www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint and lead poisoning defense law firm. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129. We can help you when you are being sued for lead paint negligence or lead poisoning.
Lead Paint Disclosure : It's the Law
If a house or apartment was built in the Baltimore metropolitan area prior to 1978, landlords are required to inform residents or applicants for rental that the possibility of lead (Pb) paint exists. In 1992, Congress passed the residential Lead-Based Paint Hazard Reduction Act, also known commonly as TITLE X (10), to protect families from exposure to lead from paint, dust, and soil.
Pursuant to the law, inter alia, disclosure of lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.
In 1996, Federal law was implemented that requires individuals (potential tenants) to receive a Lead Paint Pamphlet and Disclosure Form before renting, buying, or renovating pre -1978 built housing. many houses and apartments constructed before 1978 have paint that contains lead (Pb). Lead that is ingested or inhaled from paint, dust, chips, peelings, etc., can pose serious health hazards if not taken care of properly, which is one of the reasons why the required documents must be given to residents.
ALWAYS HIRE LEAD-CERTIFIED FIRMS FOR REPAIRS OR RENOVATIONS
Do not perform repairs, renovations, home improvement, lead removal or lead abatement work on your pre-1978 built residential rental properties yourself. Under Maryland law, these types of residential rental property work must be done by Maryland Department of the Environment (MDE)lead-certified contractors. An MDE-certified contractor is required to follow procedures covered in State regulations. Anyone who removes lead paint, or who conducts any other residential maintenance or home improvement work which can create a hazard by disturbing lead paint, should follow the safe practices which are included in those Maryland State regulations.
DO NOT DISTURB THE PAINT
"Uninterrupted" lead paint ( aka, in good condition) is not considered harmful to the body. It is "interrupted" (e.g., chipped, peeled, flaked, cracked, dust, etc.) lead paint that is ingested or inhaled that can be harmful to the body. Paint in and on the pre-1978 built residential unit should be checked regularly for chipping, peeling, flaking or deterioration, etc., and any issues addressed immediately.
I routinely preach the following three keys to my landlord clients to avoid or even win lead paint poisoning lawsuits : (1) MAINTENANCE of the rental residential property; (2) NOTICE to the tenants in the rental residential property; and DOCUMENTATION/RECORD-KEEPING on the tenants and the property.
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