# Environment (GEN)

## Title 6. Toxic, Carcinogenic, and Flammable Substances

### Subtitle 8. Reduction of Lead Risk in Housing

#### Section 6-836.1

In an action in which the owner's immunity from liability under Sec. 6-835 or Sec. 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 Sec. 6-835 or Sec. 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 Sec. 6-835 or Sec. 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 Sec. 6-835 or Sec. 6-836 of this subtitle.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)