This is a short and sweet commentary about the most recent RADON Testing Law.
During the last legislative session a law was enacted that requires landlords to have their residential buildings tested for radon no later than 2012, with subsequent testing every ten (10) years thereafter. It is not clear from the statute itself, or from the legislative history, whether the phrase “by 2012” is intended to require that the testing be done prior to the commencement of that year, or prior to the end of that year. See Title 14, Section 6030-D of the Maine Revised Statutes.Home testing kits are not permitted. Radon tests must be conducted by a person who is registered with the Department of Health and Human Services.
If test results reveal a level of radon of 4.0 picocuries per liter of air or above, the landlord is required to take all necessary steps to mitigate the level of radon to a number below that standard.
“Mitigation services” must be provided by a person registered with the Department of Health and Human Services. Landlords are required to provide written notice to tenants and potential tenants regarding the presence of radon in the building. This information must include the date and results of the most recent test and must explain the risks associated with exposure to radon. Standard disclosure forms are being prepared by the state and will be accessible at some point during 2010. Go on line at
www.state.il.us/IEMA/radon/pdf/DisclosureRadonHazards.pdf.
If a landlord fails to comply with the requirements of state law, he or she would be subject to a fine of not more than $250.00 per violation. It is likely that enactment of this new law will strengthen the
hand of Plaintiff’s lawyers who are filing litigation on behalf of individuals who have been harmed by exposure to radon.
Landlords, do you need a new lease or help with an eviction? Give us a call we can help. 207-786-0311
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207.786.0311 or 1.800.DIVORCE
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...Shankman and Associates... Offices in Lewiston, Topsham and Yarmouth, Maine
Shankman & Associates Legal Center is a broadly based general practice of law, the bulk of our practice focuses on four areas: (1) Domestic Relations, including Divorce, Paternity, Child Support, Custody Fights, Alimony and Restraining Orders;
(2) Bankruptcy, including Chapter 7 or 13, liquidation, reorganization, wage earner plans, IRS defense, and foreclosure defense; (3) Landlord/Tenant relations, including evictions, staff training, lease preparations, abandoned property, project acquisitions, subsidized housing, and collections;and(4) Personal Injury claims, including car accidents, slip and fall incidents and products liability issues.
(2) Bankruptcy, including Chapter 7 or 13, liquidation, reorganization, wage earner plans, IRS defense, and foreclosure defense; (3) Landlord/Tenant relations, including evictions, staff training, lease preparations, abandoned property, project acquisitions, subsidized housing, and collections;and(4) Personal Injury claims, including car accidents, slip and fall incidents and products liability issues.
Neil S. Shankman
Attorney
Neil Shankman was born and raised in the jungles of suburban New York. He escaped at an early age and then went to college at Georgetown University in Washington, D.C. With his Bachelor's Degree in Sociology, Government and Psychology, he proceeded to seek knowledge and wisdom at Capital University Law School in Columbus, Ohio. As a member of the Moot Court Board and Editor-in-Chief of the Law Review, Mr. Shankman graduated from law school with grades that he has described as "genetically inappropriate". With dreams of raising a family and making a living, Mr. Shankman began the long march back to the East coast, where he landed in Lewiston, Maine.
Mr. Shankman has been a member of the Maine Bar since September of 1977. After four years as a lobbyist for Pine Tree Legal Assistance (statewide legal aid organization), Mr. Shankman developed and opened the first legal clinic in the State of Maine. With offices in Bangor, Lewiston and South Portland, the firm announced its opening with great fanfare. It included the first statewide prepaid legal services plan in Maine, extensive television advertising, and high visibility promotions.
During the course of the last thirty years, Mr. Shankman has continued to maintain his interest in trial work, particularly in the areas of divorce/family matters and personal injury litigation. He has developed one of the largest bankruptcy practices in the State of Maine, and continues to focus on landlord/tenant matters, both in Court and as General Counsel to Maine Real Estate Managers Association. He also serves as State Chair of the National Association of Consumer Bankruptcy Attorneys.
After over twenty-five years living in Yarmouth, Maine with his family, he relocated to Topsham in October of 2008 where he and his partner, kdb, managed to find a house built in 1797 that requires almost as much maintenance and repairs as he does. He spends his spare time skiing, sailing, bicycling and playing with his three adult children.
Justin Andrus
Attorney
Justin Andrus was born and grew up in New Jersey, then attended high school in New Hampshire. He attended and graduated from Bates College in Lewiston, Maine in 1997. In 2002, Justin graduated from the University of Maine’s School of Law in Portland, Maine. While in law school, Justin participated in the Moot Court program in which he learned the art of preparing and presenting cases on appeal for consideration by the Supreme Court. He received the prize for best oral advocate in an international moot court competition in the fall of 2001. He also served as a student attorney at the Cumberland Legal Aid Clinic in 2001 and 2002.
