Friday, April 15, 2016
The Lawyer's Mailbox: ABC's of Lead Paint Poisoning Defense
The Lawyer's Mailbox: ABC's of Lead Paint Poisoning Defense: www.charlesjeromeware.com Lead paint poisoning cases these days are most frequently brought by residential rental tenants against thei...
ABC's of Lead Paint Poisoning Defense
www.charlesjeromeware.com
Lead paint poisoning cases these days are most frequently brought by residential rental tenants against their landlords. The residential rental properties are most commonly pre-1978 constructed houses and apartments. That is the case because these homes are the ones more likely to contain lead-based paint. The Federal government banned consumer use of lead-based paint in 1978, thus
outlawing lead paint for residential use in the United States.
There are numerous lead and lead paint local, state and federal laws, rules and regulations that landlords should be aware of, and follow, before purchasing and when renting pre-1978 residential properties. Certified lead inspection as well as licensed, professional maintenance of these properties
is necessary; lawful notice to tenants is crucial; and diligent, organized record-keeping on tenants and the property is very helpful. These records should be maintained , I recommend, for at least 21 years after each tenancy begins.
Charles Jerome Ware is a premier lead paint and lead poisoning defense attorney who is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
Lead paint poisoning cases these days are most frequently brought by residential rental tenants against their landlords. The residential rental properties are most commonly pre-1978 constructed houses and apartments. That is the case because these homes are the ones more likely to contain lead-based paint. The Federal government banned consumer use of lead-based paint in 1978, thus
outlawing lead paint for residential use in the United States.
There are numerous lead and lead paint local, state and federal laws, rules and regulations that landlords should be aware of, and follow, before purchasing and when renting pre-1978 residential properties. Certified lead inspection as well as licensed, professional maintenance of these properties
is necessary; lawful notice to tenants is crucial; and diligent, organized record-keeping on tenants and the property is very helpful. These records should be maintained , I recommend, for at least 21 years after each tenancy begins.
Charles Jerome Ware is a premier lead paint and lead poisoning defense attorney who is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
Thursday, April 14, 2016
BALTIMORE LEAD PAINT DISCLOSURE for LANDLORDS - 101 : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.
1. All pre-1950 built residential rental properties must have a valid lead certificate. The three types of certificates are: (I) lead-free, (ii) limited lead-free, and (iii) full risk reduction (also referred to as dust swipes or lead-safe).
2. Additionally for all 1950 to 1978-built residential rental properties, on tenant turnover from January 1st, 2015 landlords must : (i) have a valid lead paint certificate; (ii) have the property registered with the MDE (you can opt out of this registration if you have a lead-free or limited lead free certificate, see 1 supra); (iii) give the tenants the Maryland "Notice of Tenants Rights", along with the EPA Brochure. Tenants must sign confirmation of receipt of these documents; and (iv) ensure tenants sign they have received the abovereferenced pamphlets evry two years.
Premier landlord lead paint and lead poisoning defense attorney Charles Jerome Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129 or (410) 730-5016. He can help you.
1. All pre-1950 built residential rental properties must have a valid lead certificate. The three types of certificates are: (I) lead-free, (ii) limited lead-free, and (iii) full risk reduction (also referred to as dust swipes or lead-safe).
2. Additionally for all 1950 to 1978-built residential rental properties, on tenant turnover from January 1st, 2015 landlords must : (i) have a valid lead paint certificate; (ii) have the property registered with the MDE (you can opt out of this registration if you have a lead-free or limited lead free certificate, see 1 supra); (iii) give the tenants the Maryland "Notice of Tenants Rights", along with the EPA Brochure. Tenants must sign confirmation of receipt of these documents; and (iv) ensure tenants sign they have received the abovereferenced pamphlets evry two years.
HOMES AFFECTED BY MARYLAND'S LEAD PAINT LAW - A SUMMARY : Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference. Maryland-based, Nationally-respected."
Attorney Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense lawyer.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or
(410) 730-5016. He can help you.
In Maryland, homes covered by Maryland's lead paint law are the pre-1978 built residential rental houses and apartments ("Affected Properties"). These properties are regulated by Maryland's Reduction of Lead Risk in Housing Act.
Owner-occupied properties/units are nor regulated in Maryland. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law.
Affected Properties owned or operated by Federal, State, or local government or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland's lead paint law.
Attorney Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense lawyer.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or
(410) 730-5016. He can help you.
In Maryland, homes covered by Maryland's lead paint law are the pre-1978 built residential rental houses and apartments ("Affected Properties"). These properties are regulated by Maryland's Reduction of Lead Risk in Housing Act.
Owner-occupied properties/units are nor regulated in Maryland. Affected Properties that are MDE-certified lead-free or limited lead-free are exempt from Maryland's lead paint law.
Affected Properties owned or operated by Federal, State, or local government or by a public, quasi-public, or municipal corporation are also exempt, provided the Affected Properties are subject to standards at least as strict as the standards established by Maryland's lead paint law.
MARYLAND REDUCTION OF LEAD RISK IN HOUSING LAW : A PRIMER --- Charles Jerome Ware, LLC
www.charlesjeromeware.com
Maryland's Reduction of Lead Risk in Housing Law [Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland] was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. Under the law ("Act") the Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance with the law is mandatory for rental dwellings constructed before 1978, regardless of renovation history.
The law became effective on January 1, 2015, and requires all residential rental properties built before 1978 to comply by, inter alia, paying a fee and registering with the MDE, having the rental property tested for the presence of lead prior to changes in tenancy, and distributing specific lead-risk educational materials to their tenants. Previously, the Maryland Lead Risk Reduction in Housing Act only applied to those properties constructed before 1950. The law was changed in recognition of changed updated reports of childhood lead poisoning cases in houses and apartments.
