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Building Awareness and Public Support

Building Capacity for Lead Safety

Collaborations, Partnerships, and Incentives

Financing and Subsidies

Lead Safety and Healthy Homes Standards

Targeting High Risk Homes

Using Code Enforcement and Other Systems

 

 

Appendices

 

 

Building Blocks Full Text [PDF]

 

 

CDC-Funded Childhood Lead Poisoning Prevention Programs

 

 

Produced by the Alliance for Healthy Homes and the Lead Poisoning Prevention Branch of the Centers for Disease Control and Prevention

 

 

 

Centers for Disease Control and Prevention

 


Acknowledgements

 

 

 

 

 

 

 

About Building Blocks | Search Building Blocks for Primary Prevention

Using Code Enforcement and Other Systems

 

Require an Inspection for Lead-Based Paint Hazards at Tenant Turnover

 

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DESCRIPTION OF THE STRATEGY

Tenant turnover presents an excellent opportunity for deteriorated paint and other potential lead hazards to be identified and corrected because the safety and convenience of occupants are not an issue in a vacant unit. Rental property owners can be required to assess and control any lead hazards after the departing tenant leaves but before the new tenant occupies the unit.   

 

BENEFITS

Immediate/Direct Results:  Regular maintenance to correct or prevent lead-based paint hazards reduces the risk of child exposure to lead.

 

Public Health Benefits:  Triggering corrective action by landlords at the time of vacancy institutionalizes lead safety and primary prevention.

 

Other Indirect/Collateral Benefits: The overall quality of rental housing is improved. Property owners that perform turnover treatments may avoid the high cost of lead abatement that may be required if a child is poisoned and benefit from increased liability protection and lower insurance premiums.

 

Scope of Potential Impact

Statewide

City - or - County - Wide

 

PRIMARY ACTOR(S)
KEY PARTNER(S)
Inspection, Code, or Building Agency
Property Owners
Tenants

 

CRITICAL ELEMENTS

Staff requirements: The number of staff needed depends on the size of the jurisdiction and number of rental units.

 

Other resource requirements: A database of rental housing must exist or be created. Some enforcement presence is needed to monitor and enforce compliance.

 

Institutional capacity required:   Statute, ordinance, or code that requires assessment and control at the time of or prior to tenant turnover; statutory authority to enforce such requirements; and enough code inspectors to implement it.

 

Cost considerations: Costs associated with creating and maintaining a rental property database; salary and other costs related to monitoring and enforcement.

 

Timing issues: None.

 

Feasibility of Implementation:  Variable. For jurisdictions with an existing rental property database and an active code enforcement program, this strategy has the potential to generate profound change with little cost. Jurisdictions with weak code enforcement programs will find this strategy difficult to implement.  

 

Potential Obstacles/Barriers

Since it is impossible for code inspectors to know when rental property is turning over, this strategy’s success depends on substantial voluntary property owner compliance as well as an educated renter population. Also, turnover treatment may be difficult in tight rental markets where new tenants need to occupy units quickly—such as “on the first of the month” because the leases on their previous homes expired the day before.  

 

Additional Resources

1.

R.I. Gen. Laws §42-128.1-4(5)

 

 

 

ILLUSTRATION OF STRATEGY IN PRACTICE

As part of statutorily mandated Essential Maintenance Practices (EMPs), Vermont law requires owners of pre-1978 rental housing to perform visual, on-site inspections on each rental unit at tenant turnover. The EMPs require, among other things, the inspection of paint condition, including interior and exterior surfaces and fixtures, and the completion of any needed repair. The essential maintenance work must be completed according to safe work practices. Owners must sign a notarized affidavit stating that EMPs have been completed and file it with their insurance carrier and the Vermont Department of Health. In Burlington, VT (the only jurisdiction currently enforcing this law), code enforcement officers conduct workshops to educate landlords about the requirements and how to meet them. The training addresses the property owners’ business sense and self-interest by emphasizing that compliance with the regular property maintenance requirements placates insurance companies, protects the property, and shields property owners from liability. Burlington also does periodic mailings with detailed materials on lead paint regulations and includes the Department of Health form.

 

Jurisdiction or Target Area
Vermont

 

Primary Actor

Department of Health; Code Enforcement Office


Staffing utilized

Burlington did not require additional staffing.

 

Other resources utilized

 

 

Factors essential to implementation

An existing database of rental property or the means to create one; educational outreach materials for property owners; and sufficient staffing to conduct outreach to property owners and property maintenance companies, monitor for compliance, and enforcement.

 

Limitations/challenges/problems encountered

Local jurisdictions other than Burlington do not have code enforcement programs or rental property databases in place and have been unable to enforce the law thus far. Also, the insurance industry’s failure to support the law (although its part was voluntary) precludes the EMPs’ proponents envisioned incentive for property owners to conduct an inspection and obtain a notarized affidavit.

 

Magnitude of Impact/Potential Impact

There is potential for tremendous impact—regular property maintenance and yearly inspections may be the best method of primary prevention. Burlington Code Enforcement finds that most property owners already inspect at tenant turnover, so educating them about the lead paint requirements is often all that is necessary for compliance.

 

Potential for Replication

High in a location with a rental property database and sufficient staffing to do landlord outreach and monitoring.

 

Contact for Specific Information
Amy Sayre
Director
Childhood Lead Poisoning Prevention Program
802-863-7388
asayre@vdh.state.vt.us
Kathleen Butler
Assistant Director
Burlington Code Enforcement Office
802-865-7510
kbutler@ci.burlington.vt.us

 

References for additional information
1. - Vt. Stat. Ann. tit. 18, § 1759(a)

 

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