www.charlesjeromeware.com                    " Here to make a Difference." The nationally recognized and respected law firm of C...

LANDLORD LEAD PAINT DEFENDANT BOOK: by BALTIMORE MARYLAND LEAD DEFENSE ATTORNEY

www.charlesjeromeware.com                   " Here to make a Difference."

The nationally recognized and respected law firm of Charles Jerome Ware, LLC is a Maryland-based landlord lead-based paint poisoning defense law firm which specializes in the defense against lead (Pb) cases.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

Attorney and best-selling author Charles Ware has written 5 best-selling books. His new book ( to be released by Spring 2016) is tentatively titled : Defending Lead Paint Poisoning Cases : " Blurred  Plumbism".

Tuesday, April 21, 2015

The Lawyer's Mailbox: "BLURRED PLUMBISM" - DEFENDING LEAD PAINT POISONIN...

The Lawyer's Mailbox: "BLURRED PLUMBISM" - DEFENDING LEAD PAINT POISONIN...: www.charlesjeromeware.com                     " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based...

"BLURRED PLUMBISM" - DEFENDING LEAD PAINT POISONING CASES --- BALTIMORE MARYLAND' DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com                    " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally recognized and respected landlord lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

Attorney Charles Ware is the author of 5 best-selling books. His sixth book, tentatively titled,
" Defending Lead Paint Poisoning Cases: Blurred Plumbism", is scheduled for distribution by all major book outlets, including bookstores as well as all major Internet booksellers such as Amazon, Barnes and Nobel, and Books-A-Million, etc.

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD - LEAD PAINT

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD - LEAD PAINT: www.charlesjeromeware.com              " Here to make a Difference." The national litigation law firm of  Charles Jerome Ware, L...

BALTIMORE MARYLAND LANDLORD - LEAD PAINT

www.charlesjeromeware.com             " Here to make a Difference."

The national litigation law firm of  Charles Jerome Ware, LLC is a Maryland-based, nationally-respected, landlord lead-based paint poisoning defense firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

Lead-based paints have vanished from Baltimore and other communities in Maryland for residential use because of toxicity concerns. Their residential use was banned by the Federal government actually in 1977.  However, in large East Coast cities such as Baltimore, District of Columbia, Philadelphia, New York and Boston, etc.,  quantities lead-based paint still exist on the inside and outside surfaces of many residential units (houses and apartments) which were built prior to 1978.

For certain industrial painting requirements however, lead-based paints may still be encountered.

Frequently, in cases where metal needs superior corrosion protection and may be subject to abuse a lead-based paint may be considered. For example, lead carbonate ( aka "white lead"  is a superior paint pigment which has a high affinity for paint vehicles, and a tremendous " hiding" power. It was used a lot by ancient Greeks in their foods, wines, pottery and other items -- causing a lot of lead poisoning (plumbism) among its citizenry. White lead has more recently been substituted by Titanium Oxide and Barium-Zinc-Sulfur combinations. For color, "red lead" and "blue lead" are  used industrially where corrosion protection and color on metal is needed. "Lead Chromates" are frequently used to produce yellow, orange, red, and green paints. "Litharge' is a lead yellow pigment often used in glass or earthenware. lead may be encountered in various glasses and glazes that may turn up in restoration projects. " Lead Flake" still finds use as an exterior primer and "lead oleate" may be encountered as a drier in paints.

Lead (Pb) is a poison in any form. It is one of the "heavy metals" [ Atomic Number= 82; Melting Point= 327.5 degrees centigrade; Boiling Point= 1740.0 degrees centigrade]  and, if in waste form, must always be managed as a hazardous waste. According to  one  Federal government estimate, contamination of as little as 5 parts-per-million makes  a waste " hazardous for lead" .

One of the reasons lead (Pb) is  considered to be a more harmful poison is because it is a "cumulative" heavy metal [ Ask the Romans and the Greeks, et al.]. It is not able to dissolve in water or any other liquid, nor biodegrade, nor dissipate, nor decay, nor burn, etc. Therefore, it accumulates
to harmful levels. An estimated 10 million or more metric tons of lead residue is in the environment, according to lead (Pb) researchers.

Landlords should be aware of the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as  TITLE X,  a Federal law which was passed in an attempt to reduce the number of lead poisoning victims in the United States. TITLE X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to TITLE X to rental property buildings that were constructed prior to 1978.

In order to be in compliance with the EPA's regulations, a landlord must disclose any known lead-based paint or lead hazards on the property before signing a new lease or renewing a lease. In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document that confirms that the landlord disclosed any known lead (Pb) on the rental property. The landlord must keep this confirming document for their records for at least 3 years after the landlord-tenant contractual relationship began.

The Lawyer's Mailbox: MARYLAND LEAD-BASED PAINT ISSUES - A PRIMER ---Bal...

The Lawyer's Mailbox: MARYLAND LEAD-BASED PAINT ISSUES - A PRIMER ---Bal...: www.charlesjeromeware.com              " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, natio...

MARYLAND LEAD-BASED PAINT ISSUES - A PRIMER ---Baltimore Landlord Defense Attorney Charles Ware

www.charlesjeromeware.com             " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, landlord lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

Historically, since pre-historic times, mankind has used lead (Pb) extensively in hundreds of different ways. For example, the Romans were famous for using it in creating their famous acqueducts for water delivery, other plumbing uses, pottery, and even added it to sweeten their unremarkable but popular wine. Many historians comment that this use of lead (Pb) in wine and water, etc., contributed appreciably to the decline ( from plumbism, aka "lead poisoning") of their once-thriving civilization.

