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.
Thursday, April 30, 2015
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.
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.
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.]
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.
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.
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