The Maryland Lead Law is changing for landlords as of January 1, 2015, so if you own property that you intend to rent, you need to be aware of the new changes in the law.

The Maryland Lead Based Paint Law as it stood for rentals made it mandatory for houses built before 1950 to be registered and their landlords needed to have taken lead paint reduction steps to be compliant with state law. This now extends to any home built prior to 1978.

So, what is your lead based paint responsibility if you own a rental property in Baltimore or Baltimore County? (Or anywhere in Maryland?)

According to the the Maryland Department of the Environment website:

COMPLIANCE REQUIRES THE FOLLOWING:
1. REGISTRATION WITH MDE: Owner must register all rental dwelling units within 30 days of acquisition and renewed
on or before December 31 each year. Registration includes the payment of $30 per rental dwelling unit.
2. DISTRIBUTION OF TENANT EDUCATIONAL INFORMATION: All tenants must be provided with the “Notice of
Tenants Rights,” and “Protect Your Family from Lead in Your Home” brochures and a copy of the current inspection
certificate upon inception of the tenancy and every two years thereafter.
3. MEET THE RISK REDUCTION STANDARD: All rental properties subject to the Act are required to be lead inspected
by a MDE accredited lead paint inspector upon the occurrence of certain triggering events. The lead inspector will issue a
Lead Paint Risk Reduction Certificate and all supporting documentation, summarizing the findings of their inspection. The
Accredited lead paint inspector will submit a copy to MDE and provide two copies to the owner. The owner should keep one
copy for their records and give one to their tenant.
A. MEET FULL RISK REDUCTION STANDARD AT EACH CHANGE OF OCCUPANCY IN A UNIT. All
properties subject to the Act are required to pass an inspection for lead contaminated dust, performed by an MDE
accredited inspection contractor, prior to every change in occupancy. In order to pass the inspection the property must
be free of defective paint on the interior and exterior of the property.
B. MEET THE MODIFIED RISK REDUCTION STANDARD UPON NOTICE. Within 30 days of being notified in
writing of either paint defects in a property or that a child under 6 years of age or pregnant woman has a blood lead
elevation of 10 micrograms per deciliter or more the owner is required to:
1. Provide for the permanent relocation of all tenants to a property that is certified lead free or
in compliance with the full risk reduction standard; or
2. Temporarily relocated all tenants while all necessary work is performed and obtain a passing
modified risk reduction certificate prior to the tenants moving back into the property.
4. USE TRAINED WORKERS, ACCREDITED SUPERVISORS AND CONTRACTORS. All work performed to meet a
risk reduction standard must be performed by persons/companies who have been trained and/or accredited by MDE.
CERTAIN PROPERTIES MAY BE EXEMPT FROM THE ACT IF:
 The property is a hotel, motel or similar seasonal or transient facility; or
 The property has been lead paint tested by a MDE-accredited inspector and has issued a “Lead Free” or “Limited
Lead Free” certificate. Any report submitted to the Department certifying a unit as “Lead Free” or “Limited Lead
Free” shall include a processing fee of $10 per unit.

Here is a link to the Maryland Department of the Environment’s website with a lot more detail on what rental homeowners are responsible for in the State of Maryland when it comes to the Maryland Lead Risk Reduction in Housing Act.

This is JUST about the Maryland Lead Risk Reduction in Housing Act. Each County in Maryland has different rules and regulations when it comes to rentals. Baltimore County, for example, requires a rental housing license, which in turn, requires a home inspection and other requirements.

Please note that the above information on compliance and registration only addresses the Maryland Lead Risk Reduction in Housing Act, not all requirements to rent a home in Maryland. If you have legal questions, you should contact an attorney.

For assistance in buying a Baltimore County home to rent, please contact me. I’d love to help!