Vermont Renters: Your Rights With Lead-Based Paint Hazards

For Vermont renters, living in a safe home means more than just reliable heat or sturdy roof—it also means protection from health risks like lead-based paint. Vermont has specific laws designed to safeguard tenants, especially families with children, from the dangers of lead exposure in rental housing.

Understanding Lead-Based Paint Hazards in Vermont Rentals

Lead is a toxic metal once common in house paints before 1978. Exposure, especially for children and pregnant women, can cause serious health issues. Vermont law requires landlords to address and manage lead hazards in rental properties built before 1978.

Key Responsibilities of Vermont Landlords

• Essential Maintenance Practices (EMPs): Vermont mandates landlords of pre-1978 rental units to follow EMPs to reduce lead hazards. This includes regular visual inspections, cleaning, and repairing deteriorated paint.
• Annual Disclosure: Every year, landlords must provide tenants with the “Lead-Based Paint Hazard Disclosure Form” and information about EMP compliance.
• Prompt Repairs: Landlords must fix any paint deterioration quickly and safely, following lead-safe work practices.

What Vermont Renters Should Receive

• A completed Lead-Based Paint Hazard Disclosure Form
• The EPA booklet "Protect Your Family from Lead in Your Home"
• Regular notification about EMP compliance status

Official Forms and How to Use Them

• Lead-Based Paint Hazard Disclosure Form (No form number): For rentals built before 1978, landlords must deliver this form to every new tenant before lease signing. If you did not receive it, ask your landlord or report the issue to the Vermont Department of Health. Access the disclosure form here.
• Lead Law - Essential Maintenance Practices (EMP) Compliance Statement (No number): This statement, filled and signed by your landlord, certifies that lead-safe steps are followed. Receive it annually or request if not provided. Download the EMP Compliance Statement.

If lead paint hazards are not properly addressed, you may contact the Vermont Department of Health - Lead Hazard Control Program for investigation and enforcement.

Your Legal Rights and How to Take Action

If your landlord does not comply with state lead laws, such as failing to provide required forms or fix deteriorating paint, you have rights under Vermont's residential rental statutes.

• File a complaint with the Vermont Department of Health’s Lead Program
• Document communication with your landlord regarding repairs
• Seek assistance from Vermont Legal Aid if issues go unresolved

Who Handles Tenant Complaints?

In Vermont, the principal tribunal for rental disputes is the Vermont Judicial Bureau. Disputes related to lead hazards may also be reviewed by the Vermont Department of Health and local code enforcement.

Tenancy protections and requirements concerning lead hazards are laid out in Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137) and Vermont Lead Hazard Reduction Law (18 V.S.A. Chapter 38)¹.

FAQ: Vermont Renters & Lead-Based Paint

1. What should I do if I suspect lead paint hazards in my apartment?
   If you notice chipped or deteriorating paint in a pre-1978 rental, notify your landlord in writing and request immediate repairs. If not addressed, contact the Vermont Department of Health for assistance.
2. Is my landlord required to tell me about lead paint hazards?
   Yes. In Vermont, landlords of most pre-1978 rentals must provide a Lead-Based Paint Hazard Disclosure Form and annual EMP compliance information to every tenant.
3. Can I withhold rent if my landlord ignores lead issues?
   Withholding rent is a serious step under Vermont law. Always seek legal advice from Vermont Legal Aid or the Department of Health before doing so, as mishandling may affect your tenancy.
4. Who enforces lead safety in rental housing?
   The Vermont Department of Health oversees enforcement, and disputes can also proceed before the Vermont Judicial Bureau or local code officials.
5. Where can I find the official lead hazard disclosure form for renters?
   The form is available directly from the Vermont Department of Health website.

Summary of Key Takeaways

• Rentals built before 1978 in Vermont require annual lead safety disclosures and regular maintenance by landlords.
• Tenants have the right to safe housing and can access official forms and government assistance if hazards exist.
• The Vermont Department of Health and local officials can investigate and enforce requirements for lead safety.

Need Help? Resources for Renters

• Vermont Department of Health – Lead Hazard Control Program: Information, complaint process, and lead safety resources.
• Vermont Legal Aid – Lead Paint Safety: Renter legal assistance and advice (free for qualifying tenants).
• Vermont Judicial Bureau: Tribunal for tenancy disputes, including rental safety.
• Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137): Full rental law text.
• Vermont Lead Hazard Reduction Law (18 V.S.A. Chapter 38): Statutes for lead safety in housing.

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137); Lead Hazard Reduction Law (18 V.S.A. Chapter 38); Vermont Department of Health Lead Hazard Program.

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