Cal. Civ. Code § 6-828
Md. Code Ann., Environment Art. Title 6, Subtitle 8 — Lead Poisoning Prevention Program
Operative Text
(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 �g/dl or more performed between February 24, 1996 and February 23, 2001, inclusive, or 20 �g/dl or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 �g/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 �g/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 �g/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 �g/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.
Section 6-828 of Maryland's Environmental Code establishes a liability shield for owners of affected (older, potentially lead-containing) properties who have fulfilled a specific set of compliance steps under the state's lead paint law. Once an owner has met the inspection, risk-reduction, and notice requirements spelled out in related sections, a lawsuit for lead-related injuries to an 'at-risk' person generally cannot proceed unless the owner first received written notice that the person's blood-lead level met or exceeded the applicable threshold—thresholds that have been progressively lowered over time—and was then given the chance to make a 'qualified offer' of assistance. This provision does not eliminate liability outright; it conditions the availability of a lawsuit on whether those two prerequisites were satisfied.
Plain English — not legal advice.
Under § 6-828, property owners who have proactively completed the risk-reduction, inspection, and tenant-notification steps required by the Maryland lead paint law may benefit from a significant limitation on civil liability for lead-related injuries. Compliant operators typically maintain thorough documentation showing they satisfied §§ 6-811, 6-812, 6-815, 6-817, 6-819, 6-820, and 6-823 before any claim arises, because the protection is only available to owners who can demonstrate full prior compliance. When written notice of an elevated blood-lead level is received, the statute requires that the owner be given an opportunity to make a qualified offer under § 6-831, making prompt and documented responses to any such notice an important part of ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-828 does not prevent a tenant or other person from pursuing a lead-injury claim; rather, it sets out the conditions under which a property owner may assert a liability defense. If a person at risk has a documented elevated blood-lead level meeting the applicable threshold under § 6-828, written notice to the owner and the owner's opportunity to respond with a qualified offer under § 6-831 are key procedural elements that affect how a claim proceeds. Tenants who believe a child or other at-risk person has been harmed by lead exposure may wish to consult a tenant-rights organization or legal aid office to understand how these notice requirements interact with their ability to seek relief.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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