www.charlesjeromeware.com " Here to make a Difference."
Calculating the risks of residential landlords being sued for lead paint poisoning in major metropolitan communities such as here in Baltimore is something we work with everyday in my
landlord defense law practice. To my knowledge and experience, virtually every major
metropolitan area in the Northeast states with residences built before 1978, old industrial buildings and sites, public and commercial buildings and sites, etc., have some form of lead paint , lead soil, and lead dust problem. Major reasons for this fact are, among other things : lead is a malleable, soft, very useful and utilitarian, heavy metal (Atomic Number 82) that does not dissolve in water, nor decay, nor dissipate, nor burn; and it possesses a scientific "half-life" of over 500,000 years. In other words --- lead (Pb) lasts, and lasts, and lasts ... virtually forever !
It is believed that lead (Pb) was first mined and used in civilizations as far back as 4,000 B.C. --- over 6,000 years ago. Its mining and use in many societies has been consistently prolific since that early time, and has not diminished except in a few places such as the United States.
The use of lead paint (white lead) allegedly began in the United States probably during Colonial times, although it is more likely that the original native Americans (Indians) used it to paint their horse markings, tents, themselves, etc., even before the colonial settlers.
The following are just a few of the many tips and risks I apprise my landlord clients of in evaluating
their risks of lead paint poisoning claims and lawsuits :
1. Be realistic about the fact that if your rental property was built before 1978, and with even more certainty before 1950, its original paint is most likely lead-based. Get your rental property lead-inspected by a certified and licensed lead inspector immediately.
2. Even after lead paint abatement and removal on the building structure, lead dust and lead soil can still linger on or near the rental property. By law in the United States, all lead abatement must be performed by State and or Federally-certified and licensed workers and contractors. When it comes to
residential rental properties, "doing it yourself" or hiring the handyman to remove lead paint is not allowed unless you and your handyman are "lead-certified."
3. There are several Federal, state and local laws in effect that every residential rental landlord should be aware of. They must be followed. Check with your local and state, as well as Federal public health, public housing, and environment agencies.
4. From Title 10 to the Lead Disclosure Rule, and beyond, there are rules and protocols mandating proper notices to tenants concerning lead risks. Follow them strictly.
5. Being a landlord for pre-1978 built properties is risky. Know what you are doing before you get into this business; and, if you in it, work at doing a good job at it. It does take work.
6. Good maintenance on the property is imperative.
7. Lawful and proper notice to the tenant is crucial.
8 Organized record-keeping (tenant files, property files, maintenance files, etc.) is paramount.
9. Remember :
Not all victims of lead poisoning in urban areas such as Baltimore become sick because of lead paint in or on their residential rental units. For example, toxic lead can be found in the air we breathe, the water we drink and use, the dust and soil, food and drinks, work sites and work clothes, toys and furniture, jewelry and cosmetics, hobbies and folk remedies, playgrounds and sandlots, many other products and situations, etc.
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