This law only affects landlords of residential properties and does not affect community associations, unless the community association owns a residential unit/property within the association and is renting out that residential unit/property.
In order to fully comply with this law, a landlord must:
(1) REGISTER all rental residences within 30 days of acquisition with the MDE. Further, all rental residences must be renewed on or before December 31 st of each year. Registration includes the payment of a $ 30.00 fee per rental unit.
(2) DISTRIBUTE tenant educational information to all tenants, namely : (i) "Notice of Tenants' Rights" pamphlet, (ii) a "Protect your Family from Lead in Your Home" brochure, and (iii) a copy of the current lead inspection certificate for the rental property.
(3) PROFESSIONALLY INSPECT the property. All residential rental units must be lead-inspected prior to every change in occupancy. Furthermore, if notified of paint defects in the property, or if a child under age 6 years or a pregnant woman gas a blood lead elevation of 10 micrograms per deciliter, the landlord is required to relocate the tenants to a property that is certified lead-free or temporarily relocate the tenants while work is performed and the tenants my move back into the property.
More information about Maryland's Lead Risk Reduction in Housing Act can be found at : http://mde.maryland.gov.
Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. Charles Ware is Maryland-based and nationally-respected.
Maryland's Reduction of Lead Risk in Housing Law [Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland] was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. Under the law ("Act") the Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance with the law is mandatory for rental dwellings constructed before 1978, regardless of renovation history.
The law became effective on January 1, 2015, and requires all residential rental properties built before 1978 to comply by, inter alia, paying a fee and registering with the MDE, having the rental property tested for the presence of lead prior to changes in tenancy, and distributing specific lead-risk educational materials to their tenants. Previously, the Maryland Lead Risk Reduction in Housing Act only applied to those properties constructed before 1950. The law was changed in recognition of changed updated reports of childhood lead poisoning cases in houses and apartments.
This law only affects landlords of residential properties and does not affect community associations, unless the community association owns a residential unit/property within the association and is renting out that residential unit/property.
In order to fully comply with this law, a landlord must:
(1) REGISTER all rental residences within 30 days of acquisition with the MDE. Further, all rental residences must be renewed on or before December 31 st of each year. Registration includes the payment of a $ 30.00 fee per rental unit.
(2) DISTRIBUTE tenant educational information to all tenants, namely : (i) "Notice of Tenants' Rights" pamphlet, (ii) a "Protect your Family from Lead in Your Home" brochure, and (iii) a copy of the current lead inspection certificate for the rental property.
(3) PROFESSIONALLY INSPECT the property. All residential rental units must be lead-inspected prior to every change in occupancy. Furthermore, if notified of paint defects in the property, or if a child under age 6 years or a pregnant woman gas a blood lead elevation of 10 micrograms per deciliter, the landlord is required to relocate the tenants to a property that is certified lead-free or temporarily relocate the tenants while work is performed and the tenants my move back into the property.
More information about Maryland's Lead Risk Reduction in Housing Act can be found at : http://mde.maryland.gov.
Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. Charles Ware is Maryland-based and nationally-respected.
Wednesday, April 13, 2016
The Lawyer's Mailbox: HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TI...
The Lawyer's Mailbox: HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TI...: www.charlesjeromeware.com " Here to make a Difference." It is both local, state and federal law that all contractors or worker...
HOME CONTRACTOR LEAD PAINT ABATEMENT OR REMOVAL TIPS : Charles Jerome Ware, LLC
www.charlesjeromeware.com " Here to make a Difference."
It is both local, state and federal law that all contractors or workers who are hired to perform work on residential properties that may contain lead-based paint --- including lead abatement or removal work, of course --- are required to be officially lead-certified and/or licensed. In Maryland, for example, it means the contractor must be accredited by the Maryland Department of the Environment (MDE). In Pennsylvania, the appropriate certifying agency is the Pennsylvania Department of Labor and Industry (PDLI). The Federal Environmental Protection Agency (EPA) provides over-all national guidance, rules and procedures on these issues
For comprehensive information on safe renovation techniques and lead poisoning, refer to :U.S. Environmental Protection Agency (http://www.epa.gov/lead). In Maryland see, Maryland Department of the Environment (http://www.mde.state.md.us/lead). In Pennsylvania see, Pennsylvania Department of Labor and Industry/http://www.portal.state.state.pa.us//lead).
By definition in Maryland, "lead paint abatement work" includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting.
[Charles Jerome Ware. LLC is a premier lead paint and lead poisoning defense attorney. Attorney Charles Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact him and his staff at (410) 720-6129 or (410) 730-5016 ]
It is both local, state and federal law that all contractors or workers who are hired to perform work on residential properties that may contain lead-based paint --- including lead abatement or removal work, of course --- are required to be officially lead-certified and/or licensed. In Maryland, for example, it means the contractor must be accredited by the Maryland Department of the Environment (MDE). In Pennsylvania, the appropriate certifying agency is the Pennsylvania Department of Labor and Industry (PDLI). The Federal Environmental Protection Agency (EPA) provides over-all national guidance, rules and procedures on these issues
For comprehensive information on safe renovation techniques and lead poisoning, refer to :U.S. Environmental Protection Agency (http://www.epa.gov/lead). In Maryland see, Maryland Department of the Environment (http://www.mde.state.md.us/lead). In Pennsylvania see, Pennsylvania Department of Labor and Industry/http://www.portal.state.state.pa.us//lead).
By definition in Maryland, "lead paint abatement work" includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting.
[Charles Jerome Ware. LLC is a premier lead paint and lead poisoning defense attorney. Attorney Charles Ware is Maryland-based and nationally-respected. For an initial courtesy consultation, contact him and his staff at (410) 720-6129 or (410) 730-5016 ]
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