2018 Maryland Code
Environment
Title 6 - Toxic, Carcinogenic, and Flammable Substances
Subtitle 8 - Reduction of Lead Risk in Housing
Part V - Qualified Offer
§ 6-828. Failure to give notice to owner in compliance

Universal Citation: MD Env Code § 6-828 (2018)
  • (a) Applicability. -- This section applies to an owner of an affected property who has, with respect to the affected property, complied with the applicable requirements of §§ 6-811, 6-812, 6-815, 6-817, and 6-819 of this subtitle, and has sent to the tenant the notices required by §§ 6-820 and 6-823 of this subtitle.

  • (b) In general. -- A person may not bring an action against an owner of an affected property for damages arising from alleged injury or loss to a person at risk caused by the ingestion of lead by a person at risk that is first documented by a test for EBL of 25 mu G/DL or more performed between February 24, 1996 and February 23, 2001, inclusive, or 20 mu G/DL or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 mu G/DL or more performed on or after February 24, 2006, unless the owner has been given:

    • (1) Written notice from any person that the elevated blood level of a person at risk is:

      • (i) Greater than or equal to 25 mu G/DL as first documented by a test for EBL performed between February 24, 1996 and February 23, 2001, inclusive;

      • (ii) Between February 24, 2001 and February 23, 2006, inclusive, an EBL greater than or equal to 20 mu G/DL as first documented by a test for EBL performed between February 24, 2001 and February 23, 2006, inclusive; or

      • (iii) On or after February 24, 2006, an EBL greater than or equal to 15 mu G/DL as first documented by a test for EBL performed on or after February 24, 2006; and

    • (2) An opportunity to make a qualified offer under § 6-831 of this subtitle.

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