Since lead (Pb) is not able to dissolve in water or biodegrade, dissipate, decay, or burn, it makes for a harmful hazard to the human body. It is currently estimated that at least 10 million metric tons of lead residue exists in earth's general environment : meaning, in the air we breathe, water we drink and use, soil, plants, trees, products we make, etc.

Lead (pb) is certainly not just in the lead-based paint previously used in many pre-1978 built residential units and commercial buildings in Baltimore and other communities.

It should be emphasized that lead-based paint, alone and "uninterrupted", is NOT harmful to the human body. It is only when lead-based paint is " interrupted" (i.e., chipped, peeled, cracked, in dust,etc.) and "ingested" by the body can it become harmful.  Children, ages 0 to 6, who have ingested lead either fetally or by mouth are the primary victims of concern for lead poisoning ("plumbism").

Quite frankly, since dust and soil lead (Pb) can be virtually ubiquitous in some residential neighborhoods in large cities like Baltimore because of the long-time legacy of past production of lead, as well as past uses of lead in gasoline, paint and other products, it is extremely in many cases to place the blame or otherwise identify sources for a victim's  plumbism.

Needless to say, in an historic manufacturing city such as Baltimore, sources of lead (Pb) go far beyond just lead-based paint in residential units and buildings.



The Lawyer's Mailbox: HOWARD COUNTY "TOP 10" DIVORCE AND FAMILY LAW ATTO...

The Lawyer's Mailbox: HOWARD COUNTY "TOP 10" DIVORCE AND FAMILY LAW ATTO...: www.charlesjeromeware.com             " Here to make a Difference." Charles Jerome Ware, LLC is a premier Howard County-based, n...

HOWARD COUNTY "TOP 10" DIVORCE AND FAMILY LAW ATTORNEYS - Maryland's CHARLES WARE

www.charlesjeromeware.com            " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Howard County-based, nationally-respected, divorce and family issues law firm.  Attorney Ware is ranked as one of the "Top 10" divorce and family law attorneys in the county--- with over 30 years of highly successful legal representation for numerous satisfied clients. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you with even the most difficult legal circumstances.

The Lawyer's Mailbox: MARYLAND LEAD -Pb- AND THE ENVIRONMENT - BALTIMORE...

The Lawyer's Mailbox: MARYLAND LEAD -Pb- AND THE ENVIRONMENT - BALTIMORE...: www.charlesjeromeware.com                       " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-bas...

MARYLAND LEAD -Pb- AND THE ENVIRONMENT - BALTIMORE LANDLORD Pb DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com                      " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected landlord lead-based paint defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

                        LEAD AND THE GENERAL ENVIRONMENT

Lead (Pb) has been used so widely for centuries that it occurs almost everywhere in the environment.

Throughout earth's history many epidemics of lead poisoning (plumbism) from non-occupational exposure have occurred. From the possible involvement of lead in the fall of the Roman Empire ( the " Devonshire Colic ")  due to the abundant habit by well-heeled Romans of adding lead (Pb) as sweeteners to their unremarkable wine, to the more relatively recent discovery of pediatric plumbism through other environmental sources, lead poisoning has been a problem.

Over many centuries the use of lead in plumbing (the Romans started it), water, pottery, other earthenware, cooking utensils, home remedies and foods, cosmetics, toys, weapons, etc., has added significantly to the wide presence of lead in the general environment.

For instance, when a lead-glazed piece of ceramics is not heated enough, as is still the case in many developing countries, acid food and liquids such as salad dressings, citrus fruit juices and wine make lead dissolve from the glaze. The Mediterranean region and Central America have been notorious for this source of  plumbism.

In the United States, discarded car radiators, etc. are popular for use in distilling illicit whiskey ( aka "moonshine",etc.). Thousands have died from lead poisoning as a result.

Use of lead pipes and other lead plumbing items are still used in United States and Europe, among other countries. Consequently, drinking water as well as other uses of water are exposed to toxic amounts of lead. This issue was exacerbated in the 1960s in the United States when artificial water softening was started. The water softening began to dissolve lead (Pb) from the water pipes --- increasing the consumption by humans of lead.

The continued use by some vineyards of lead arsenate as a pesticide continues to contaminate wine.
Pollution from lead smelters in many countries continues to create plumbism problems, et al.

Monday, April 20, 2015

The Lawyer's Mailbox: SUMMARY OF U.S. LEAD(Pb) LAWS: BALTIMORE MARYLAND ...

The Lawyer's Mailbox: SUMMARY OF U.S. LEAD(Pb) LAWS: BALTIMORE MARYLAND ...: www.charlesjeromeware.com      "Here to make a Difference." Charles Jerome Ware. LLC is a premier Maryland-based, nationally-res...

SUMMARY OF U.S. LEAD(Pb) LAWS: BALTIMORE MARYLAND LEAD(Pb) PAINT DEFENSE ATTORNEY-- CHARLES WARE

www.charlesjeromeware.com     "Here to make a Difference."

Charles Jerome Ware. LLC is a premier Maryland-based, nationally-respected, landlord and landowner lead-based paint defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129.  We can help you.

