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Maryland's Reduction of Lead Risk in Housing Law [Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland] was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. Under the law ("Act") the Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance with the law is mandatory for rental dwellings constructed before 1978, regardless of renovation history.
The law became effective on January 1, 2015, and requires all residential rental properties built before 1978 to comply by, inter alia, paying a fee and registering with the MDE, having the rental property tested for the presence of lead prior to changes in tenancy, and distributing specific lead-risk educational materials to their tenants. Previously, the Maryland Lead Risk Reduction in Housing Act only applied to those properties constructed before 1950. The law was changed in recognition of changed updated reports of childhood lead poisoning cases in houses and apartments.
This law only affects landlords of residential properties and does not affect community associations, unless the community association owns a residential unit/property within the association and is renting out that residential unit/property.
In order to fully comply with this law, a landlord must:
(1) REGISTER all rental residences within 30 days of acquisition with the MDE. Further, all rental residences must be renewed on or before December 31 st of each year. Registration includes the payment of a $ 30.00 fee per rental unit.
(2) DISTRIBUTE tenant educational information to all tenants, namely : (i) "Notice of Tenants' Rights" pamphlet, (ii) a "Protect your Family from Lead in Your Home" brochure, and (iii) a copy of the current lead inspection certificate for the rental property.
(3) PROFESSIONALLY INSPECT the property. All residential rental units must be lead-inspected prior to every change in occupancy. Furthermore, if notified of paint defects in the property, or if a child under age 6 years or a pregnant woman gas a blood lead elevation of 10 micrograms per deciliter, the landlord is required to relocate the tenants to a property that is certified lead-free or temporarily relocate the tenants while work is performed and the tenants my move back into the property.
More information about Maryland's Lead Risk Reduction in Housing Act can be found at : http://mde.maryland.gov.
Charles Jerome Ware is a premier landlord lead paint and lead poisoning defense attorney.
For an initial courtesy consultation, contact Attorney Charles Ware and his staff at (410) 720-6129 or (410) 730-5016. Charles Ware is Maryland-based and nationally-respected.
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