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§ 6-828. Written notice of elevated blood level and opportunity to make qualified offer prerequ...

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 8. Reduction of Lead Risk in Housing (Refs & Annos)
Part V. Qualified Offer (Refs & Annos)
MD Code, Environment, § 6-828
§ 6-828. Written notice of elevated blood level and opportunity to make qualified offer prerequisite to bringing action
Currentness
Scope of section
(a) 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.
Prerequisites to bringing action
(b) 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 μg/dl or more performed between February 24, 1996 and February 23, 2001, inclusive, or 20 μg/dl or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 μg/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 μg/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 μg/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 μg/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.

Credits

Added by Acts 1994, c. 114, § 1, eff. Oct. 1, 1994. Amended by Acts, 1997, c. 616, § 1, eff. June 1, 1997; Acts 2005, c. 278, § 1, eff. Oct. 1, 2005.
MD Code, Environment, § 6-828, MD ENVIR § 6-828
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document