Maryland law has significantly changed the obligations of an owner of residential rental property, including expanding the duties of disclosure of lead based paint when the landlord files a complaint in District Court for failure to pay rent.

Background

In 1994, Maryland established the Lead Paint Poisoning Prevention Program providing liability relief for owners of rental property built before 1950 and others in exchange for the reduction of lead hazards in these older rental properties and limiting compensation of children poisoned by lead. By December 31, 1995, the owner of an affected property must have registered that property with the State. At each change in occupancy, before the next tenant moves in, an owner must satisfy the risk reduction standard by passing the test for lead contaminated dust or performing specified lead hazard reduction treatments. An affected property is exempt from the risk reduction standards under specified conditions.

Analysis of HB 1245

Beginning October 1, 2004, a landlord wishing to repossess an affected property for a tenant’s failure to pay rent must include in the written complaint required under current law a statement that the landlord has registered the affected property as required and renewed the registration and, if the current tenant moved into the property after February 24, 1996, the inspection number for the inspection conducted prior to the tenancy.

Alternately, the landlord must include a statement that the landlord is unable to provide an inspection certificate number because: (1) the landlord has requested that the tenant allow access to the property to perform remedial work; (2) the landlord has offered to relocate the tenant if the work would disturb the interior surface paint and pay the tenant’s reasonable relocation expenses; and (3) the tenant has refused to allow access or refused to vacate the property so that the required work can be done.

All of this information must be provided on the face of the preprinted District Court form utilized for a tenants’ failure to pay rent, the Landlord’s Complaint For Repossession Of Rented Property Under Real Property Section 8-401. This information may not be an issue of fact in a trial for repossession of the property.

Conclusion

While HB 1245 of 2004 also altered other provisions of law, including, importantly, requiring specific evidentiary hearings on the issue of landlord immunity in lead based paint cases brought by a tenant, the new obligation of disclosure of lead based paint when the landlord files a complaint in District Court for failure to pay rent imposes a significant duty on landlords.