A Brief Summary of Selected Events, Federal Statutes and Regulations Involving Lead (Pb) :
(1) Lead has been in the earth forever.
(2) In or about200 B.C., lead(Pb) poisoning symptoms in patients were described and diagnosed by Greek physician Nikander, who decided that these symptoms were the result of human exposure to white lead (lead carbonate).
(3) The Romans,too, were early and frequent users of lead in , among other things, their plumbing, pottery, and even as sweetened ( albeit, very harmful ) additives to their unremarkable wine.
(4) In the U.S. the "level of concern" for lead in blood was set in 1970 at 60 micrograms of lead per deciliter of blood.
(5)  In 1971, the Lead-based Paint Poisoning Prevention Act, 42 USC 4822 (PL 91-965) was enacted to mandate inspection of Federal housing for lead paint hazards,  to notify tenants of lead issues, as well as to engage lead hazard abatement.
(6) Further, in 1971, Federal law 42 USC 4831 banned the use of lead-based paint on Federal housing, as well as toys, furniture or cooking utensils .
(7) In 1975, the blood lead "level of concern" was lowered by the Federal government to 30 micrograms per deciliter.
(8)  In 1977, the Consumer Product Safety Commission banned the interstate sale of lead-based paint for residential use.
(9) In 1985, the "blood lead level of concern" was lowered by the Federal government to 25 micrograms per deciliter.
(10) In 1986 the Safe Drinking Water Act Amendments (PL 99-339) imposed a ban on the use of lead in lead plumbing and plumbing repairs.
(11) In 1988, the Lead Contamination Control Act (PL 100-572, October 31,1988) amended the Safe Drinking Water Act, and required testing for lead levels in drinking water in schools, and a recall of water coolers containing lead tanks, valves, or parts.
(12) In 1988, Amendments to the Lead-Based Paint Poisoning Prevention Act, PL 100- 628, [ the McKinney Act], sgifted emphasis from identifying and treating the lead-poisoned child, to detection and remediation of lead-based paint.
(13)  In 1990, the Clean Air Act Amendments of 1990 (PL 101-549) banned the manufacture of engines that burn leaded fuel after 1992; manufacture of leaded gasoline in the United States ended by 1194 [Section 218].
(14) In 1990 the U.S. Department of Housing and Urban Development (HUD) issued guidelines for public housing which defined paint containing 1 milligram of lead per square centimeter of area ( or o.5 percent by weight) to  be "lead-based paint".
(15) In 1991, the Federal "blood lead level of concern" was lowered to 10 - 15 micrograms per deciliter by the Center for Disease Control (CDC).
(16) In 1991, the Food and Drug Administration (FDA) called for a ban on lead foil capsules on wine bottles.
(17) The Lead-Based Paint Exposure Reduction Act was enacted in 1992. This law serves as a comprehensive overhaul of Federal efforts to combat lead-based paint hazards in the United States.

Sunday, April 19, 2015

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANTS: TOXIC SUBSTANCES...

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENDANTS: TOXIC SUBSTANCES...: www.charlesjeromware.com                  " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, na...

BALTIMORE LEAD PAINT DEFENDANTS: TOXIC SUBSTANCES CONTROL ACT, Title IV; TITLE X -- ATTY. CHARLES WARE

www.charlesjeromware.com                 " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.

The LEAD-BASED PAINT EXPOSURE REDUCTION ACT [ TOXIC SUBSTANCES CONTROL ACT, Title IV; Title X, subpart B of the Housing and Community Development Act of 1992; PL 102-550, October 28, 1992]

This Federal law serves as a comprehensive overhaul of efforts to combat lead-based paint hazards. Among other things, the Act:
(1) Provides a regulatory frame work for lead-based paint abatement contractors;
(2) Empowers the U.S. Environmental Protection Agency (EPA) to regulate and set acceptable levels of lead in dust and soil in Baltimore and throughout the United States, as well as set guidelines for the performance of lead-based paint hazard controls and abatement activities;
(3) Requires comprehensive Occupational Safety and Health Act (OSHA) regulations governing lead exposure levels in construction activities;
(4) Sets an aggressive schedule for addressing lead-based paint hazards in all Federal housing; and
(5) Imposes requirements on privately-owned housing and rental units, including disclosure requirements, an opportunity to conduct a pre-purchase lead risk assessment to be incorporated into purchase agreements.



The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT DEFENDANTS : MARYLAND L...

The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT DEFENDANTS : MARYLAND L...: www.charlesjeromeware.com                        " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-ba...

BALTIMORE LEAD-BASED PAINT DEFENDANTS : MARYLAND LEAD POISONING DEFENSE ATTORNEYS - CHARLES WARE

www.charlesjeromeware.com                       " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, lead-based paint poisoning defense law firm.  The firm successfully represents landlords and landowners in claims and lawsuits against them alleging lead(Pb) poisoning. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.

First of all, it is important to note that lead-based paint (outlawed in the U.S. for residential use in 1978), without interruption, is not harmful to humans. It is when this paint is "interrupted" (e.g., chipped, peeled, scratched, in dust, etc.) that it can become harmful to humans.

But, it should acknowledged that lead-based paint is surely not the only source of lead in Baltimore, or elsewhere. In fact, lead in some has been around and in use in the world since at least 200 B. C. In fact, in about 200 B. C.  lead poisoning symptoms ( due to ingestion of lead carbonate, aka " white lead") were described in patients by Greek physician Nikaner. During the Roman Empire, wealthy Romans and others deliberately and intentionally added lead to their wine to sweeten it. Some historians say this addition of lead to wine by the Romans contributed to the decline and eventual death of that empire.  Lead(Pb) is not able to dissolve in water or wine or any other liquid, or biodegrade, dissipate, decay, or burn ---therefore making it an extremely harmful hazard.

