Baltimore County, MD Building Safety: Lead Paint (2026)
Key Facts
- County remedy
- tenant rent escrow under § 35-4-301
- State standard incorporated
- Environment Article § 6-815, § 6-819
- Abatement authority
- Dept. of Environmental Protection & Sustainability
- Mandatory abatement trigger
- any child biting surface
- Escrow disposition rule
- Real Property Article § 8-211.1
Summary
Baltimore County ties lead paint to two remedies: under Code § 35-4-301, a tenant whose landlord fails Maryland's lead risk reduction standard can escrow rent through the state process, and under the Livability Code § 35-5-209(h), the Department of Environmental Protection and Sustainability sets the abatement method for any painted surface that presents a lead hazard, especially child-height biting surfaces.
If a landlord fails to comply with the applicable lead risk reduction standard under § 6-815 or § 6-819 of the Environment Article of the Annotated Code of Maryland, the tenant may deposit the tenant's rent in an escrow account and the disposition of the rent shall be resolved in accordance with § 8-211.1 of the Real Property Article of the Annotated Code of Maryland. ... (h)Lead paint abatement.(1)In this subsection, "surface" includes walls, ceilings, doors, trim molding, window frames, radiators, and stair banisters.(2)All surfaces that present a potential health hazard due to lead paint shall have the painted surfaces abated by procedures established by the Department of Environmental Protection and Sustainability.(3)Intact surfaces in good condition need not be abated unless they present a potential biting surface for children.(4)All surfaces that present a potential biting surface shall have the painted surfaces abated by procedures established by the Department of Environmental Protection and Sustainability.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 29 | Zoning Regulations: Supplement 10).
Full Breakdown
Baltimore County does not run its own lead paint licensing scheme; it enforces the state's lead risk reduction law and layers a livability-code maintenance duty on top of it. Under § 35-4-301, if a landlord fails to comply with the lead risk reduction standard set out in § 6-815 or § 6-819 of the Environment Article of the Annotated Code of Maryland, the tenant can deposit rent into an escrow account, and the disposition of that escrow is resolved under § 8-211.1 of the Real Property Article. That gives a Baltimore County tenant the same rent-withholding leverage available for a dangerous-conditions complaint, specifically pegged to a landlord's lead-paint noncompliance.
Separately, the county's own Livability Code addresses lead paint as a maintenance defect. Under § 35-5-209(h), any interior surface, including walls, ceilings, doors, trim molding, window frames, radiators, and stair banisters, that presents a potential health hazard due to lead paint must be abated using procedures the Department of Environmental Protection and Sustainability establishes. An intact surface in good condition does not need abatement unless it is a potential biting surface for children, in which case abatement is required regardless of its condition. The Code Official enforces this maintenance duty the same way as other Livability Code violations, through a correction notice and, if uncorrected, a citation under Article 3, Title 6.
Violations & Fines
A landlord who ignores a § 35-5-209(h) lead-paint abatement order faces the standard Livability Code enforcement path: a correction notice, then a citation under Article 3, Title 6 if the surfaces are not abated on the Department's timeline. A landlord who fails the state lead risk reduction standard under § 35-4-301 exposes the property to a tenant-initiated rent escrow action in court.
Frequently Asked Questions
Does Baltimore County require landlords to disclose lead paint?
What surfaces must a landlord abate for lead paint?
What happens if my landlord ignores a lead abatement notice?
Sources & Official References
Other rules in Baltimore County
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