Friday, September 30, 2016

MINIMIZING LEAD PAINT LIABILITY IN BALTIMORE : A PRIMER by ATTORNEY CHARLES JEROME WARE

www.charlesjeromeware.com  "Here to make a Difference.  Tomorrow's Lawyers Today."
For answers to questions or an initial free consultation , contact Attorney Charles Ware at the Maryland-based national law firm of  Charles Jerome Ware, Attorneys and Counselors, LLC :
(410) 720-6129 or (410) 730-5016.  This site is for informational purposes only, and not intended as legal advice.

For residential rental landlords in certain areas of Baltimore, lead paint claims are virtually epidemic. There are essentially two key reasons for this problem : (1) the large number of pre-1978 built houses and apartments ( which included lead paint when constructed) and (2) the substantial use of lead (Pb) for industrial purposes in Baltimore's history.

There are certain fundamental tips I advise my residential landlord clients in Baltimore and other major Northeast metropolitan areas of the United States.  A few of them are as follows:

1. Before purchasing the residential property, do a thorough background investigation  of it;
particularly if the property was built prior to 1978. Try to avoid purchasing properties with known lead and other environmental hazards.

2. Engage in  lawful and due-diligent background checks of potential tenants, including credit reports, references, criminal background checks etc.

3. Be diligent in repair and maintenance of the rental property; particularly with respect to environmental hazards such as lead (Pb) paint, asbestos, mold, etc.

4. Use qualified and government-certified workers ( Maryland Department of the Environment, or MDE; and U.S. Environmental Protection Agency, or EPA) for all lead, asbestos and mold-abatement work.

5. Provide lawful and proper notice to tenants of and both potential and actual lead paint and other environmental hazards [ and see, TITLE X(10), etc.].

6. Seek and acquire adequate lead and other environmental hazard liability insurance, and other appropriate rental insurance.

7. Acquire lead-free certifications from the government for your rental properties.

8. Keep good tenant and rental property records.

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