An estimated 10 million metric tons  or more of lead residue is in the environment, including:
the air we breathe, the water we drink, soil,  pipes and other plumbing, certain food products, plastics, ceramics, pottery, et al.  < see more>

Friday, April 17, 2015

The Lawyer's Mailbox: The Lawyer's Mailbox: HOWARD COUNTY DUI DEFENSE TI...

The Lawyer's Mailbox: The Lawyer's Mailbox: HOWARD COUNTY DUI DEFENSE TI...: The Lawyer's Mailbox: HOWARD COUNTY DUI DEFENSE TIP : MARYLAND " BEST DU... : www.charlesjeromeware.com               " Here t...

BASIC HOWARD COUNTY DUI TIPS : MARYLAND "BEST 10 DUI AND DWI ATTORNEY"--CHARLES WARE

www.charlesjeromeware.com       " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Howard County-based, nationally-respected, DUI and DWI defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Although DUI and DWI cases in Maryland can be complicated, contrary to popular belief they do not rest on hard science. On the contrary drunk-driving enforcement rely primarily on pseudoscience and even junk science. Unfortunately, many Marylanders get convicted of DUI and DWI every court day, all too frequently by pleading guilty charges even in the face of highly questionable and challengeable prosecution "evidence". Hopefully, you will not be one of them.

NOTE: A DUI conviction can be very detrimental to your career. Generally, in Maryland and most other states, DUI convictions cannot be expunged.

Some basic DUI tips are as follows:

(1) The alleged smell of what is described as "alcohol" on the driver's breath, alone, does not mean he or she is under the influence of alcohol (DUI). Actually, "alcohol" (ethanol) has no odor --- and consequently does not smell. The actual odor associated with the "smell" of alcohol is actually a mixing agent or ingredient that could just as well be mixed in water ( for example, smell the non-alcoholic beverage 'O'Doul's').

(2)  Field sobriety tests are inherently unreliable for a number of varied reasons. A DUI conviction should very rarely rest on the results of these tests alone.

(3)  Blood alcohol test machines allegedly are virtually always  calibrated on the physiology and anatomy of the "average male"[not female]. The problem is there is no average physiology of males; nor for that matter, females. In any event, the machines are biased against female anatomies and physiologies.

(4) Neither field sobriety tests nor the blood alcohol machine tests sufficiently allow for individuals' various medical conditions. For example, GERD ( Heartburn) can cause a falsely high reading on the DUI breath alcohol test.

 (5) "Weaving" your vehicle on the road does not always constitute a valid basis for a DUI traffic stop. For instance, weaving within your lane does not justify a DUI traffic stop.

(6) Following the theme in (5), supra, there several innocent explanations for less-than-perfect (faulty) driving --- particularly over relatively short distances. Driver swerving for short distances, making wide turns or drifting out of your lane briefly are not necessarily signs of drunk driving. Drivers engage in these types of driving mistakes all the time --- including law enforcement.

(7) Despite what they and prosecutors allege, police have no " special ability" or unique training and/or experience to judge intoxication levels in drivers.  Controlled studies performed by research institutions such as Rutgers University have shown this. < see more of our blogs.>

Thursday, April 16, 2015

The Lawyer's Mailbox: HOWARD COUNTY DUI DEFENSE TIP : MARYLAND " BEST DU...

The Lawyer's Mailbox: HOWARD COUNTY DUI DEFENSE TIP : MARYLAND " BEST DU...: www.charlesjeromeware.com               " Here to make a Difference." Charles Jerome Ware, LLC is a premier Howard County, Maryl...

HOWARD COUNTY DUI DEFENSE TIP : MARYLAND " BEST DUI AND DWI ATTORNEYS", AIDUIA - CHARLES WARE

www.charlesjeromeware.com              " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Howard County, Maryland-based, nationally-respected DUI and DWI defense law firm. Defense attorney has been recognized as one of Maryland's " BEST 10 DUI/DWI ATTORNEYS" [AIDUIA].  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

There are several defenses and tips that can be helpful depending upon the facts of an individual's DUI or DWI case. Two are as follow:

(1) Simple alcohol on a driver's breath does not, by itself, mean that she or he is " under the influence" of alcohol.
      In explaining why the DUI officer believes the driver was drunk, he or she virtually always mentions " smelling a strong odor of alcohol on the suspect's breath." But, that's not possible because alcohol (ethanol) has no odor. Instead, the "smell" is actually the mixing agent or flavoring that produces the odor which is commonly associated with alcohol. This mixing agent or flavoring can be added to even plain water and cause the liquid to "smell" like alcohol.  Need an example? Go to your local supermarket and buy a six-pack of, for instance, O'Doul's. It tastes and smells very similar to beer --- but it contains no alcohol.

      Consequently, the simple "smell " test, alone, is just not enough for a decision or judgment of DUI or DWI.

