rental-property
Rental Property Declared Lead Free. Do I still have to provide disclousres?
<p>My rental property in Anne Arundel County Maryland was built in 1940. I just had it tested and it was certified as Lead Free.</p>

<p>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?</p>

<p><a href="https://govt.westlaw.com/mdc/Document/N23E0A830E48011E4B07FAE3407A80375?viewType=FullText&amp;originationContext=documenttoc&amp;transitionType=CategoryPageItem&amp;contextData=(sc.Default)" rel="nofollow noreferrer">Md. Code, Environment §6-804</a> states</p>

<blockquote>
  <p>(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:</p>
  
  <p>(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;</p>
  
  <p>(2) States that:</p>
  
  <p>(i) All interior and exterior surfaces of the affected property are
  lead-free; or</p>
  
  <p>(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</p>
  
  <ol start="2">
  <li>No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and</li>
  </ol>
  
  <p>(3) Is verified by the Department accredited inspector who performed
  the test.</p>
</blockquote>

<p>(Affected property is "A property constructed before 1950 that contains at least one rental dwelling unit", as well as other property). <a href="https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N3A8980109B6A11DB9BCF9DAC28345A2A&amp;originationContext=documenttoc&amp;transitionType=Default&amp;contextData=(sc.Default)" rel="nofollow noreferrer">Part IV</a> contains numerous provisions, including §6-820 Notice of tenant’s rights and §6-823 Lead poisoning information packets</p>

<p>The EPA requirement is in <a href="https://www.ecfr.gov/cgi-bin/text-idx?SID=9ddf6cac93bd3345da09caf9e8da0c6b&amp;mc=true&amp;node=sp40.34.745.f&amp;rgn=div6" rel="nofollow noreferrer">40 CFR 745.107</a>. 745.101 includes an exemption from the notification requirements of that subpart for</p>

<blockquote>
  <p>(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.</p>
</blockquote>

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