If you are EMP certified, or have an inspector who is EMP certified, you can comply right away by completing your EMPs and filing your statement immediately:
The Landlord Restoration Program (Program) launched in 2017 by the Attorney General’s Office and the Department of Health. The Program provided: (i) information and resources to landlords, (ii) extended time for repairs, and (iii) a waiver of state enforcement for past non-compliance. The Program, which concluded in 2018, was piloted in five Vermont towns that had elevated blood lead levels in children: Rutland, Bennington, Bellows Falls/Windsor, Barre, and St. Albans. Compliance rates suggest that the pilot program was effective in increasing property owner compliance. Compliance rates went up by an average of 14%, with several towns seeing around 20% increases.
A copy of the complete report on the Landlord Restoration Program can be found here.
I can't complete the EMPs right now. What can I do to get in compliance?
Here are steps you can take to get in compliance with Vermont's Lead Law:
- Get EMP certified or hire an EMP contractor
- Do your EMPs
- File your EMP compliance statement
When do I perform EMPs?
EMPs are annual obligations. Each year you must inspect your rental property and safely repair deteriorated paint. If you receive a letter to comply within 30 days from the Department of Health, you can request an extension by completing the Department of Health's Extension of Time form.
How do I perform EMPs?
You can become EMP certified yourself, or hire an EMP contractor, visit: www.leadsafevermont.org. Beware of shortcuts! Make sure your EMP statement is accurate before you file. There are significant penalties for falsely certifying EMP compliance.
My property has been gutted and renovated. Does the law still apply to me?
Yes! If your building has been restored, it still may contain lead. To exempt you from annual EMP filings, a third-party contractor must perform an inspection and prepare a report. This generally costs $500-$1000, and you may be eligible for financial assistance if you rent to low or moderate-income tenants.
You can find information here on hiring a lead contractor, and here is information for lead contractors.
What if a tenant makes a complaint against me for a lead violation?
If you come into compliance voluntarily, there will be no State enforcement for past noncompliance. However, the state cannot waive a private claim a tenant may have.
What if I don’t file an EMP statement?
Failure to comply with the lead law, may leave you exposed to a complaint or future enforcement action. Our goal is to support the efforts of Vermonters who wish to comply with the law.
Questions?
Contact the Vermont Dept. of Health, Asbestos & Lead Regulatory Program, by phone at 802-863-7220 or online at www.healthvermont.gov