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This site offers legal information, not legal advice; nor does it establish an attorney-client relationship. For questions or an initial courtesy consultation, call premier lead paint and lead poisoning defense attorney Charles Jerome Ware and his colleagues at (410) 720-6129 or (410) 730-5016.
Due principally to area's large number of pre-1978 built houses and apartments, as well as its prior heavy industrial exposure to lead (Pb), Baltimore landlords are major targets of lead paint and lead poisoning claims and lawsuits. In fact, there are some commentators who believe that some lead paint claims in Baltimore are "indefensible". We respectfully disagree. There are always defenses to these serious claims.
In an effort to expand the knowledge base among landlords and residents the Baltimore, Maryland metropolitan area about lead paint laws, we offer the following brief summary of source information:
- From THE PEOPLE'S LAW LIBRARY OF MARYLAND "Lead Paint Law: Rights and Obligations
for Renters and Property Owners [ www.peoples-law.org] : Maryland and Federal Laws about lead paint are designed to reduce childhood lead poisoning while maintaining affordable rental housing.
These laws provide rights and duties for renters and property owners in pre-1978 residential rental properties/units ("Affected Properties").
The homes that are covered by Maryland's lead paint law : Only pre-1978 built residential rental properties/units are regulated by the Maryland Reduction of Lead Risk in Housing Act. Owner-occupied properties/units are not regulated. Affected properties/units that are Maryland Department of the Environment (MDE)-certified lead-free or limited lead-free are exempt from Maryland lead paint law. Affected properties/units 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 in Maryland's lead paint law [ Md. Code Ann., Environment, Sections 6-801, 6-803, and 6-804].
- See, The Residential Lead-Based Hazard Reduction Act of 1992, also known as TITLE X (10), 42 U.S.C. Section 4851, et seq.; 24 C.F.R. Section 35.80, et seq.; and 40 C.F.R. Section 745.100, et seq.
- The Environmental Protection Agency's (EPA) 2008 Lead Renovation, Repair and Painting Rule ( "RRP RULE"); 15 U.S.C. Section 2681,et seq., 40 C.F.R. Section 745.80, et seq.
Maryland Department of the Environment (MDE) " Facts About Maryland's 'Lead Law', Summary of Compliance Requirements - Residential Rental Properties " [ Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland - effective January 1, 2015, and applies to all residential rental dwelling units built prior to 1978 [www.mde.state.md.us/lead]
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