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Practice Of Real EstateState SpecificHARD

A landlord in Prince George's County owns a duplex built in 1972. She has rented one unit for years but never registered it with the Maryland Department of the Environment or obtained a risk reduction certificate. Her current tenant, who has a young child, discovers the non-compliance. Under the Maryland Lead Poisoning Prevention Program, which of the following best describes the consequence the landlord faces for this failure?

Correct Answer

D) The landlord may lose the right to collect rent and may be subject to civil penalties for non-compliance

Under the Maryland Lead Poisoning Prevention Program, Md. Code Ann., Environment §§ 6-801 et seq., landlords who fail to register pre-1978 rental units with the Maryland Department of the Environment and obtain risk reduction certificates face significant consequences, including the loss of the right to collect rent from the affected unit and exposure to civil penalties. This is a uniquely stringent Maryland enforcement mechanism — non-compliant landlords cannot legally collect rent until they come into compliance, in addition to facing monetary penalties.

Answer Options
A
The landlord is only required to register going forward and faces no retroactive liability for past non-compliance
B
The landlord faces no penalty because the federal lead disclosure pamphlet was provided at lease signing
C
The landlord must immediately vacate the tenant and perform full lead abatement before re-renting
D
The landlord may lose the right to collect rent and may be subject to civil penalties for non-compliance

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Related Topics & Key Terms

Key Terms:

lead_paintrental_registrationloss_of_rentcivil_penaltiespre_1978maryland_department_of_environment

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