Does my property needs to be registered with the Maryland Department of the Environment (MDE)?

7/20/17 3:44 PM Brian Wojcik landlord tenant law

 If your rental property was built before 1978, it must be registered, and you will be required to distribute specific educational materials to your tenants and meet specific lead paint risk reduction standards at certain triggering events. 

Why? Simply put, to protect your tenants and yourself from health health risks. The 2015 change in Maryland’s lead law seeks to reduce lead poisoning cases linked to homes built before 1978 and to help eliminate childhood lead poisoning in Maryland. The law previously applied to homes built before 1950, though reports in recent years showed that a significant percentage of new childhood lead poisoning cases were linked to homes built between 1950-1978.

Without certifications and by not following approved practices, property owners can face fines and potential lawsuits.

See below from the MDE website:

  • Residential rental properties built before 1978 are required to be registered and then renewed annually with Maryland Department of the Environment.
  • Residential rental properties built after 1977 and properties that have a passing Lead Free inspection certificate are exempt.
  • On or after January 1, 2015, all properties built prior to 1978 must have a new lead inspection certificate at each change of occupancy.

We recommend that landlords request a lead free test inspection. The inspector will tell you what requires remediation to qualify for a lead free certification. Lead free certification significantly reduces risk of liability.  If the lead free certification remediation is cost prohibitive, the inspector will be able to present alternatives, such as Full Risk Reduction, Modified Risk Reduction, or Lead Safe category.

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Brian Wojcik

Written by Brian Wojcik