Wednesday, July 23, 2014

BALTIMORE LANDLORD STRATEGIES FOR FIGHTING LEAD PAINT CASES: Defense Lawyer's Update

www.charlesjeromeware.com       " Here to make a difference."

Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com,  (410) 730-5016  or  (410) 720-6129.  We can help you when you are sued for lead paint poisoning.

Baltimore landlords should be aware of the following, inter alia :

1. Any Baltimore residential unit that was built prior to 1978 should be treated by landlords as though it does in fact contain lead-based paint, unless a lead paint-certified risk professional has issued a written report indicating that the entire property has been properly tested and in fact does not contain lead-based paint.

2. The United States Environmental Protection Agency (EPA) has reported that "undisturbed" lead paint (i.e., in good condition, etc.) is usually not harmful. It is when the lead paint is "disturbed" that lead poisoning problems can develop.  Disturbed lead point normally includes  lead dust, and lead-based paint that is chipped, peeling, cracked, or otherwise deteriorated.  These issues must be addressed immediately by the landlord or landowner.

3. Paint on and in residential units should be regularly checked -- and written observations made, dated and signed by the qualified person making the observations, and areas of the home where painted surfaces rub together, such as windows, should be regularly checked. Whenever feasible, get the tenant to sign-off on these inspections.

4. Pursuant to the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, landowners and landlords must inform the residents (tenants) or applicants to purchase (buyers)
that the possibility of lead paint exists (if true). In sum, disclosure of known information on lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.

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