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Vermont Tenants, Inc. |
LEAD LAW INFORMATION
FOR LANDLORDS AND TENANTS IN VERMONT
Summary of State Lead Law
Effective July 1, 1996, state law requires owners of residential rental units built before 1978 to perform "Essential Maintenance Practices" (EMPs) to reduce lead paint poisoning hazards, unless the home has been certified lead-free. Excluded from these requirements are: housing specifically designated for the elderly or handicapped; motels, hotels, and other housing designed and rented for transient occupancy; and rented single rooms located within an apartment or single family home when the owner also resides there.
Landlords or their property managers are required to attend a lead poisoning hazard training (EMP course) sponsored or approved by the Vermont Department of Health ("VDH") to learn about their new legal obligations, the legal benefits of performing those obligations, and about how to do repairs safely. To schedule a landlord training, call the Vermont Lead Poisoning Prevention Program at the Vermont Department of Health: (802) 865-7786 or 1-800-439-8550
Landlords must provide state-approved lead paint hazard information to current and prospective tenants.
In all units in which a child age 6 or under lives, landlords are required to clean all window wells and sills to which a tenant has access. This is to be done annually and whenever tenants move out.
Owners must clean all horizontal surfaces except ceilings at the change of tenants. Cleaning of horizontal surfaces and window wells and sills must be done using methods, products and devices approved by the Department of Health--for example, high-phosphate soap and specialized, dust-reducing vacuum cleaners (HEPA vacuum cleaners).
Landlords must install window well inserts or protect window wells by another method approved by VDH.
Landlords must post a written notice asking tenants to inform the landlord of deteriorating paint.
Landlords must inspect the housing unit for deteriorating paint upon each change of tenant, and at least annually. The first inspection must be done no later than July 1, 1998.
Landlords must safely remove or stabilize areas of deteriorating paint greater than one square foot on interior surfaces and exterior porches. This must be done within 30 days of the inspection or within 30 days of being notified of deteriorating paint.
If an area of deteriorating paint greater than one square foot is found on any other exterior surface in an area frequented by children age six or under, the landlord must stabilize the paint or restrict children's access. Deteriorating paint discovered on the exterior after November 1st of any year need not be stabilized or removed until May 31st of the following year.
Landlords and contractors must take all reasonable precautions to avoid creating lead hazards during renovation, remodeling, maintenance, or repair projects. Dry scraping, burning, water blasting, power sanding, and sand-blasting are specifically prohibited practices. Specialized cleaning of the work area, using phosphate soap and a HEPA vacuum cleaner (or other products and devices approved by VDH) must be done at the completion of the work.
After landlords or their contractors have performed these EMPs, they receive a limitation on liability for lead poisoning suits and a presumption of meeting the warranty of habitability with regard to lead.
Summary of Federal Lead Laws
In addition to the state requirements, federal regulations require that a landlord or property manager of rental housing built before 1978 disclose any known lead paint poisoning hazards to prospective or renewing tenants. Leases must contain a provision informing tenants of the dangers of lead paint. These federal regulations went into effect on September 6, 1996, for landlords who own more than four rental housing units, and on December 6, 1996 for those who own four or fewer units. Housing designated for the elderly and handicapped is exempt.
Landlords may not refuse to rent to tenants with children as a way to try to avoid their obligations under the state and federal laws, as this would violate both the federal and state fair housing laws. If you feel you have been discriminated against as a family with children, call the Vermont Human Rights Commission at 828-2480.
For more information about lead safety, or for a more detailed explanation of your rights and responsibilities under these laws, call the Vermont Lead Poisoning Prevention Program at the Vermont Department of Health: (802) 865-7786 or 1-800-439-8550.
For information about grants and loans available for landlords and homeowners who wish to do lead hazard reduction work, contact the Vermont Housing and Conservation Board at (802) 828-5064 or the Vermont Home Mortgage Guarantee Board at 1-800-439-8550 or (802) 865-7786
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