Ask-The-Experts Forum
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Admin
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| Posted On: 05/15/06 02:38 |
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| How do I renovate my home safely?
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| Replied On: 01/30/08 05:19 |
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| My landlord wants to begin a lead abatement project in my rental home. I have an infant child and do not want the landlord to conduct any abatement at all until after we permanently vacate the property this summer. Is this an option? There is some peeling paint in one room of the house, but the rest is stable. The landlord has offered to re-house us for the few days that the project takes place, but we have read that there really is no way to remediate lead paint safely when a child will be returning to the home. My pediatrician strongly urged us to have the landlord wait until we have left. Can you give any advice? Can our landlord get an official delay from the state so we can finish our lease and move out before any work begins? Is this the right course of action? |
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| Replied On: 02/12/08 03:15 |
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Based on what you described, we can offer a few helpful suggestions on how to approach the situation. Any chipping, peeling or flaking paint in your home, if built before 1978, is a cause of concern especially with a young child. Additionally, you should be careful of the potential of lead dust in the home if there are any friction surfaces (including windows or doors that rub) that contain lead-based paint. If your property was built before 1978, it may contain lead-based paint. If you live in a home that was built before 1950 or a home built between 1950 and 1978 that has opted-in to the Maryland Reduction of Lead Risk in Housing Law, then your landlord must be in compliance with the Maryland Reduction of Lead Risk in Housing Law. This requires that your landlord has registered the property annually with the Maryland Department of the Environment. It also requires that your landlord have a valid Lead Inspection Certificate showing proof that the property has met at least a Risk Reduction Standard. You should have received a “Protect Your Family from Lead in Your Home” brochure, a “Lead Poisoning Prevention Notice of Tenant's Rights” brochure, and a copy of the lead certificate at the inception of your tenancy.
While staying in the property and declining is your decision, we would recommend instead that you ask the owner to repair the defects using a certified contractor. If your rental property was constructed prior to 1950 and the property owner is now aware of defects in the home and the presence of a person at risk, the landlord shall meet the modified risk reduction standard within 30 days. One of the steps of the modified risk reduction is to HEPA-vacuum and wash with high phosphate detergent or its equivalent any area of the property where repairs were made. This step is to remove any lead dust that is created during the repairs. If the repairs will take more than 24 hours, the owner shall pay reasonable expenses for you to relocate. During any time in which the work is being done in your unit, you will want to ensure that any persons at risk, including children under 6 and pregnant women, are out of the home and that any adults are out of the home, if possible, and certainly out of the work area. You do not want your child to return to the home until after the post intervention clean up is completed and the property has passed inspection. The law does provide for a winter waiver for work, but only for work done to the exterior of the property, not for the interior work you are describing. Provided that the work is done safely, your child will be safer living in a property that is free of peeling paint. After the risk reduction work is completed, you should request that the owner have the property inspected versus verifying yourself that the work has been done. Asking for the inspection will insure that the owner will have the property inspected by an accredited inspector. Since your property owner sounds responsive to your concerns, you might also discuss having the property owner get a lead dust test after the defects have been repaired rather than a visual inspection. Either inspection meets the Maryland requirements, but a lead dust test will better verify whether proper clean up was done to address lead dust hazards that may have remained after the work was completed. If you decide to refuse access to the owner to make the repairs until your lease expires, the owner may not be liable for any damage arising from your refusal to allow access to the home. The owner may also face local or state enforcement action at some point which may require entry into the property to remedy the defects.
While we can assist you in understanding your rights as a tenant, we cannot provide legal advice on how you should proceed unless we are formally representing you. The Coalition has a Family Advocacy Program that can assist tenants in Rent Escrow Actions for the repair of lead hazards and I would encourage you to contact our Program at 410-534-6447 or 800-370-5323 if you need more assistance. You may also want to speak with an attorney if you need legal advice.
Lastly, we provide compliance assistance to rental property owners who need help in understanding the basic requirements of the Maryland lead laws and where to locate resources to conduct the work safely. If your landlord has questions, we can provide them with assistance in understanding how to do the work properly and will send them a free compliance packet with available resources. |
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