Home / Housing / Renters / Renters' Rights Healthful and Safe HousingWho Must Keep My Home Safe
and Healthful? Who Must Keep My
Home Safe and Healthful? The law about health and safety in rented homes is called "habitability." Example: Fire But what if you or your guests cause a fire? Then you are responsible to pay for the damage you cause to the home you rent. If your rent is subsidized, you could lose your subsidy if this happens. You can read more about the rules for rent subsidy programs on our Rent Subsidies page. Can I Agree to Rent
the Home Even Though It Has Health and Safety Problems?
What Does "Safe and Healthful" Housing
Mean? The State of Vermont keeps many of Vermont's housing health and safety rules on the internet. Here are links to information on State of Vermont sites and to the Vermont housing health and safety rules. Vermont State Health & Safety Rules Federal Government Health & Safety Rules Health and Safety "Standards" If the home you rent has a health or safety condition that is listed in one of these standards, you can tell this to your Town Health Officer, Code Enforcement Officer, Housing Authority Inspector, or to the Court. If you want to use one of these standards in court, you will need an expert to testify for you at the court hearing or trial to explain to the court what the standard means and why the court should require your landlord to make the home you rent meet the standard. Here are some links to websites of organizations that create health and safety standards. National Fire Protection Association (NFPA) Health and Safety Links NSF International: Drinking Water Information Who Makes Sure My Home Is Safe and Healthful? Town Health Officers inspect rented homes to make sure the homes meet basic health and safety rules. Towns, villages, and cities enforce the health and safety rules. The Vermont Department of Labor and Industry inspects rented homes for electric and other fire-related health and safety problems. If your rent is subsidized, the Housing Authority that runs the subsidy program inspects the home before you move in and while you live there. Here is a link to the Vermont Department of Health's website. This Health Department website explains how Town Health Officers can help you. How Can I Get My
Landlord to Fix Problems at
the Home I Rent? One. Write a letter to your landlord. List the problems and ask him to fix them. You can use the sample letter below to ask your landlord to fix the health and safety problems. Repair Letter Two. Write down each date you have asked your landlord to fix a problem. You should also write down each date you have asked someone to inspect your home. Here is a sample checklist (PDF) you can use to keep track of these dates. Three. What can you do if you wrote to your landlord but he didn't respond, or he is taking a long time to fix the problems? Write to your Town Health Officer. Ask your Town Health Officer to inspect the home you are renting. If your rent is subsidized, write to your Housing Authority and ask it to inspect your home.List of Vermont Town ("Municipal")
Health Officers What if my home is not safe and healthful? After the Town Health Officer inspects your home, he should write a report. The report will list any health and safety problems she finds. The report will also say who must fix the problem. If the home you rent has a health or safety problem, the Town Health Officer should write a report. The report should list the health and safety problems at the home. Next to each problem, the health officer should write who must fix the problem. The Town Health Officer will tell either your landlord or you to fix the problem. If the problem is something your landlord is responsible for, the health officer should order your landlord to fix it. If you are causing a health or safety problem, the health officer will order you to fix it. For example, if you have put furniture in front of a fire exit, the Town Health Officer might order you to move it. But the Town Health Officer should order your landlord to fix health and safety problems with things like the electricity, heating, and plumbing. If Your Rent is Subsidized If you caused any health or safety problems, the report will tell you to fix it. If you cause health or safety problems at the home you rent, you could lose your subsidy. Read our section on Rent Subsidies. Four. You can sue your landlord for a Court Order that orders the landlord to fix the problems. This kind of Order is called a "Temporary Restraining Order" or "TRO" and "Injunction." If the Court grants your request for a TRO and Injunction, your landlord will have to fix the problems at the home you rent. An injunction is difficult to get. You should try the other options we list above first. Did you already try writing a letter to your landlord? Did you already call the Town Health Officer or your Housing Authority? Do you still have the same health or safety problems at your apartment? Then you may want to ask the Court for an injunction to make your landlord fix the problems. You should talk to a lawyer, if you can, before asking the Court for an injunction. Call Vermont Legal Aid at (800) 889-2047 to see if you qualify for free legal help. If the Court does issue an Injunction, the Court could also order your landlord to pay you money damages because of the problems. But this won't happen at the Court Hearing about the Injunction. There will be another Court hearing later to see if the Court believes you should get money damages. The Court could award you money ("damages") if you had to pay extra for living expenses because of the problems or if the problems at the home were very bad. Here is a sample Complaint to sue your landlord and ask the Court to grant a TRO and Injunction. Can My Landlord Evict Me
for Complaining About Health and Safety Problems? It is against the law for your landlord to evict you only because you complained about health and safety problems. If you complained to your landlord or to an official about health and safety problems, you may have a defense to the eviction. This is called a retaliation defense. But retaliation can be hard to prove. Call Vermont Legal Aid at (800) 889-2047 to see if you can get free legal help. but you do not qualify for free legal help? You should talk to a lawyer if you can. You can locate a lawyer through the Vermont Bar Association's Lawyer Referral Service There is more information about the retaliatory eviction defense on our Counterclaims Instructions page.
Vermont Law Help, 2008. Always consult a lawyer, if you can, before taking legal action. | |||
