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Tuesday, April 1, 2014

NEW LEAD LAW

New Lead Law Effective January 2015 - Facts you should know if you are a landlord of a pre 1978 property.


The upcoming law is going to effect thousands of rental property owners.  The only change in the law is the time frame on required properties, it changes from pre 1950 to pre 1978 homes.   A large portion of these homes will want to get a "Lead Free" certification, this is done by getting an inspection using a XRF gun.  When an inspection is done with a XRF gun and a failure is noted, that failure must be completely removed. Most of the time this is not a problem because the property is vacant.  The upcoming law will have several occupied properties needing the certification as well.  Here is the problem.  If you have a "Lead Free" inspection completed and there are failures they need to be removed however if there is a pregnant woman or small children in the house they must be removed to comparable housing during the course of the remediation, cleanup and retested.  ALL AT THE LANDLORDS EXPENSE.  If the remediation work will take longer than 24 hours, anyone in the home will need to be removed to comparable housing again all at the LANDLORDS EXPENSE per Maryland Law that has always been in place since the lead laws began.  If you are a landlord or property manager please take the time and do the math you could cost your clients hundreds of extra dollars.  It would be more cost effective to do the Full Risk Reduction (Dust wipes) until the property is unoccupied than do the Lead Free.  The Full Risk Reduction is good as long as the tenant is in the property so it is basically the same as Lead Free if you keep your tenants.