Updated lead laws in Baltimore Maryland

[Nicole A.]

I just wanted to post this as a FYI to those of you with properties in the Baltimore Maryland area. 

Starting 01 January 2015, ALL rental properties will be required to be registered with MDE as either "Lead Safe" or Lead Free". Apparently, this was not required before, but a very good way to help protect yourself from lead-related lawsuits.

Also, those properties that are "lead safe" will be subject to retesting in between each tenant change! That's a lot (and I don't know if that was required before).

This is why you really want your property to be "lead free"! When it's "lead free", you are exempt from these periodic inspections and also exempt from the yearly renewals!

Here's a PDF link on the information:
http://www.mde.state.md.us/programs/Land/Documents...

[WAYNE G.]

Nicole, thanks for starting this.  It has a big impact on Maryland landlords. Compliance is not that bad, its just costs money. 

In Maryland currently any rental property built prior to 1950 must be registered with MDE. The change in the law taking effect at the end of this year brings properties built prior to 1978 under the lead laws.  Before the change they could choose to opt into the program to determine their status.

If you own pre-1978 rental property in Maryland you must register with MDE prior to the end of the year, or you are subject to fines.  You can wait to a tenant changeover to test your property, but you must register before the end of 2014.

The program was set up to provide a liability cap to landlords that complied with the laws about reducing exposure to lead. The cap limiting liability to $17,500 was overturned and suits are in the multi-million range.  Anyone thinking of investing in Baltimore has to understand this issue, and how to mitigate the risk.

The original goal of the program was to provide economical rental housing that would prevent lead poisoning.  We ended up with degrees of lead removal:

Lead Free: There are no exposed lead surfaces. (It can be sheet rocked over, covered with AL, removed, etc.)  You are exempt from further inspections.  Testing requires XRF gun.

Limited Lead free: Only exposed lead paint is on the outside.  Must have visually inspected every two years.  City Inspector walking by and seeing chipped paint outside can ruin your year. First inspection is with XRF.

Lead Safe:  Lead paint can be anywhere, but when you ran a wipe test no dust was found.  Requires testing at turnover (or possibly more often), and you better never ever have any chipped paint.  This exists because a house built prior to 1950 may have to be gutted to the studs to get the lead out.  (However that is what many do to avoid the suits.)  A bill recently failed to pass that would require testing anytime a tenant became pregnant.

The best news about all this is most homes built after 1950 only have lead paint on the outside.  With some effort, (new exterior doors, capping lintels, permanently covering any exterior paint) you can achieve lead free, and your tenants have a safer home.

This issue is complex, and this lengthy post barely covers what you must know.