(a) In this part the following words have the meanings indicated. (b) “Action” includes a complaint, counterclaim, cross-claim, or third-party complaint. (c) “Co-offer” means a qualified offer which is made by or on behalf of more than one person as provided under this part. (d) “Offeror” means a person including an insurer or other agent who makes a qualified […]
This part applies to all potential bases of liability for alleged injury or loss to a person caused by the ingestion of lead by a person at risk in an affected property.
(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 […]
(a) A person who receives notice under § 6-828(b)(1) of this subtitle is entitled to the results of any available prior blood lead tests of the person at risk for the purpose of determining whether to make a qualified offer under this subtitle and whether the qualified offer should be designated as a co-offer. (b) In the […]
(a) If, between February 24, 1996 and February 23, 2001, inclusive, the concentration of lead in a whole venous blood sample of a person at risk tested within 30 days after the person at risk begins residence or to regularly spend at least 24 hours per week in an affected property that is certified as being […]
(a) A qualified offer may be made to a person at risk under this part by: (1) The owner of the affected property in which the person at risk resides or regularly spends at least 24 hours a week; (2) An insurer of the owner; or (3) An agent of the owner. (b) Upon notice to a third party, an […]
(a) An offeror under § 6-831 of this subtitle shall send notice of the qualified offer to the person at risk, or in the case of a minor, the parent or legal guardian of the minor in the form and manner specified by the Department. (b) (1) An offeror under § 6-831 of this subtitle shall send a […]
(a) For purposes of this section, a parent or legal guardian of a person at risk who is a minor is unavailable if, following reasonable efforts, the offeror is unable to locate or communicate with the parent or guardian of the minor. (b) (1) If a parent or legal guardian of the minor is unavailable, the offeror may: […]
(a) A person at risk, or a parent or legal guardian of a minor who is a person at risk, may accept or reject a qualified offer made under this part as provided in this section. (b) Subject to the provisions of § 6-833 of this subtitle, a person at risk, or a parent or legal guardian […]
Acceptance of a qualified offer by a person at risk, or by a parent, legal guardian, or other person authorized under § 6-833 of this subtitle to respond on behalf of a person discharges and releases all potential liability of the offeror, the offeror’s insured or principal, and any participating co-offeror to the person at […]
An owner of an affected property is not liable, for alleged injury or loss caused by ingestion of lead by a person at risk in the affected property, to a person at risk or a parent, legal guardian, or other person authorized under § 6-833 of this subtitle to respond on behalf of a person […]
In an action in which the owner’s immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall: (1) Allow discovery limited solely to the issue of the owner’s immunity under § 6-835 or § 6-836 […]
A qualified offer shall be treated as an offer of compromise for purposes of admissibility in evidence, notwithstanding that the amount is not in controversy.
(a) (1) In an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in an affected property, evidence that the owner of the affected property was in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk […]
(a) Whenever a qualified offer is made under this part, the qualified offer shall include payment for reasonable expenses and costs up to the amount specified in § 6-840 of this subtitle for: (1) The relocation of the household of the person at risk to lead-safe housing of comparable size and quality that may provide: (i) The permanent […]
(a) The amounts payable under a qualified offer made under this part are subject to the following aggregate maximum caps: (1) $7,500 for all medically necessary treatments as provided and limited in § 6-839(a) and (b) of this subtitle; and (2) $9,500 for relocation benefits which shall include: (i) Relocation expenses; (ii) A rent subsidy, up to 150% of the […]
(a) Payments under a qualified offer for temporary relocation shall include: (1) Transportation expenses; (2) The rent or per diem cost of temporary lead-safe housing; (3) Meal expenses, if the temporary lead-safe housing does not contain meal preparation facilities; and (4) The cost of moving, hauling, or storing furniture or other personal belongings. (b) The household of the person at risk […]
(a) An offeror who fails to comply with the terms of a qualified offer, or who falsely certifies compliance under § 6-839(c) of this subtitle, shall be deemed to be out of compliance with the provisions of Part IV of this subtitle with respect to the person who is the subject of the qualified offer for […]
