Lead in Housing
Sales of pre-1978 Housing
Sellers of pre-1978 housing must disclose certain information on lead hazards and, for rental housing, on compliance with the lead law. Disclosures are required both prior to executing a purchase and sale agreement and at the time of sale. For information from the Department of Health on the specific actions that must be taken and the materials that must be distributed, click here.
Annually, owners of pre-1978 rental properties must perform essential maintenance practices (known as “EMPs”) at the rental properties. EMPs include, but are not limited to, installing window well inserts, visually inspecting properties at least annually for deteriorated lead-based paint, restoring surfaces to be free of deteriorated lead-based paint within 30 days after such paint has been visually identified or reported to the owner by a tenant, and posting lead-based paint hazard information in a prominent place.
An EMP Compliance Statement certifying completion of EMPs needs to be submitted annually to the Department of Health, to the property owner’s insurance carrier and to all tenants of the property.
NEW: Vermont Department of Health electronic EMP filing for landlords and property managers: https://secure.vermont.gov/VDH/emp/
Press release: http://healthvermont.gov/news/2013/012813_emp.aspx
Rental Housing Resources
EMP Compliance Statement. www.rentalcodes.org – serves as a central location for Vermont rental housing rules, regulations, and guidelines, with viewers able to access information based on who they are (landlord, tenant, or municipality) and area of interest. Features checklists of the rights and responsibilities of landlords and tenants, including links to relevant codes and contacts “Protect Your Family From Lead In Your Home” – U.S. Environmental Protection Agency (EPA) guide to identifying and reducing lead hazards in your home. It is required that this pamphlet be distributed to tenants as a part of complying with the Vermont Lead Law (EMP Compliance Statement number 11). List of EMP Contractors: The Department of Health has a list of contractors who have completed an approved Essential Maintenance Practices (EMP) training course and are available to perform EMPs for a fee. This list is not a recommendation or endorsement by the Vermont Department of Health. The Vermont Attorney General’s Office sponsored a workshop for landlords and property managers on how to comply with Vermont’s lead in housing law. The video and materials from the workshop include a summary of the legal requirements of the law, financial and technical resources and model forms to come into and stay in compliance with the law, best management practices, and model forms for property management companies.
Published: May 28, 2014