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...
BALTIMORE LANDLORD LEAD REMOVAL LAW - MHIC COMPLIANCE 101 : 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 is universally considered by 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 are being sued for lead paint or lead poisoning.
Residential landlords in Maryland should be aware that all lead removal and lead abatement work, as well as other home improvement work on pre-1978 built residential rentals must be performed by Maryland Department of the Environment (MDE) - certified or accredited contractors. In fact, according to Maryland law, anyone who acts as a supervisor or contractor for the purpose of abating lead paint shall be accredited by the Maryland Department of the Environment (MDE). Lead paint abatement work includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, workers, and supervisors.
Certification and Accreditation: Anyone, or any business, that serves as a lead paint contractor, supervisor, inspector, risk assessor, or training provider must be certified or accredited by the State of Maryland. An individual must pass an examination and provide proof of relevant experience. Applications and fees for accreditation are submitted to the MDE Lead Accreditation and Oversight Division.
Training: Anyone who engages in a lead paint abatement service under the supervision of an accredited supervisor must complete a training course that has been accredited by the Maryland Department of the Environment (MDE).
A person performing maintenance, repair, or renovation work involving the disturbance of at least 3 square feet of lead paint in a residential rental dwelling unit constructed prior to 1950 must follow certain State lead-safe work practices found at COMAR 26.16.01.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is universally considered by 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 are being sued for lead paint or lead poisoning.
Residential landlords in Maryland should be aware that all lead removal and lead abatement work, as well as other home improvement work on pre-1978 built residential rentals must be performed by Maryland Department of the Environment (MDE) - certified or accredited contractors. In fact, according to Maryland law, anyone who acts as a supervisor or contractor for the purpose of abating lead paint shall be accredited by the Maryland Department of the Environment (MDE). Lead paint abatement work includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, workers, and supervisors.
Certification and Accreditation: Anyone, or any business, that serves as a lead paint contractor, supervisor, inspector, risk assessor, or training provider must be certified or accredited by the State of Maryland. An individual must pass an examination and provide proof of relevant experience. Applications and fees for accreditation are submitted to the MDE Lead Accreditation and Oversight Division.
Training: Anyone who engages in a lead paint abatement service under the supervision of an accredited supervisor must complete a training course that has been accredited by the Maryland Department of the Environment (MDE).
A person performing maintenance, repair, or renovation work involving the disturbance of at least 3 square feet of lead paint in a residential rental dwelling unit constructed prior to 1950 must follow certain State lead-safe work practices found at COMAR 26.16.01.
LEAD PAINT ABATEMENT TIPS 101 : MARYLAND 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 is ranked by 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 him at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
TIPS ON ABATEMENT OF LEAD PAINT HAZARDS - 101
Pursuant to Maryland law, lead paint abatement is " a set of measures designed to eliminate or reduce lead-based paint hazards" [www.mde.state.md.us]. Anyone in Maryland who provides a lead paint abatement service must be certified or accredited to do such work by the Maryland Department of the Environment (MDE). MDE-certified or accredited contractors must follow procedures and guidelines covered in the State's regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement work or activity which creates a hazard by disturbing lead, must follow the safe practices included in the State's regulations. It should be remembered that lead abatement and other home improvement work which spreads lead (Pb) dust, fumes, or debris can be very dangerous for children as well as adults.
When doing lead abatement work, these safety precautions must be followed:
(1) Read and follow the State's Regulations.
(2) Become lead-certified or accredited by MDE by successfully completing the training.
(3) Restrict entry to the work area at all times.
(4) Pick the safest and most appropriate methods for your work project.
(5) Wear appropriate clothing for your protection from inhaling or ingesting lead dust, etc.
(6) Use appropriate safety equipment such as respirators with HEPA cartridges, etc.
(7) Do not smoke or eat in the work area.
(8) Contain all lead dust and debris within the work area.
(9) Change clothes and wash your hands frequently.
(10) Do not use unsafe methods such as using fire to attempt to burn lead and debris in the work area [ lead, by the way, does not burn].
(11) Work safely with chemicals.
(12) Check with your doctor and get blood lead taests regularly when your work involves contact with lead(Pb).
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by 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 him at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
TIPS ON ABATEMENT OF LEAD PAINT HAZARDS - 101
Pursuant to Maryland law, lead paint abatement is " a set of measures designed to eliminate or reduce lead-based paint hazards" [www.mde.state.md.us]. Anyone in Maryland who provides a lead paint abatement service must be certified or accredited to do such work by the Maryland Department of the Environment (MDE). MDE-certified or accredited contractors must follow procedures and guidelines covered in the State's regulations. Anyone who removes lead paint, or who conducts any other maintenance or home improvement work or activity which creates a hazard by disturbing lead, must follow the safe practices included in the State's regulations. It should be remembered that lead abatement and other home improvement work which spreads lead (Pb) dust, fumes, or debris can be very dangerous for children as well as adults.
When doing lead abatement work, these safety precautions must be followed:
(1) Read and follow the State's Regulations.
(2) Become lead-certified or accredited by MDE by successfully completing the training.
(3) Restrict entry to the work area at all times.
(4) Pick the safest and most appropriate methods for your work project.
(5) Wear appropriate clothing for your protection from inhaling or ingesting lead dust, etc.
(6) Use appropriate safety equipment such as respirators with HEPA cartridges, etc.
(7) Do not smoke or eat in the work area.
(8) Contain all lead dust and debris within the work area.
(9) Change clothes and wash your hands frequently.
(10) Do not use unsafe methods such as using fire to attempt to burn lead and debris in the work area [ lead, by the way, does not burn].
(11) Work safely with chemicals.
(12) Check with your doctor and get blood lead taests regularly when your work involves contact with lead(Pb).
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