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ROBERT L. EHRLICH, JR., Governor Ch. 278
(b) (1) On and after February 24, 2006, an owner of affected properties shall
ensure that 100% of the owner's affected properties in which a person at risk resides,
and of whom the owner has been notified in writing, have satisfied the risk reduction
standard specified in § 6-815(a) of this subtitle.
(2) (i) Notwithstanding any other remedy that may be available, an
owner who fails to meet the requirements of subsections (b)(1) and (c) of this section,
or of § 6-819(e) of this subtitle shall lose the liability protection under § 6-836 of this
subtitle for any alleged injury or loss caused by the ingestion of lead by a person at
risk that is first documented by a test for EBL of [20] 15 ug/dl or more on or after
February 24, 2006 in any of the owner's units that have not satisfied the risk
reduction standard specified in § 6-815(a) of this subtitle, the inspection requirement
of subsection (c) of this section, or the modified risk reduction standard specified in §
6-819(a) of this subtitle, as applicable.
(ii) The liability protection under § 6-836 of this subtitle shall be
reinstated for any alleged injury or loss caused by the ingestion of lead that is first
documented by a test for EBL of [20] 15 ug/dl or more after the date that the owner
meets the requirements of subsections (b)(1) and (c) of this section and the
requirements of § 6-819(e) of this subtitle.
(iii) The provisions of this paragraph do not apply if the owner
proves that the noncompliance results from:
1. A tenant's lack of cooperation with the owner's compliance
efforts; or
2. Legal action affecting access to the unit.
(3) Notice given under subsection (b)(1) of this section shall be sent by:
(i) Certified mail, return receipt requested; or
(ii) A verifiable method approved by the Department.
(c) On each occasion that an affected property which has not undergone a
change in occupancy is treated to satisfy the requirements of this section, the owner of
the affected property shall have the property inspected to verify that the risk
reduction standard specified in § 6-815(a) has been satisfied.
(d) The owner of an affected property shall be responsible for the cost of any
temporary relocation of the tenants of the affected property that is necessary to fulfill
the requirements of this section.
(E) (1) EXCEPT AS PROVIDED IN § 6-819(C)(3) OF THIS SUBTITLE AND
PARAGRAPH (2) OF THIS SUBSECTION, ON OR AFTER OCTOBER 1, 2005, AN OWNER
WHO ACQUIRES, THROUGH AN ARM'S LENGTH TRANSACTION, ONE OR MORE
AFFECTED PROPERTIES SHALL SATISFY THE PROVISIONS OF THIS SECTION IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE;
(I) FOR AN OWNER ACQUIRING 1 AFFECTED PROPERTY, WITHIN 30
DAYS;
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