(2) There are a number of reasons why drivers fail field sobriety tests besides simple inebriation, including various illnesses, mobility disabilities or handicaps, effects of medicines, allergies, hindering weather conditions (including wind, etc.), understandable anxiety of the driver, uneven road surfaces, police subjectivity, etc., etc., etc.
       For instance, the non-standardized field sobriety tests include (among others) : the finger-to-nose test the finger-count test, the hand-pat test the coin-pickup test, the alphabet test, the reverse-counting test and the Rhomberg test ( the driver tilting his or her head bact and estimating 30 seconds).  The National Highway traffic Safety Administration (NHTSA) has set no standards for how to administer score or interpret these tests, absolutely no studies have shown them o be reliable indicators of DUI impairment.
         Even when standardized field sobriety tests are administered perfectly (very rare events), they still provide very inaccurate measures of whether Dui and DWI suspects are impaired. According to Federal agency NHTSA (National Highway Traffic Safety Administration), for example, the one-leg stand test has a 65% accuracy rate and the walk-and-turn test has a 68% accuracy rate.
         What this means is , if people were convicted based upon these roadside field sobriety tests, 1/3 of them would be innocent and wrongly convicted of DUI or DWI. And viewed another way, when officers arrest DUI and DWI suspects based upon alleged "failure" of these tests, one in 3 suspects is wrongly or wrongfully arrested.

Wednesday, April 15, 2015

The Lawyer's Mailbox: LEAD PAINT DEFENDANTS : BALTIMORE AND D.C. LEAD PO...

The Lawyer's Mailbox: LEAD PAINT DEFENDANTS : BALTIMORE AND D.C. LEAD PO...: www.charlesjeromeware.com         "Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally-...

LEAD PAINT DEFENDANTS : BALTIMORE AND D.C. LEAD POISONING DEFENSE ATTORNEYS

www.charlesjeromeware.com        "Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, landlord lead poisoning defense law firm. For an initial courtesy consultation, contact the firm at (4100 720-6129 or (410) 730-5016  We can help you.

To the best of our knowledge, significant production of lead (Pb) began around 3000 BC. Large lead mines in Spain and Greece are known to have contributed significantly to the worldwide distribution of lead.

The Roman Empire is credited with being the first society to widely use lead  this view is supported by the fact that the word "plumbing" is derived from the Latin word "plumbum", for lead, which also gave rise to the chemical symbol for lead: Pb.  Lead is slightly sweet to taste, making it an enticing but dangerous additive for fine Roman wines in that day as well as a present day danger for infants and other very young children.

Because lead is not able to dissolve in water or biodegrade, dissipate, decay, or burn, it is an extremely harmful hazard. Essentially, lead is everywhere in populated areas. An estimated 10 million or more metric tons of lead residue is in the environment. This includes water, foods, soil, trees, plants, the air we breathe, work areas, medicines, home remedies, toys, furniture, jewelry, pottery, pipes and other plumbing, et al.

Lead paint by itself is not harmful to humans It is when substantial lead paint dust, chips, peelings and flakes are ingested by pregnant mothers as well as children ages 0 to 6 that "lead poisoning" can occur in some instances, causing neurological damage in children. This is a major reason why the Federal government in 1992 enacted the Residential Lead-Based Paint Hazard Reduction Act, or
TITLE X, in an effort to reduce the number of lead poisoning victims in the United States. TITLE X is enforced by the U. S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental properties that were constructed prior to 1978 ( the year residential use lead-based paint was outlawed in the U.S.).

In order to be in compliance with EPA rules and regulations, landlords must disclose any known lead-based paint or lead hazards on the residential rental property before signing or renewing a lease. In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document that proves the landlord disclosed any known lead (Pb) in or on the rental property. the landlord must keep this corroborating document for their tenant records for at least three years after the landlord -tenant contractual relationship began.

DOCUMENTATION, RECORD-KEEPING and PROPERTY MAINTENANCE are crucial for the landlord in residential property leasing and management.

Tuesday, April 14, 2015

The Lawyer's Mailbox: LEAD POISONING FACTS: BALTIMORE MARYLAND LEAD PAIN...

The Lawyer's Mailbox: LEAD POISONING FACTS: BALTIMORE MARYLAND LEAD PAIN...: www.charlesjeromeware.com               " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, nati...

LEAD POISONING FACTS: BALTIMORE MARYLAND LEAD PAINT DEFENSE ATTORNEYS

www.charlesjeromeware.com              " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, landlord lead poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

(1) Lead (Pb) can also be found in other things besides just lead-based paint in Baltimore, including: drinking water, pipes, plumbing, food, home remedies, toys, furniture, other objects from such countries as China, jewelry, cosmetics, work clothes, soil, plants and trees, playgrounds, school yards, etc.
(2) Residential units built prior to 1978 may have been painted with lead-based paint.
(3) By itself, lead-based paint is not harmful to the human body. It is when the lead paint is disturbed and lead (Pb) is ingested that it can become dangerous, particularly in very young children ages 0 to 6 years of age. Lead paint chips, peelings, , dust, etc., can lead to lead poisoning and serious health complications, particularly among very young children.
(4) It is Federal law --- TITLE X, the Residential Lead-Based Paint Hazard Reduction Act of 1992 ---
that any person or family in the act of renting, buying, or renovating a residential unit built prior to 1978 must be given (and signed for)  Federally-approved ( EPA,etc.) information regarding lead-based paint.
(5) To be clear, residential use of lead-based paint in the United States was outlawed in 1978.
(6) Over one million workers in more than 100 different occupations in Baltimore, Maryland and throughout the United States may be exposed to lead poisoning every day away from their homes.
(7) Lead removal from residential units should be performed by qualified, certified professionals.  Improper lead removal can increase lead poisoning hazards by spreading more lead (Pb) dust throughout the residence.
(8) The Occupational Safety and Health Administration (OSHA) defines lead poisoning as having a blood lead level of 10 microliters/decaliter in humans.
(9)The Centers for Disease Control (CDC) has announced that blood lead levels below 10 microliters/decaliter can have possible detrimental effects on some.
(10) A blood lead poisoning test reflects exposure only over the last 90 days of a person's life.
(11) Lead (Pb) is not able to dissolve in water or biodegrade, dissipate, decay, or burn.
(12) Therefore (see 11, supra), it is estimated that at least 10 million metric tons of lead residue is in our environment.

