PROTECTING MARYLAND TENANTS FROM TOXIC LEAD : BALTIMORE LEAD DEFENSE LAWYERS

www.charlesjeromeware.com                   "Here to make a Difference."

Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you when you have been sued in a lead paint or lead poisoning lawsuit.

When renting a house or an apartment in Maryland or the District of Columbia that was built prior to 1978, landlords must be vigilant about the public health issue of lead paint. Particularly in certain residential areas of Baltimore, in houses and apartments built before 1978, there is a good chance these units have some lead paint. In 1978, the federal government consumer (including residential) uses of lead-based paint, but Maryland banned it even earlier --- in 1951 !

Lead paint is still present in many homes; frequently under layers of newer lead-free paint. If the lead paint is in good shape ("uninterrupted"), it is usually not a problem for tenants. It is "interrupted" or deteriorated lead-based paint ( i.e., chipped, peeled, chalked, cracked, damaged, in dust form, etc.) that it can be a hazard to the human body when ingested or inhaled. This lead paint needs immediate corrective attention; particularly since many children up to age 6 are prone to chewing on, inhaling or ingesting the sweet-tasting lead in the paint.

Be aware, however, that lead paint in residential housing is not the only source of toxic lead for tenants. Some of the other sources of lead (Pb) include, among others : the air we breathe, drinking water, dust in the air, soil, playgrounds, food and drinks, furniture, toys, job and other industrial sites, jewelry, cosmetics, home or folk remedies, pipes and other plumbing fixtures, jobs, hobbies, etc. Lead is a ubiquitous and long-lasting element. It is not dissolvable in water, does not decay, and does not burn. It lasts, and lasts, and lasts. It is estimated that since humans discovered lead over 6,000 years ago, and began using it in substantial quantities  over 2,500 years ago, more than 10 million metric tons of the stuff now exists in our environment.

Recognizing the health problems caused by lead poisoning ("plumbism"), Federal Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE  10, was enacted (42 U.S.C. 4852d).   The Act directs the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) to write regulations specifying how TITLE 10's goal of lead hazard reduction should be accomplished.

In Maryland, landlords must be careful to hire for any lead abatement or renovation work on pre-1978 built residences contractors who are certified or accredited by the Maryland Department of the Environment (MDE). Under Maryland law, workers who perform purposeful lead abatement shall be trained by a training provider approved by MDE.

(1) MAINTENANCE of the rental property, (2) NOTICE to tenants, and (3) DOCUMENTATION/RECORD-KEEPING are crucial for success in renting residential units in Maryland and Washington, D.C.