www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He and his firm can help you.
Some scientists estimate that over 10 billion pounds of lead (Pb) were used in the manufacture of leaded paint in the United States between 1889 and 1970. Lead paint was banned by the Federal government for consumer and residential uses in the United States in 1978 [U. S. Consumer Product Safety Commission]. While much of the previously laid down lead paint is now covered up, the lead paint that is exposed continues to deteriorate, posing an ongoing and potentially increasing health risk; particularly in children under age 6 years.
With the gasoline companies and paint manufacturers avoiding liability, it is the inner-city residential rental landlords who continue to experience the burden of lead paint poisoning claims and lawsuits in Maryland and the District of Columbia,
One of the biggest problems for residential rental landlords is the fact that lead (Pb) is virtually everywhere in our society, From even just one of numerous sources of lead --- the now banned use of lead in gasoline in the U. S. ---there is estimated to be lead residue of over 13 billion pounds of fine lead dust from leaded gasoline in the environment; concentrated in population centers such as Baltimore and D.C. where traffic has been the heaviest.
Residential landlords must be aware that any residential unit (house or apartment) that was built in Baltimore or D.C. prior to 1978 must be treated as though it does in fact contain lead paint, unless a certified or accredited (in Maryland, MDE-accredited) lead paint inspector (or assessor) has issued a formal report indicating that the entire property has been tested and contains no lead-based paint.
Residential landlords of pre-1978 residential units must be aware that both Maryland and District of Columbia laws require that all lead abatement and removal work, as well as other home repair or improvement work, on these properties be supervised by government-certified or accredited firms and supervisors that have successfully completed the required training for projects involving lead (Pb).
Residential landlords must be aware that for all residential properties built before 1978. landlords must inform the tenants or applicants for tenancy that the possibility of lead (Pb) in the property exists. In 1992, the Federal government passed the Residential Lead-Based Paint Hazard Reduction Act, also commonly known as TITLE X, to protect families from exposure to lead from lead paint, dust, and soil. Under this law, disclosure of known information by the landlord on lead paint and lead paint hazards on the property must be made to the applicant or tenant before the sale or lease is made
(of most properties).
Lead paint in good condition (i.e, "uninterrupted") is usually not harmful to the body. It is when lead paint is "interrupted" (i.e., chipped, peeled, cracked, in dust form,etc.) and inhaled or ingested into the body, that it can be harmful.
Remember : (1) good MAINTENANCE of the property; (2) adequate and lawful NOTICE to tenants, and (3) good DOCUMENTATION/RECORD-KEEPING on both tenants and the property are part of
landlord prevention of lead poisoning ("plumbism").
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