The Lawyer's Mailbox: MARYLAND LANDLORD LEAD (Pb) LAW RENTAL DISCLOSURES...

The Lawyer's Mailbox: MARYLAND LANDLORD LEAD (Pb) LAW RENTAL DISCLOSURES...: www.charlesjeromeware.com                         "Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-ba...

MARYLAND LANDLORD LEAD (Pb) LAW RENTAL DISCLOSURES: BALTIMORE LEAD (Pb) DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com                        "Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, landlord lead poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.. We can help you.

(1) In 1992, the Residential Lead-Based Paint Hazard Reduction Act, commonly known as TITLE X, was enacted as a Federal law in an attempt to reduce the number of lead poisoning victims in the United States.
(2) TITLE X   is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental properties constructed prior to 1978.
(3)  In order to be in compliance with the EPA's regulations, a residential landlord must disclose any known lead-based paint or lead hazards on the property before renewing or signing a new lease.
(4) In order for the disclosure to be valid, both the landlord and the tenant must sign an EPA-approved document that proves that the landlord disclosed any known lead (Pb) on the rental property. The landlord must keep this confirming document for their records for at least three years after the landlord-tenant relationship initially began.
(5) In addition to this disclosure and the EPA-approved document, the landlord must also provide each tenant with the EPA pamphlet, Protect Your family From Lead In Your Home, or another Maryland state-approved pamphlet.
(6) Landlords who fail to comply with these procedures may face penalties from the EPA of up to $10,000.00 for each violation Additionally, if a landlord fails to disclose known lead in a rental property, and a tenant is injured by the known lead(Pb), the landlord may have to pay the tenant triple damages in any lawsuit.
(7) More information can be gained about lead(Pb) and its dangers in residential rental properties by visiting the EPA's site at  www.epa.gov/lead.

Monday, April 13, 2015

The Lawyer's Mailbox: 10 BALTIMORE LANDLORD COMMON LEAD PAINT MISTAKES: ...

The Lawyer's Mailbox: 10 BALTIMORE LANDLORD COMMON LEAD PAINT MISTAKES: ...: www.charlesjeromeware.com                         "Here to make a Difference. " Charles Jerome Ware, LLC is a premier Maryland-b...

10 BALTIMORE LANDLORD COMMON LEAD PAINT MISTAKES: UPDATE BY LEAD POISONING DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com                        "Here to make a Difference. "

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, landlord lead-based paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

TEN(10) BALTIMORE LANDLORD COMMON LEAD PAINT AND POISONING MISTAKES :

(1) Landlord failure to abide by local, state and Federal lead (Pb) "notice" requirements, such as the
Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as  TITLE X, which is designed to " protect families from exposure to lead from paint, dust, and soil."  Section 1018 of this Federal law directs the U.S. Housing and Urban Development (HUD) department and the U.S. Environmental Protection Agency (EPA) to require the disclosure of known information on lead-based paint and lead-based paint hazards before the rental or sale of most housing built prior to 1978.

(2) Landlord failure to create and maintain a full and complete " Tenant File" for each and every tenant during their residence at each and every residential unit; including, of course, lead paint or poisoning issues.

(3) Landlord failure to document important issues with each tenant : DOCUMENTATION, DOCUMENTATION, DOCUMENTATION.

(4) Landlord failure to properly maintain the property : MAINTENANCE, MAINTENANCE, MAINTENANCE.

(5) LANDLORD use of unlawful provisions in their rental agreement, such as waiver of refund, waiver of right to sue landlord, bar against tenants based race, color religion, national origin gender,disability, etc.

(6) Landlord refusal to make reasonable repairs to the property. The rental agreement should specify who has the duty to make repairs (the landlord or the tenant).

(7) Landlord failure to provide a safe and habitable living environment.

(8) Landlord failure to use qualified and certified lead-based paint inspectors as well as fully-qualified professional property maintenance workers for repairs, etc., on the property.

(9) Landlord failure to follow Maryland's landlord-tenant eviction rules.

(10) Landlord's failure to attempt to acquire adequate insurance on the rental property.

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD PAINT DEFENSE THEMATIC : D...

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD PAINT DEFENSE THEMATIC : D...: www.charlesjeromeware.com                          "Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-b...

BALTIMORE LANDLORD LEAD PAINT DEFENSE THEMATIC : DEFENSE ATTORNEYS CHARLES JEROME WARE,LLC

www.charlesjeromeware.com                         "Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected, lead-based paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

There are numerous judges, elected officials, and commentators who suggest that in certain circumstances in Baltimore and other major East Coast cities that lead poisoning cases are "indefensible." In this law firm, we respectfully disagree. Lead poisoning claims can be defended on a number of grounds.

There are nine(9) keys to successful defense by landlords in lead-based paint poisoning cases:

The first three are PREPARATION, PREPARATION and PREPARATION.

The second three are DOCUMENTATION, DOCUMENTATION and DOCUMENTATION (also referred to as RECORD KEEPING).

The third three are MAINTENANCE, MAINTENANCE and MAINTENANCE.

