Landlord Victor owns a rental property built in 1972 in Montgomery County, Maryland. He rents to a new tenant, Priya. Victor provided Priya with the EPA lead hazard pamphlet and disclosed known lead paint locations as required by federal law, but failed to register the unit with the Maryland Department of the Environment or provide a risk reduction certificate. Which of the following best describes the consequence of Victor's failure under Maryland law?
Correct Answer
D) Victor may face civil penalties and loss of the right to collect rent from Priya under Maryland law
Under Md. Code Ann., Env't §§ 6-801 et seq., Maryland's Lead Poisoning Prevention Program requires landlords of pre-1978 rental properties to register each unit with the Maryland Department of the Environment and provide risk reduction certificates before tenant occupancy. Non-compliance can result in civil penalties and, critically, the loss of the landlord's right to collect rent. This is a Maryland-specific consequence that goes beyond federal requirements, which only mandate disclosure of known lead paint and provision of the EPA pamphlet.
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The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.
Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.
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