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These include “lead-free” units, which contain no lead-based paint (above certain thresholds) on any surfaces.

Also, partially exempt from the law are “limited lead-free” units, which have lead-free interior surfaces but may have lead paint on the exterior, so long as the exterior surfaces are not chipping, peeling, or flaking.

MDE may impose a penalty of per day for each affected property that is not registered or for which the registration was not renewed.

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If there is chipping, peeling, or flaking paint, the owner must first have an MDE-accredited lead paint contractor remove or repaint any defective areas.

If a property does not pass the lead-contaminated dust test, the inspector issues a failing certificate that is submitted to MDE within 30 days.

When a rental unit passes the lead-contaminated dust test, the inspector provides a Lead Paint Risk Reduction Certificate (Form 330).

Given the inspectors’ critical role under Maryland’s lead paint program, they must be accredited by MDE and may not be related to the owner.

The Maryland law contains requirements that are triggered when a tenant sends a “notice of defect,” which informs the property owner that there is peeling, chipping, or flaking paint, or when the property owner receives a notice from the local health department that there is a resident pregnant woman or child under six years of age with an elevated blood lead level.

Within 30 days of receiving the notice, the owner must comply with the Modified Risk Reduction Standard, meaning it must pass the test for lead-contaminated dust and perform certain lead hazard reduction treatments.

The District recently implemented a new schedule of fines applicable to violators of its law.

Roberts-Satinsky The District of Columbia and Maryland have some of the broadest and strictest laws in the country dealing with lead-based paint in housing. The Maryland law used to apply only to properties built prior to 1950, but as of January 1, 2015, it will also apply to properties built between 19.

Equally important, attorneys for the tenants whose health the laws are intended to protect should be aware of these changes. Generally, the law requires owners of properties containing lead-based paint to register their properties with the state; to provide notifications to tenants; to perform periodic testing; and, if necessary, to abate defective paint.

The Maryland Lead Paint Law Maryland’s Reduction of Lead Risk in Housing Act was enacted in 1994, almost 15 years before the D. When the law was enacted, it applied only to properties built prior to 1950.

Prior to December 31 of each year, the owner of an affected property must renew its registration with MDE.

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