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Vermont Tenants, Inc. |
LEAD LAW INFORMATION
FOR LANDLORDS AND TENANTS IN VERMONT
Some Information Regarding Vermont's Lead Law
On July 1, 1996, law regarding lead safety in rental housing and child care facilities (Title 18 V.S.A. Chapter 38) came into effect in Vermont . On July 1, 2008, revisions to Vermont's lead safety law came into effect. These changes strengthened lead safety protections in Vermont.
Among other things Vermont lead safety law requires owners of residential rental units built before 1978 to perform or have performed "Essential Maintenance Practices" (EMPs) to reduce lead paint poisoning hazards, unless the home has been certified lead-free. Excluded from these requirements are: 1) housing specifically designated for the elderly or handicapped; 2) motels, hotels, and other housing designed and rented for transient occupancy; 3) rented single rooms located within an apartment or single family home when the owner also resides there.
EMPs are to be performed only by persons who have successfully completed an EMP training course, or a person who works under the direct supervision of a person who has successfully completed such training.
Landlords must perform or have EMPs performed annually by trained persons in all common areas accessible to tenants as well as conduct a visual inspection of all interior and exterior painted surfaces with the tenant’s permission. After landlords have performed or had the required essential maintenance practices performed, and as long as they have not created any lead hazards, they receive a limitation on liability for lead poisoning law suits and are presumed to meet the warranty of habitability with respect to lead paint.
To find out more about Vermont’s lead law, EMPs, EMP training and more, connect with the following state Offices:
Vermont Department of Health: Lead Poisoning Prevention Program also Lead Resource Guide for Property Owners 802-865-7786 or 800-439-8550.
And,
Vermont Department of Health EMP contractor list
And,
The Vermont Attorney General’s Office web site Lead page
Also check out these other Resources:
• Vermont Lead Safety Project, 588 Fern Lake Road, Leicester, VT 05733. Phone: 802-247-5920. Ee-mail: cehp@gmavt.net
• Burlington Lead Program of Burlington’s Community and Economic Development Office 802-865-5323. City Hall, Room 32, 149 Church Street, Burlington, VT 05401 (For residents of Burlington, Vermont or residential rental property owners with properties in Burlington)
• Vermont Housing and Conservation Board’s Vermont Lead-Based Paint Hazard Reduction Program. Technical and financial assistance for landlords and homeowners to reduce hazards due to lead paint 802-828-5064.
• National Lead Information Center 800-532-3394
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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
Champlain Valley Office of Economic Opportunity