After graduating from the School of Law in the Spring of 2002, Justin was licensed to practice in the Courts of the State of Maine, and then in the Federal Courts for the State of Maine including the Bankruptcy Court. He is also licensed to practice before the First Circuit Court of Appeals. Justin worked for several years at a small firm in Brunswick, Maine, and then opened a private practice which he operated successfully until December, 2011. Beginning in December, 2011, Justin joined Shankman & Associates from our Topsham, Maine office. By joining Shankman & Associates, Justin has been able to continue his practice providing top shelf legal services to clients in contested civil and criminal actions in the State and Federal Courts without the distraction of administering his own firm.
Justin’s practice focuses on resolving disputed matters in both civil and criminal actions, as well as providing services for clients whose cases are on appeal. Justin provides expertise in civil matters, including personal and business cases, for both Plaintiffs and Defendants; in Family Matters for both married and unmarried parties, including exceptional experience with nontraditional families such as multigenerational family issues and same sex partner disputes; and, criminal matters from drunk driving to manslaughter representation.
Justin is the vice-president of the Bath Brunswick Bar Association and is a member of the governing committee, and previously chairman of, the Maine Bar Association’s Lawyer Referral and Information Service. He is married and lives on the Mid Coast. When he’s not working, Justin can be found racing cars and sailboats, and taking his dog to the beach with his wife.
After graduating from the School of Law in the Spring of 2002, Justin was licensed to practice in the Courts of the State of Maine, and then in the Federal Courts for the State of Maine including the Bankruptcy Court. He is also licensed to practice before the First Circuit Court of Appeals. Justin worked for several years at a small firm in Brunswick, Maine, and then opened a private practice which he operated successfully until December, 2011. Beginning in December, 2011, Justin joined Shankman & Associates from our Topsham, Maine office. By joining Shankman & Associates, Justin has been able to continue his practice providing top shelf legal services to clients in contested civil and criminal actions in the State and Federal Courts without the distraction of administering his own firm.
Justin’s practice focuses on resolving disputed matters in both civil and criminal actions, as well as providing services for clients whose cases are on appeal. Justin provides expertise in civil matters, including personal and business cases, for both Plaintiffs and Defendants; in Family Matters for both married and unmarried parties, including exceptional experience with nontraditional families such as multigenerational family issues and same sex partner disputes; and, criminal matters from drunk driving to manslaughter representation.
Justin is the vice-president of the Bath Brunswick Bar Association and is a member of the governing committee, and previously chairman of, the Maine Bar Association’s Lawyer Referral and Information Service. He is married and lives on the Mid Coast. When he’s not working, Justin can be found racing cars and sailboats, and taking his dog to the beach with his wife.
Rebecca V. Brochu
Attorney
Rebecca Vaughan Brochu lived in various regions of the United States before settling in New England. She attended the University of Connecticut, and graduated from the Western New England College-School of Law in 1996. Rebecca's honors include Magna Cum Laude in 1993, Excellence for the Future Award - Divorce & the Family 1996, and she was recognized by the Maine State Bar Association as the attorney with the most pro bono service hours in the year 2001. Attorney Brochu has been licensed to practice law in the State of Maine since 1997 and her experience includes 2 years of public interest practice and 2 years of private general practice. Rebecca's areas of specialization include family/domestic relations and bankruptcy.
Robert L. Guillory
Attorney
Bob Guillory was born and raised in Biddeford, Maine. He attended schools in Biddeford, graduating from Biddeford High School. He then attended and graduated from Colby College in Waterville, Maine, and then graduated from the University of Maine School of Law in Portland, Maine in 1980.
Attorney Guillory is licensed to practice in the State of Maine in both State and Federal Courts. He practiced briefly in Kennebunk before opening his own practice in Saco, Maine, where he worked until joining the firm of Shankman & Associates in 1995. Over the more than thirty years that he has been in practice, he has done extensive work in personal injury, family law (including custody disputes) and landlord/tenant law. Attorney Guillory still concentrates his practice in these areas, but also assists clients on criminal, contract and real estate matters. He is looking to expand his practice into the area of mediation and is on the Maine roster to preside over Early Neutral Evaluations.
Bob is married and has two children and is past President and current Board of Trustee member of the Biddeford & Saco Country Club.
Aubrey A. Russell
Attorney
Aubrey A. Russell was born and raised in Minot, Maine. She attended Minot Schools and graduated from Hebron Academy. She then attended and graduated magna cum laude from the University of Maine - Orono with a Sociology degree. She then went on to graduate cum laude from the University of Maine School of Law in Portland, Maine in 2007. While in law school, Aubrey completed the Pro Bono Legal Services Program and clerked for Judge Beliveau
at the Lewiston District Court. Aubrey joined Shankman & Associates in 2008. Her practice will concentrate on domestic relations and landlord/tenant disputes.
at the Lewiston District Court. Aubrey joined Shankman & Associates in 2008. Her practice will concentrate on domestic relations and landlord/tenant disputes.