Md. Code Ann., Envir. § 6-828
Written notice of elevated blood level and opportunity to make qualified offer prerequisite to bringing action
Effective Oct 1, 2005Added 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.State of Maryland
- (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.
(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.
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.