My rental property in Anne Arundel County Maryland was built in 1940. I just had it tested and it was certified as Lead Free.

Do I still need to provide my tenants with yearly copies of The EPA “Protect Your Family from Lead in Your Home” brochure and The Notice of Tenants Rights, Lead Poisoning Prevention, as published by the Maryland Department of the Environment?


Md. Code, Environment §6-804 states

(a) Affected property is exempt from the provisions of Part IV of this subtitle if the owner submits to the Department an inspection report that:

(1) Indicates that the affected property has been tested for the presence of lead-based paint in accordance with standards and procedures established by the Department by regulation;

(2) States that:

(i) All interior and exterior surfaces of the affected property are lead-free; or

(ii) 1. All interior surfaces of the affected property are lead-free and all exterior painted surfaces of the affected property that were chipping, peeling, or flaking have been restored with nonlead-based paint; and

  1. No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and

(3) Is verified by the Department accredited inspector who performed the test.

(Affected property is "A property constructed before 1950 that contains at least one rental dwelling unit", as well as other property). Part IV contains numerous provisions, including §6-820 Notice of tenant’s rights and §6-823 Lead poisoning information packets

The EPA requirement is in 40 CFR 745.107. 745.101 includes an exemption from the notification requirements of that subpart for

(b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding.

So if a property is so certified by proper authorities, it is exempt from the disclosure requirements of Federal and Maryland law.

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