Compliance Instructions

Property Owner Compliance PowerPoint

The Maryland "Reduction of lead Risk in Housing" law went into effect on February 24, 1996. The law's intent is to reduce the incidence of childhood lead poisoning while maintaining an affordable rental housing stock. In return for full compliance with the law, owners receive limited liability protection from potential lawsuits resulting from a child being poisoned in an affected property.

What Is An Affected Property?

• A residential rental property constructed prior to 1950; or
• A residential rental property constructed between 1950-1978 where the owner elects to comply with the law.

What Properties Are Not Covered by the Law?

• Properties constructed after 1978;
• Properties that are certified lead-free;
• Properties that are not offered for rent.

What is required of a property owner?

To be in full compliance with the Maryland law, a property owner of an affected property (built before 1950) must:

• Register each affected property each year with the Maryland Department of the Environment and pay a $15.00 annual fee (call MDE at 410-537-4199 for registration information);
• Deliver to tenants, by a verifiable method (written acknowledgement), copies of the MDE's "Notice of Tenant's Rights" and the EPA's "Protect Your Family From Lead In Your Home" pamphlet at the initiation of a tenancy and every two years thereafter (copies are available from the Coalition);
• Deliver to tenants, by a verifiable method, a copy of the current inspection certificate for the affected property upon the execution of a lease or the initiation of a tenancy;
• Perform "Full Risk Reduction Measures" in the affected property prior to occupancy by a new tenant, or perform "Modified Risk Reduction Measures" in response to a Notice of Defect from an existing tenant.

What Are the Full Risk Reduction Measures?

The Full Risk Reduction Measures are required to be performed in an affected property at each change in occupancy. These measures are satisfied by:

• Performance of a lead dust test that meats the Maryland Lead Dust Clearance Standard (for certification by a certified inspector); OR
  
  
• Completion of the Full Risk Reduction Measures (by a certified contractor) and receipt of a Visual Inspection Certificate (by a certified inspector). These Measures include:

1. Visual review of all exterior and interior painted surfaces;
2. The removal and repainting of any chipping, peeling, or flaking paint on interior and exterior surfaces;
3. Repair of any structural defects that are causing paint to chip, peel or flake;
4. Stripping, repainting, replacing or encapsulating all interior window sills with vinyl, metal or other approved materials, and in a manner approved by MDE;
5. Installation of caps of vinyl, aluminum or other approved materials in all window wells to make wells smooth and cleanable;
6. Fixing of the top of the sash of all windows to prevent friction caused by the opening and to make wells smooth and cleanable; (this does not apply to "lead free" or "replacement" windows);
7. Rehanging of all doors necessary to prevent the rubbing together of lead-painted surfaces with another surface;
8. Making sure that all kitchen and bathroom floors are overlaid with a smooth, water-resistant covering;
9. Making all bare floors smooth and cleanable; and
10. HEPA vacuuming and wet-washing the interior of the unit.

What is a Notice of Defect?

For existing tenants, a property owner is required to meet the Modified Risk Reduction Standard within 30 days of receipt of a written Notice of Defect. A Notice of Defect is a written notice which informs a property owner that there is chipping, peeling, flaking paint in the affected property, or a Person at Risk (child under age 6 or a pregnant woman) with an elevated blood lead level of 10 µg/dL (micrograms per deciliter) or greater.

Note: A property owner who receives a Health Department Lead Violation must also promptly satisfy that Violation to be in compliance with the Maryland law.

Note: The Risk Reduction Measures are required to be completed in 100% of an owner's affected units by February 24, 2006, regardless of whether an owner has received a Notice of Defect.

How Do I Meet the Modified Risk Reduction Standard?

The Modified Risk Reduction Standard is met by:

A.  Performance of a lead dust test that meets the Maryland Lead Dust Clearance Standard; or

B.  Completion of the Modified Risk Reduction Measures and receipt of either a Visual Inspection Certificate (from a certified inspector) of a signed work order completion (from the tenant and the contractor's certified supervisor).

The Modified Risk Reduction Measures are similar to the Full Risk Reduction Measures (listed above) except that a certified worker only has to HEPA-vacuum and phosphate clean the areas where repairs were made, and there is no requirement to make all bare floors smooth and cleanable.

What Are the Benefits of Compliance?

A Property owner who is in full compliance with each of the above provisions becomes eligible for limited liability protection from potential lawsuits for lead poisoning damages.

The law provides a detailed formula and definitions for determining the extent to which an owner's liability is limited. With certain exceptions, an owner who is in compliance with the registration, notification, and cleanup requirements is protected by payment caps under a Qualified Offer system. The caps are currently $7,500.00 for uncovered medical expenses and $9,500.00 for rent and relocation costs.

Qualified Offers are triggered by an at-risk resident having an EBL of 15 µg/dl (micrograms per deciliter) or greater. Qualified Offers must be made by the eligible Property Owner (or Agent) within thirty (30) days of notice of EBL. The tenant then has thirty days to decide to accept or reject the offer.

What if I want to repair or renovate the property?

If an owner of an affected property undertakes repairs or maintenance that will disturb the paint on any interior surfaces, the owner must make reasonable efforts to ensure that all children under 6 and pregnant women are removed from the property while the work is being done, and to ensure that all other persons are not present in the area where the work is being done.  If it is going to take more than 24 hours to complete, the owner must pay for reasonable relocation expenses.

Work must be conducted by a certified lead worker and done in a lead-safe manner as specified by Maryland Department of the Environment Regulations (please call the Coalition if you have questions). 

If you are a landlord, you CANNOT complete work on a pre-1950 property unless you are certified by the Maryland Department of the Environment.

Tenant must allow reasonable access so that work can be done.

If it is necessary that the tenant vacate the property for twenty-four (24) hours or more, landlord must pay the reasonable expenses that tenant incurs because of relocation.