§ 6–836.1
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 6-836.1 (2026)
Title 6. Toxic, Carcinogenic, and Flammable Substances
Subtitle 8. Reduction of Lead Risk in Housing
§ 6–836.1LinkCopy Citation
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 of this subtitle;
(2)
Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;
(3)
Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and
(4)
Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.