INSIDE BALTIMORE-D.C. LEAD PAINT DEFENSE: Charles Jerome Ware, P.A., Attorneys & Counselors

Landlord/Owner Lead Paint Law in Baltimore, Maryland and Washington, D.C.

www.CharlesJeromeWare.com ("We fight.  You win.")

www.CharlesJeromeWare.com ("We fight.  You win.")

Lead Paint Defense Law Update in Baltimore and Washington, D.C.:

Landlords in Baltimore --- is there chipping, flaking or peeling in your property?  If so, beware.  Take precautions.

1. Look for chipping, peeling, or flaking paint on interior and exterior walls, window sills, wells and frames, door frames, ceilings, wooden trim, stairwells, floors and porches. Lead dust is most often created by the opening and closing of old windows and doors.
    
2. Remember that renters of your property can file petitions for rent escrow in District Court to raise the issue of lead paint and other hazardous conditions in your property.
    
3. Landlords are required by law to perform “risk reduction” on pre-1950 properties.
   
   "Risk Reduction" is a series of treatments by an accredited repair person who are specially trained to perform the repairs to minimize the risk of lead exposure to you and your tenants.
    
   These treatments include:
   • The removal and repair of chipping, flaking, peeling paint.
   • The capping of window wells with vinyl or aluminum.
   • The use of special cleaning procedures to pick up lead dust once repairs are completed.
4.  Why is the issue of lead exposure in Baltimore so important?

Because, if you live in or own an older house (generally built before 1950) in Baltimore, lead paint is a public health problem --- particularly since it may harm pregnant women or young children.

In fact, for a number of years now, Baltimore has ranked among the most hazardous cities in the U.S. for lead poisoning.  The East Coast (U.S.) major cities of Baltimore, New York and Philadelphia have, among other locations, serious lead paint problems.  In Baltimore, a majority of lead paint poisoning cases occur in Park Heights, Sandtown and Middle East.

Which Baltimore dwellings are covered by Maryland's lead paint laws?

If you live in or own a rental house built before 1950, the house (if not occupied by the owner) falls under a special Maryland law that protects tenants and imposes certain duties on landlords. The law also limits a landlord’s liability if s/he can meet certain standards. In addition, owners of houses built between 1950-1978 may also participate in the special liability limitation program.

A recommended resource and starting place is the MD Department of the Environment’s "Lead Line" website. The site includes "What Every Parent Should Know About Lead", tips on how to identify lead paint hazards, a special package of material for tenants, owner rights and responsibilities plus resources if you suspect lead is present (including laboratories for testing, lead blood level information and lead paint abatement services and contractors).

Comparing State and Federal Laws

Federal and state laws address lead poisoning issues in slightly different ways. A shared feature is that each law requires that specific information be given to current and new tenants. Both Federal and Maryland law require landlords to give to each tenant the pamphlet “Protect Your Family from Lead in Your Home”. Maryland law also requires distribution by landlords of an additional pamphlet entitled “Lead Poisoning Prevention - Notice of Tenants’ Rights”.

For detailed information about the federal law and how to obtain copies of the federally mandated pamphlet, call the National Lead Clearinghouse at 1-800-424-LEAD (5323) or the Coalition to End Childhood Lead Poisoning at 410-534-6447.

In addition, for detailed information about the Maryland law and how to obtain copies of the state-mandated “Notice of Tenants’ Rights” call the Maryland Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009, or the Coalition to End Childhood Lead Poisoning at 800-370-LEAD.

Maryland Lead Poisoning Prevention Program

In 1994 the General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential rental properties to meet certain risk reduction standards. It also provides more affordable insurance and the protection of limited liability for owners who comply. It is administered by the Maryland Department of the Environment (MDE). For more information call the Lead Poisoning Hotline at 1-800-776-2706, or TDD (410) 631-3009. Read the Law: MD Code,  Environment § 6-801- 6-852;  Article 48A, Secs. 734-737; Real Prop. § 8-208.2

Following is a summary of the law:

The owners of all rental dwelling units built before 1950 must comply with this law.  Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability.

The law exempts rental units owned or operated by federal, state, or local government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.

To Obtain Liability Protection, Owners Must:

Register all rental dwelling units with the Maryland Department of the Environment before December 31, 1995. Owners who acquire affected property after that date must register within 30 days after acquisition.

Effective February 24, 1996, owners must distribute, by a verifiable method, the “Notice of Tenant’s Rights” and “Protect Your Family From Lead In Your Home” pamphlets to all new tenants at the inception of a new tenancy. For existing tenants, they must receive both copies every two years by a verifiable method.

Meet the Full Risk Reduction standard upon each change in tenant occupancy before the unit is re-rented.  These standards can be met by either passing a test for lead dust or by undertaking appropriate lead hazard treatment such as removing chipping, peeling, or flaking paint, stripping and repainting, replacing, or enclosing interior window sills with approved materials, making bare floors smooth and cleanable.

Have all treated units certified by an MDE-accredited inspector.

Comply with specific Risk Reduction standards when notified of certain conditions such as chipping paint or the presence in the unit of a child or pregnant woman with an elevated blood lead level of 15 Fg/dl or higher.
www.CharlesJeromeWare.com ("We fight.  You win.")

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is one of Maryland's and Washington, D.C.'s premier lead paint defense firms.

Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]