For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Friday, April 24, 2015

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.

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