Education of, and monitoring of rental properties by, residential landlords critical; "responsible ownership" of residential properties by landlords is crucial. We strongly recommend the creation and updating of full and complete "tenant files" for all tenants ( which should include all documentation concerning each tenant and each property.

Saturday, April 11, 2015

The Lawyer's Mailbox: HOWARD COUNTY DIVORCE LAW and PROBLEMS : MARYLAND ...

The Lawyer's Mailbox: HOWARD COUNTY DIVORCE LAW and PROBLEMS : MARYLAND ...: www.charlesjeromeware.com         " Here to make a Difference." Charles Jerome Ware, LLC is a premier Howard County, Maryland-ba...

HOWARD COUNTY DIVORCE LAW and PROBLEMS : MARYLAND LAWYER CHARLES WARE

www.charlesjeromeware.com        " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Howard County, Maryland-based, nationally-respected divorce and family issues law firm dedicated to excellence and success in its legal representation. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Divorces in Maryland are governed both by "law" and "equity". They can be "contested", which requires adversarial(contested) proof, or they can be "uncontested", which usually means on a mutual and voluntary separation basis of at least one year.

All divorces in Maryland require proof of grounds, including a (even if brief) hearing. When filig for divorce, a party must allege pre-existing grounds for the divorce before filing. If a party cannot prove their grounds for divorce, accusing the other spouse of these grounds could be grounds for the award of legal fees to the opposing spouse.

The grounds for an "absolute" divorce in Maryland are as follows:
(1) 1-year mutual and voluntary separation; meaning, living separate and apart for one year without interruption and without consortium;
(2) 2-years' involuntary separation; meaning, living separately and apart for two years without interruption and consortium;
(3) Adultery;
(4)Desertion; for one full year without legal cause, actual or constructive ( i.e., if you are forced to leave by the behavior of your spouse);
(5) Conviction of a felony or misdemeanor; which requires incarceration for one year under a sentence of three or more years;
(6) Insanity); meaning, confined to a mental institution for at least three years;
(7) Cruelty; and
(8) Excessively vicious conduct.

< see more on Maryland Divorce in blogs of Attorney Charles Ware >

The Lawyer's Mailbox: BALTIMORE DHCD "SHOW CAUSE " VACANT HOUSING COMPLA...

The Lawyer's Mailbox: BALTIMORE DHCD "SHOW CAUSE " VACANT HOUSING COMPLA...: www.charlesjeromeware.com                  " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based na...

BALTIMORE DHCD "SHOW CAUSE " VACANT HOUSING COMPLAINT/INJUNCTIVE RELIEF: DEFENSE ATTORNEY UPDATE

www.charlesjeromeware.com                 " Here to make a Difference."

Charles Jerome Ware, LLC is a premier Maryland-based nationally-respected landlord defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.
We can help you.

                              BALTIMORE "Vacant Housing" ENFORCEMENT :
                     "Show Cause" and " Complaint for Injunctive and Other Relief".


Pursuant to Section 4-401 (8), Courts and Judicial Proceedings Article, Annotated Code of Maryland (2015), the District Court of Maryland for the appropriate venue has equity jurisdiction to hear complaints for injunctive and other relief filed by the Mayor and the City Council of Baltimore through DHCD to enforce its Building and Housing Codes, and regulations promulgated thereunder.

The Baltimore City DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) is an agency charged with enforcement of Baltimore City's Building and Housing Codes. Such actions are governed by, among others, Sections 114.3, 114.5 and 114.6 of the Building, Fire, and Related Codes of Baltimore City.

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD LAW FOLDER : DEFENSE ATTO...

The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD LAW FOLDER : DEFENSE ATTO...: www.charlesjeromeware.com              " Here to make a Difference." The information provided herein, though helpful to the read...

BALTIMORE LANDLORD LEAD LAW FOLDER : DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com             " Here to make a Difference."

The information provided herein, though helpful to the reader, is not intended nor designed by itself to create an automatic attorney-client relationship. Charles Jerome Ware, LLC is a premier Maryland-based nationally-respected landlord lead-based paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.  We can help you.

When it comes to effective and successful rental of residential properties in Baltimore, including the very important issue of  residential lead paint (poisoning) law, I have found over many years of successful lead-based paint poisoning defense work that three major keys for landlord success are : documentation, documentation and documentation.

This documentation begins with the early creation of a TENANT FOLDER (file system) to keep all pertinent landlord-tenant documents in one safe and organized place, including not only lease but other notices, receipts, inspections, work orders, work performance confirmations, consents, complaints from both the landlord and the tenant, et al.

Next, it is absolutely crucial that the landlord implement and confirm compliance with all mandatory as well as voluntary RENTAL PROPERTY LEAD DISCLOSURES, as required by local, state and federal law, including the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X. This Act was passed by the Federal government in an attempt to reduce the number of lead poisoning victims in the United States. TITLE X is enforced by the Environmental Protection Agency (EPA) and it enforces regulations related to TITLE X to rental property buildings that were constructed before 1978 ( the year lead-based paint was outlawed in the United States for residential use).

Tuesday, April 7, 2015

The Lawyer's Mailbox: MARYLAND's CHARLES WARE : BEST ATTORNEYS OF AMERIC...

The Lawyer's Mailbox: MARYLAND's CHARLES WARE : BEST ATTORNEYS OF AMERIC...: www.charlesjeromeware.com                   " Here to make a difference." See:   Rue's Ratings, Best Attorneys of America : ...

