Wednesday, September 2, 2015
Attorney Charles Ware's Blog: ABC's of BALTIMORE LEAD PAINT DEFENSE: LEAD DEFENS...
Attorney Charles Ware's Blog: ABC's of BALTIMORE LEAD PAINT DEFENSE: LEAD DEFENS...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Marylan...
ABC's of BALTIMORE LEAD PAINT DEFENSE: LEAD DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked among the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his staff at (410) 720-6129. He can help you when you have been sued for lead paint or lead poisoning.
Let's be clear, according to the Baltimore Sun newspapers and some other sources, Baltimore ranks among the most hazardous cities in the United States for lead poisoning. It is reported that the majority of these cases occur in the Baltimore neighborhoods of Park Heights, Sandtown and Middle East. Pregnant women and children under the age of 6 years are reported to be particularly vulnerable to lead poisoning in these areas, especially if they live in pre-1978 built residential units (apartments and houses). Many of these residences are known to contain at least some legacy (old) lead-based paint.
There are several Federal, Maryland State, and Local laws and regulations that residential rental property landlords should be cognizant of when renting in Baltimore. Just a few are as follows:
(1) The FEDERAL RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992, commonly known as TITLE X.
Among other things, this law requires the U.S. department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) to jointly issues regulations to require disclosure of known lead-based paint hazards by persons selling or renting housing (apartments and houses) that were built before 1978. This law went into full effect with its affirmative disclosure mandates on December 6, 1996 for owners of pre-1978 properties.
(2) Landlords in Baltimore are required by law to perform "risk reduction" on pre-1950 rental properties. "Risk Reduction" is a series of treatments by workers accredited or certified by the Maryland Department of the Environment (MDE) who are specifically trained to perform these repairs to minimize the risk of lead (particularly lead dust) exposure to people.
(3) In 1994, the Maryland General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of all residential rental dwelling units built before 1950 to meet certain risk reduction standards. It also provides more affordable insurance for owners who comply. Owners of units built between 1950 and 1978 may choose to comply. The law exempts rental units owned or operated by Federal, Maryland 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. This program is administered by the Maryland Department of the Environment (MDE).
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and ranked among the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his staff at (410) 720-6129. He can help you when you have been sued for lead paint or lead poisoning.
Let's be clear, according to the Baltimore Sun newspapers and some other sources, Baltimore ranks among the most hazardous cities in the United States for lead poisoning. It is reported that the majority of these cases occur in the Baltimore neighborhoods of Park Heights, Sandtown and Middle East. Pregnant women and children under the age of 6 years are reported to be particularly vulnerable to lead poisoning in these areas, especially if they live in pre-1978 built residential units (apartments and houses). Many of these residences are known to contain at least some legacy (old) lead-based paint.
There are several Federal, Maryland State, and Local laws and regulations that residential rental property landlords should be cognizant of when renting in Baltimore. Just a few are as follows:
(1) The FEDERAL RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992, commonly known as TITLE X.
Among other things, this law requires the U.S. department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) to jointly issues regulations to require disclosure of known lead-based paint hazards by persons selling or renting housing (apartments and houses) that were built before 1978. This law went into full effect with its affirmative disclosure mandates on December 6, 1996 for owners of pre-1978 properties.
(2) Landlords in Baltimore are required by law to perform "risk reduction" on pre-1950 rental properties. "Risk Reduction" is a series of treatments by workers accredited or certified by the Maryland Department of the Environment (MDE) who are specifically trained to perform these repairs to minimize the risk of lead (particularly lead dust) exposure to people.
(3) In 1994, the Maryland General Assembly established the Lead Poisoning Prevention Program for the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. This program requires owners of all residential rental dwelling units built before 1950 to meet certain risk reduction standards. It also provides more affordable insurance for owners who comply. Owners of units built between 1950 and 1978 may choose to comply. The law exempts rental units owned or operated by Federal, Maryland 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. This program is administered by the Maryland Department of the Environment (MDE).
Friday, August 28, 2015
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: UNDERSTANDING BALTIM...
