Maryland Laws
Maryland Laws
Maryland's Reduction of Lead Risk in Housing Law
This law is the basis for the Maryland Lead Poisoning Prevention Program established by the General Assembly in 1994 for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of older residential properties to meet certain risk reduction standards while providing the protection of limited liability for owners who comply.
- Owners of all rental dwelling units built before 1950 must comply with this law. Failure to do so will restrict an owners ability to access District (Rent) Court, discussed further below in HB1245.
- Owners of units built between 1950 and 1978 may choose to comply and thus benefit from limited liability protection.
To comply with the law & obtain liability protection, owners must do the following:
1. Register all rental dwelling units ($15 annual fee per unit) with the Maryland Department of the Environment. When an owner acquires a new affected property, the owner has 30 days after aquisition to register that property.
2. Meet Full Risk Reduction Standards upon each change in tenant occupancy before the unit is re-rented. These standards can be met by either:
- Passing a lead dust test that meets the Maryland Lead Dust Clearance Standard and receiving a Lead Inspection Certificate, provided that any chipping, peeling, or flaking paint in the property has been removed or repainted; OR
- Completing Full Risk Reduction Measures (by a certified contractor) and receipt of an Inspection certificate (by a certified inspector). You may also wish to see our Work Safely tab above. These measures include:
- a visual review of all exterior and interior painted surfaces
- removal and repainting of any chipping, peeling, or flaking paint on exterior and interior surfaces
- repair of any structural defects that are causing paint to chip, peel or flake
- stripping and repainting, replacing or encapsulating all interior window sills with vinyl, metal or other approved materials
- installation of caps of vinyl, aluminum or other approved materials in all window wells to make wells smooth and cleanable
- fixing of the top of the sash of all windows to prevent friction caused by the opening and closing of windows
- rehanging of all doors necessary to prevent the rubbing together of lead-painted surfaces with another surface
- making sure all kitchen & bathroom floors are overlaid with a smooth, water-resistant covering
- making all bare floors smooth and cleanable
- HEPA vacuuming and wet-washing the interior of the unit.
3. Distribute, by verifiable method, the following publications: a) "Protect Your Family From Lead In Your Home" b) "Lead Poisoning Prevention Notice of Tenant's Rights," and c) copy of the current Lead Hazard Inspection Certificate to all new tenants at the inception of a new tenancy. For existing tenants, they must receive copies of the first two publications every two years by a verifiable method.
Additionally, rental property owners must:
- Have all affected properties certified by an independent MDE-accredited inspector. Lists of certified inspectors may be obtained from the Coalition.
- Work performed in affected properties must be completed by accredited contractors.
- Comply with Modified Risk Reduction Standards when notified of certain conditions such as damaged paint, structural defects, or the presence in the unit of a child or pregnant woman with an elevated blood lead level (currently 10 µg/dL). Tenants are given the right to send Notices of Defect/Elevated Blood Lead Level, which triggers the property owner's obligation to perform the Modified Risk Reduction Standards within thirty (30) days.
- By February 24, 2006, certify that 100% of their properties have met teh appropriate Risk Reduction Standards at least once regardless of any turnover.
Units Exempted from State Law
- Rental units built after 1978
- Rental units owned or operated by Federal, state or local Government or by a public, quasi-public, or municipal corporation, provided the property is subject to standards that are at least as strict as the standards established by this law.
- Rental units certified by a Maryland Department of the Environment accredited inspector to be Lead Free.
- Rental units not considered permanent housing units (e.g. vacation homes.)
|