MARYLAND's CHARLES WARE : BEST ATTORNEYS OF AMERICA

www.charlesjeromeware.com                  " Here to make a difference."

See:   Rue's Ratings, Best Attorneys of America : Honorable Charles Jerome Ware

The Lawyer's Mailbox: CHARLES WARE: TOP LAWYERS IN MARYLAND

The Lawyer's Mailbox: CHARLES WARE: TOP LAWYERS IN MARYLAND: www.charlesjeromeware.com                   " Here to make a difference See: www.thenationaltriallawyers.org/directory

CHARLES WARE: TOP LAWYERS IN MARYLAND

www.charlesjeromeware.com                  " Here to make a difference

See: www.thenationaltriallawyers.org/directory

The Lawyer's Mailbox: MARYLAND'S CHARLES J. WARE: TOP 100 TRIAL LAWYERS

The Lawyer's Mailbox: MARYLAND'S CHARLES J. WARE: TOP 100 TRIAL LAWYERS: www.charlesjeromeware.com                          " Here to make a difference." See :  www.thenationaltriallawyers.org/ direct...

MARYLAND'S CHARLES J. WARE: TOP 100 TRIAL LAWYERS

www.charlesjeromeware.com                         " Here to make a difference."

See :  www.thenationaltriallawyers.org/ directory

Monday, April 6, 2015

The Lawyer's Mailbox: CHARLES JEROME WARE: Former U.S. Department of Jus...

The Lawyer's Mailbox: CHARLES JEROME WARE: Former U.S. Department of Jus...: www.charlesjeromeware.com                  " Here to make a Difference." [Extracted from the Directory of Former United States De...

The Lawyer's Mailbox: CHARLES JEROME WARE: Former U.S. Department of Jus...

The Lawyer's Mailbox: CHARLES JEROME WARE: Former U.S. Department of Jus...: www.charlesjeromeware.com                  " Here to make a Difference." [Extracted from the Directory of Former United States De...

CHARLES JEROME WARE: Former U.S. Department of Justice (DOJ) Attorney

www.charlesjeromeware.com                 " Here to make a Difference."
[Extracted from the Directory of Former United States Department of Justice Attorneys : United States Attorneys, Assistant United States Attorneys, and Department of Justice Attorneys]

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Friday, April 3, 2015

The Lawyer's Mailbox: MARYLAND HOME FORECLOSURE STATUTE OF LIMITATIONS: ...

The Lawyer's Mailbox: MARYLAND HOME FORECLOSURE STATUTE OF LIMITATIONS: ...: www.charlesjeromeware.com       " Here to make a difference." Within  the past six years or so a backlog of delinquent home mort...

MARYLAND HOME FORECLOSURE STATUTE OF LIMITATIONS: Update by Attorney Charles Ware

www.charlesjeromeware.com      " Here to make a difference."

Within  the past six years or so a backlog of delinquent home mortgage loans have caused some serious delays in mortgage foreclosures. It has now become the case that it could potentially take years after a borrower stops making payments before the lender initiates a foreclosure on a mortgaged property.  Therefore, it is important for borrowers to understand what a statute of limitations is, as well as be aware of the time limit for their state ( including Maryland), to ensure that the home mortgage foreclosure is not barred by the statute of limitations [ Maryland's Foreclosure Statutes: code of Maryland ( Real Property) Sections 7-105 through 7-105.8; Maryland Rules 14-201 through 14-209; Maryland Rules 14-305 through 14-306 ].

In Maryland,  mortgage and deed of trust notes are generally drafted as documents under "seal", and are further recorded against the real estate in land records as a lien. Claims of such debts (including mortgage loan foreclosures) are generically known as "specialties' and have a 12-year statute of limitations period to file a foreclosure claim starting from the date of the breach in payment terms by the mortgagee. Unfortunately, this contrasts sharply with a number of other states such as Nevada (only 6 years) which have shorter  statute of limitations periods to foreclose of residential properties.

In 2014 Maryland significantly shortened its time period in which mortgagors can sue mortgages who have been foreclosed upon for the "deficiency" (unpaid amount) remaining after a foreclosure. It was twelve years, it is now 3 years.  Again, Maryland is behind several other states in this "deficiency" area.
[ For informational purposes only. No attorney-client relationship is intended nor created by the information presented in this blog.]

The Lawyer's Mailbox: Alabama Legislative Black Caucus v. Alabama and Al...

The Lawyer's Mailbox: Alabama Legislative Black Caucus v. Alabama and Al...: www.charlesjeromeware.com             " Here to make a difference." [ Supreme Court of the United States (SCOTUS), Docket No. 13...

Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference . Alabama : Attorney Charles Ware's Update

www.charlesjeromeware.com            " Here to make a difference."

[ Supreme Court of the United States (SCOTUS), Docket No. 13-895, Opinion: March 25, 2015, SCOTUS Term: OT 2014]
Limited Summary:  Speaking through a general 5 to 4 narrow decision on several voting rights issues, written by Justice Breyer, the SCOTUS ruled, inter alia, simply that any gerrymandering  ( dividing a territorial unit into election districts to give one political party an electoral majority in a large number of districts while concentrating the voting strength of the opposition in as few districts as possible ) claim must be analyzed " district by district " and not with respect to the State (in this case, Alabama) as an undifferentiated whole. Actually, all nine justices agreed on this specific point; but there was considerable dissent and disagreement on some other issues in the case.