Attorney Charles Ware's Blog: Attorney Charles Ware's Blog: UNDERSTANDING BALTIM...: Attorney Charles Ware's Blog: UNDERSTANDING BALTIMORE LEAD PAINT LITIGATION 101... : www.charlesjeromeware.com "...
BALTIMORE LANDLORD LEAD DISCLOSURES FOR RESIDENTIAL RENTAL PROPERTIES
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and he is ranked by his many satisfied clients as well as his legal peers as one of the best landlord lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. He and his staff can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Landlords do have some legal responsibilities to new tenants regarding lead (Pb) in residential rental property.
Because of the health problems caused by lead poisoning, the Federal Residential Lead-based Paint Hazard Reduction Act, commonly known as TITLE X, was enacted in 1992. The U.S. Environmental Protection Agency (EPA) rules and regulations which implement TITLE X apply specifically to residential rental property built before 1978.
Pursuant to TITLE X, prior to signing or renewing a residential lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property. Both the landlord and the tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead on the premises. Property owners must keep this disclosure form as part of their tenant and property records for three years from the date that the tenency begins.
The landlord also must give every tenant the EPA pamphlet, : Protect Your Family From Lead In Your Home," or a Maryland State-approved version of this pamphlet.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and he is ranked by his many satisfied clients as well as his legal peers as one of the best landlord lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. He and his staff can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Landlords do have some legal responsibilities to new tenants regarding lead (Pb) in residential rental property.
Because of the health problems caused by lead poisoning, the Federal Residential Lead-based Paint Hazard Reduction Act, commonly known as TITLE X, was enacted in 1992. The U.S. Environmental Protection Agency (EPA) rules and regulations which implement TITLE X apply specifically to residential rental property built before 1978.
Pursuant to TITLE X, prior to signing or renewing a residential lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property. Both the landlord and the tenant must sign an EPA-approved disclosure form to prove that the landlord told the tenants about any known lead on the premises. Property owners must keep this disclosure form as part of their tenant and property records for three years from the date that the tenency begins.
The landlord also must give every tenant the EPA pamphlet, : Protect Your Family From Lead In Your Home," or a Maryland State-approved version of this pamphlet.
Wednesday, August 26, 2015
Attorney Charles Ware's Blog: UNDERSTANDING BALTIMORE LEAD PAINT LITIGATION 101...
Attorney Charles Ware's Blog: UNDERSTANDING BALTIMORE LEAD PAINT LITIGATION 101...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Marylan...
UNDERSTANDING BALTIMORE LEAD PAINT LITIGATION 101
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by both his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you have been named a defendant in a lead paint or lead poisoning case.
Baltimore literally is, and has been for many years, "ground zero" for residential lead paint poisoning in the United States. Consequently, the lead paint civil case is one of the most common civil cases that is filed every year in the Baltimore City Circuit Court. Yet, this case is frequently filed against small, non-corporate, part-time landlords who are honest, decent citizens who participate in renting units in good-faith and without any ill intentions. Consequently, legal representation for this small-time landlord defendant is often attempted by attorneys not versed in lead paint defense work. Typically, the defendant's business or family lawyer will undertake to represent the small landlord ' as a favor". Big mistake . Specialized legal experience and expertise are necessary for successful defense and survival from lawsuits in these cases. Civil judgments in these cases can run into millions of dollars and are increasingly common.
Lead paint and lead poisoning in Baltimore is considered by many to be a public health crisis. Lead is everywhere in the city; but the primary areas of most concern and the vast majority of lawsuits involve certain residential neighborhoods with apartments and house built before 1978, and which may contain legacy (old) lead-based paint. Lead-based paint was outlawed for use in residences in Baltimore in 1951, and was banned for consumer use (including residential units) by the Federal government in 1978.
There are numerous judges, other officials and commentators who have suggested that in certain circumstances lead poisoning cases are "indefensible." I respectfully disagree. In my long experience I have found there are always defenses available in these cases.
