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.]