The new Maryland Lead Paint Laws went into effect on January 1, 2012. Since many of the area’s homes were built prior to 1979, changes to this law are expected to have a substantial impact to owners, landlords, property managers and leasing agents of those that are rentals.
These changes arose from a recent Maryland ruling concluding that existing Lead Paint remedies and owner limitations related to permanent brain damage incurred from a child ingesting lead paint were unconstitutional and violated Article 19 of the Maryland Declaration of Rights. Article 19 provides (1) a right to remedy for an injury to one’s person or property and (2) a right of access to the courts.
The provisions of the Reduction of Lead Risk in Housing Act (“the Act”) had previously provided immunity to landlords from tort liability who were in compliance with the Act’s requirements. An injured person could sue an owner up to a maximum remedy of $17,000. However, the recent law change has lifted the liability cap and eliminated the statute of limitations.
The term “owner” has also been expanded to include the actual property owner and any person or firm, property manager, leasing agent and/or authorized agent of the owner. Any and all of the “owners” will now become subject to inclusion and liability under the new Law.
What this Means to Rental Property Owners
All units built prior to 1950 are still required to be registered with the State of Maryland. However, it is strongly recommended that you contact the Maryland Department of the Environment (MDE) to register any rental property built prior to 1979 as well.
Additionally, it is recommended that owners obtain an MDE Lead-Free certificate instead of just a Lead-Safe certificate. To obtain a Lead-Free certificate, owners are required to have the property inspected by an MDE qualified lead inspector to identify lead risks. If the property is found to have lead, all sources must be eliminated and the property deemed free of lead before issuance of the MDE Lead-Free certificate. Lead hazard reduction treatments must be performed by an MDE accredited contractor.
These additional costs and upfront care taken by owners intent on renting out their properties will help prevent lead related brain damage and avoid unlimited liability from future lawsuits long after the tenant has moved out.
For more information, call the MDE at 410-537-3000 or visit their website at http://www.mde.state.md.us/.