Lead (Pb) use has been around for over 6,000 years. Lead use in North America (including the Baltimore area) has occurred in abundance since Colonial times. Lead (Pb) does not dissolve in water, nor dissipate, nor decay, nor does it burn. The stuff --- it is an earth element with Atomic number 82 --- just lasts ... and lasts ... last lasts. It is estimated that there is presently more than 10 million metric tons of lead in the earth's environment. It will not disappear.
Children under the age of 6 are particularly vulnerable to lead when inhaled or ingested into their bodies. Lead can be inhaled or ingested into the human body in Baltimore not only from legacy lead contained in pre-1978 built apartments and houses, but also from these sources : drinking water, pipes and other plumbing fixtures, dust, soil, the air we breathe, folk and home remedies, drinks and other liquids, toys, furniture, hobbies, jobs and job sites, industrial sites ( battery manufacturers, etc.), cosmetics, jewelry, foods, playgrounds, sandlots, pottery, ceramics, commercial buildings,etc.
Landlords renting residential units to tenants in Baltimore must be careful of the 3 keys : (1) MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) RECORD-KEEPING/DOCUMENTATION concerning both the tenants and the property itself.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by both his many satisfied landlord clients as well as his legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you when you have been named a defendant in a lead paint or lead poisoning case.
Baltimore literally is, and has been for many years, "ground zero" for residential lead paint poisoning in the United States. Consequently, the lead paint civil case is one of the most common civil cases that is filed every year in the Baltimore City Circuit Court. Yet, this case is frequently filed against small, non-corporate, part-time landlords who are honest, decent citizens who participate in renting units in good-faith and without any ill intentions. Consequently, legal representation for this small-time landlord defendant is often attempted by attorneys not versed in lead paint defense work. Typically, the defendant's business or family lawyer will undertake to represent the small landlord ' as a favor". Big mistake . Specialized legal experience and expertise are necessary for successful defense and survival from lawsuits in these cases. Civil judgments in these cases can run into millions of dollars and are increasingly common.
Lead paint and lead poisoning in Baltimore is considered by many to be a public health crisis. Lead is everywhere in the city; but the primary areas of most concern and the vast majority of lawsuits involve certain residential neighborhoods with apartments and house built before 1978, and which may contain legacy (old) lead-based paint. Lead-based paint was outlawed for use in residences in Baltimore in 1951, and was banned for consumer use (including residential units) by the Federal government in 1978.
There are numerous judges, other officials and commentators who have suggested that in certain circumstances lead poisoning cases are "indefensible." I respectfully disagree. In my long experience I have found there are always defenses available in these cases.
Lead (Pb) use has been around for over 6,000 years. Lead use in North America (including the Baltimore area) has occurred in abundance since Colonial times. Lead (Pb) does not dissolve in water, nor dissipate, nor decay, nor does it burn. The stuff --- it is an earth element with Atomic number 82 --- just lasts ... and lasts ... last lasts. It is estimated that there is presently more than 10 million metric tons of lead in the earth's environment. It will not disappear.
Children under the age of 6 are particularly vulnerable to lead when inhaled or ingested into their bodies. Lead can be inhaled or ingested into the human body in Baltimore not only from legacy lead contained in pre-1978 built apartments and houses, but also from these sources : drinking water, pipes and other plumbing fixtures, dust, soil, the air we breathe, folk and home remedies, drinks and other liquids, toys, furniture, hobbies, jobs and job sites, industrial sites ( battery manufacturers, etc.), cosmetics, jewelry, foods, playgrounds, sandlots, pottery, ceramics, commercial buildings,etc.
Landlords renting residential units to tenants in Baltimore must be careful of the 3 keys : (1) MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) RECORD-KEEPING/DOCUMENTATION concerning both the tenants and the property itself.
Tuesday, August 25, 2015
Attorney Charles Ware's Blog: BALTIMORE LANDLORD LEAD REMOVAL LAW - MHIC COMPLIA...
Attorney Charles Ware's Blog: BALTIMORE LANDLORD LEAD REMOVAL LAW - MHIC COMPLIA...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-ba...
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