Since 1996, the Maryland Department of the Environment (MDE or Department) has been working to prevent lead poisoning of Maryland's most vulnerable population. MDE was given the authority to enforce the provisions of the Maryland Environment Code § 6-8- Reduction of Lead Risk in Housing (Lead Law) which strives to make rental pre-1978 properties lead safe, while maintaining affordable rental housing. Compliance is mandatory for all rental property owners with properties built prior to 1978, including those properties that are federally subsidized.
Rental Property Owner Requirements
1. Registration
All pre-1978 rental properties are required to be registered and annually renewed under an owner-specific MDE Tracking Number. New registration and renewals require a processing fee for each rental dwelling unit. New registration is required within 30 days after purchasing a rental property. Renewals are required on or before December 31 each year. To register or renew a property the owner must have the following information:
a. MDE Tracking Number
b. Access Online Rental Registry (Only Safari, Firefox and Edge browsers)
c. Property Number and built date information from the Maryland Department of Assessments and Taxation
d. Date of most recent change in tenancy
e. Date of most recent lead certificate and certificate number f. Most recent date tenants were provided with educational materials g. Ability to pay registration payments
a. MDE Tracking Number
If you do not know your tracking number, there are several ways to retrieve it. Use the Lead Rental Registry Property Search, check your email inbox for messages from [email protected], as these often contain your tracking number. You can also check renewal forms or postcards previously sent by the Department. If you are still unable to locate this information you should reach out to us directly by email at [email protected] or by phone at 410-537-4199 or toll free in Maryland at 1-800-776-2706.
b. Online Rental Registry
Once you have your MDE Tracking Number you may register and renew each rental unit in your property in the Online Lead Rental Registry (OLRR). Use the Add Property/Unit tab to register new units. You can also register using MDE's Paper Form.
To renew your registration on or before December 31st of each year log back into your Online Registration Account, go to the Renewal tab, and renew each rental unit. Use the Remove Property/Unit tab to remove units. You will be prompted to select a reason for removing each property. You may also request a paper renewal form from MDE.
If you need to make changes to your contact information or are missing a property on your renewal list, or if you have multiple tracking numbers and believe they should be consolidated, you should reach out to us directly by email at [email protected] or by phone at 410-537-4199 or toll free in Maryland at 1-800-776-2706. We can help verify your information and make any necessary corrections to ensure you remain in compliance with Maryland law.
c. Property Number and built date information from the Maryland Department of Assessments and Taxation
Ownership records must match state tax records exactly. Information to help you complete your registration, including property number and built date may be found at the Maryland Department of Assessments and Taxation website.
d. Date of the most recent change in tenancy
For each rental unit you are required under the law to provide the most recent date that the tenant moved into the rental property.
e. Date of most recent lead certificate and certificate number
For each rental unit you are required under the law to provide the date of the recent date of the passing lead certificate issued for the property and the date issued. A copy of the certificate may be found using the lead inspection certificate public search.
f. Most recent date tenants were provided with educational materials
For each rental unit you are required under the law to provide the most recent date that the tenant received the required education materials; Notice of Tenant's Rights and Protect Your Family from Lead in Your Home. The law requires these educational materials and a copy of the lead certificate to be provided to the tenant at each occupancy and every two years thereafter.
g. Ability to pay registration fees
Please Log in to your Online Registration Account to pay. Follow steps outlined to register or renew your property.
Note: Properties owned by the federal or state government are exempt from paying registration payment .
2. Distribution of Tenant Educational Materials
All pre-1978 rental property owners are required to provide specific educational materials to tenants upon inception of tenancy and every two years thereafter. Property owners are required to provide the date tenants receive these materials on their annual registration. The following are the required educational materials:
- All tenants must be provided with the Notice of Tenants Rights, Notice of Tenants Rights (Spanish)
- Protect Your Family From Lead in Your Home brochure
- A copy of the current valid lead inspection certificate that indicates the property has passed a lead inspection for the current tenancy.
3. Meet the Lead Risk Reduction Standard
All pre-1978 rental properties subject to the Lead Law are required to be inspected by an MDE accredited lead paint inspector upon the occurrence of certain triggering events.
- Owners of pre-1978 rental properties are required to meet the Full Risk Reduction Standard at every change in occupancy. All properties are required to pass an inspection for lead contaminated dust, performed by an MDE accredited inspection contractor, prior to every change in occupancy. To pass the inspection, the property must be free of defective paint on the interior and exterior of the property.
- Owners of pre-1978 rental properties are required to meet the Modified Risk Reduction Standard Upon Notice. Within 30 days after the receipt of the Notice of Defect from any source or, the property owner is required to provide for the temporary relocation of all tenants to a property built after 1977, a pre-1978 rental property that is certified as meeting the lead-free standard or that has met the lead risk reduction standard.
OR
Within 30 days after the receipt of the Notice of Defect, the property owner ensures that the property passes a test for lead contaminated dust after performing certain lead hazard reduction treatments and obtains a passing lead certificate indicating the property has met the Modified Risk Reduction Standard
4. Requirements for Hiring Accredited Lead Inspectors and Contractors
All work required to meet the lead standard must be performed by Maryland Accredited Inspectors and Contractors.
Relocation Requirements
No one, other than accredited contractors, is permitted in the work area when work is being performed in a pre-1978 rental property. If tenants must leave the rental property for more than 24 hours while treatments are performed, the property owner must relocate all tenants to temporarily lead safe housing and pay for all reasonable expenses. The property owner is also responsible for expenses related to the moving, storing, and/or cleaning of furniture, and possibly food costs while work is being performed in the property.
Local Government Requirements
MDE recommends that you consult with the local jurisdiction (city or county) the rental unit is in to determine what requirements that jurisdiction has for rental properties. Any local registration, license, or payment requirements are separate from MDE's requirements.
Certain Properties May Be Exempt from Compliance
- The property is a hotel, motel or similar seasonal or transient facility; or
- The property has been tested for lead-based paint , and it meets the Maryland standard for Lead Free for which a Maryland Accredited Lead Inspector has issued a “Lead Free" or "Limited Lead Free" certificate.
- Click here to see a full definition of properties affected by Maryland's Reduction of Lead Risk in Housing Act.
Contact Us
For more information on Rental Registration please call 410-537-4199. For more information on additional compliance requirements please contact us at 410-537-3825.
References
Maryland Environment Article Title 6, Subtitle 8 Reduction of Lead Risk in Housing
COMAR 26.16.02 Reduction of Lead Risk in Housing
COMAR 26.16.05 Procedures for Performing Lead Abatement Services
COMAR 26.16.08 Environmental Investigations
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