Vermont 2025-2026 Regular Session

Vermont House Bill H0399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.399
2	2	2025 Page 1 of 31
3	3
4	4
5	5	VT LEG #380714 v.1
6	6	H.399 1
7	7	Introduced by Representatives Tomlinson of Winooski, Cina of Burlington, 2
8	8	Cole of Hartford, Dodge of Essex, Headrick of Burlington, 3
9	9	LaMont of Morristown, Logan of Burlington, McCann of 4
10	10	Montpelier, and McGill of Bridport 5
11	11	Referred to Committee on 6
12	12	Date: 7
13	13	Subject: Commerce and trade; housing; residential rental agreements; tenant 8
14	14	rights 9
15	15	Statement of purpose of bill as introduced: This bill proposes to provide 10
16	16	protections to tenants by making the charging of a rental application fee an 11
17	17	unfair commercial practice, requiring certain rental agreements to be in 12
18	18	writing, limiting no-cause evictions and annual rent increases, creating a rental 13
19	19	registry, creating the Office of Tenant’s Rights Advocate, providing for the 14
20	20	right to counsel in eviction proceedings and the expungement of eviction 15
21	21	records, and affording tenants the right to receive notice of a landlord’s intent 16
22	22	to sell an apartment building and to negotiate in good faith and purchase the 17
23	23	building with a down payment revolving fund administered by the Vermont 18
24	24	Housing and Conservation Board. The bill also proposes to add citizenship 19
25	25	and immigration status to the existing discrimination prohibitions in public 20
26	26	accommodations and unfair housing practices. 21 BILL AS INTRODUCED H.399
27	27	2025 Page 2 of 31
28	28
29	29
30	30	VT LEG #380714 v.1
31	31	An act relating to tenant rights 1
32	32	It is hereby enacted by the General Assembly of the State of Vermont: 2
33	33	Sec. 1. 9 V.S.A. chapter 137 is amended to read: 3
34	34	CHAPTER 137. RESIDENTIAL RENTAL AGREEMENTS 4
35	35	* * * 5
36	36	§ 4454. ATTEMPT TO CIRCUMVENT REQUIRED RENTAL 6
37	37	AGREEMENT TERMS 7
38	38	(a) A landlord shall ensure that a rental agreement with a duration of 12 8
39	39	months or longer is in writing and includes: 9
40	40	(1) identification of the parties involved, including contact information 10
41	41	for the owner and any party responsible for managing the property on the 11
42	42	owner’s behalf; 12
43	43	(2) a description of the property subject to the agreement; 13
44	44	(3) the duration of the agreement, including whether the agreement is 14
45	45	periodic or for a fixed term, with clearly specified start and end dates; 15
46	46	(4) the financial obligations of the tenant, including the amount of rent, 16
47	47	the due date, and the method of payment; 17
48	48	(5) whether there are penalties for late payment of rent, including the 18
49	49	date the penalty becomes effective and the calculation of the penalty amount; 19 BILL AS INTRODUCED H.399
50	50	2025 Page 3 of 31
51	51
52	52
53	53	VT LEG #380714 v.1
54	54	(6) the amount of any security deposit and the conditions under which 1
55	55	part or all of the security deposit may be withheld, in compliance with section 2
56	56	4461 of this title; 3
57	57	(7) a description of the responsibility of the parties for maintenance and 4
58	58	repair of the property; 5
59	59	(8) a description of the responsibilities of the parties for the provision of, 6
60	60	and payment for, utilities for the rental unit; 7
61	61	(9) a statement of the rights and responsibilities of the parties to the 8
62	62	agreement; 9
63	63	(10) an accurate statement of the protections against retaliation in 10
64	64	section 4465 of this title; 11
65	65	(11) a statement that a tenant may not be evicted without cause; and 12
66	66	(12) any other disclosure required by law. 13
67	67	(b) No rental agreement shall contain any provision that attempts to 14
68	68	circumvent or circumvents obligations and remedies established by this chapter 15
69	69	and any such provision shall be unenforceable and void. 16
70	70	Subchapter 2. Residential Rental Agreements 17
71	71	* * * 18
72	72	§ 4456a. RESIDENTIAL RENTAL APPLICATION FEES; PROHIBITED 19
73	73	ACTS 20
74	74	(a) A landlord or a landlord’s agent shall not: 21 BILL AS INTRODUCED H.399
75	75	2025 Page 4 of 31
76	76
77	77
78	78	VT LEG #380714 v.1
79	79	(1) charge an application fee to any individual in order to apply to enter 1
80	80	into a rental agreement for a residential dwelling unit; or 2
81	81	(2) request the Social Security number of an individual or a member of 3
82	82	an individual’s household in order to apply to enter into a rental agreement for 4
83	83	a residential dwelling unit or to conduct a criminal background or credit check. 5
84	84	(b) As used in this section, an “application fee” includes any fee or charge 6
85	85	associated with a credit check, background check, or third-party processing 7
86	86	payment or any other costs associated with a rental agreement application. 8
87	87	(c) If required during the application process, a landlord or a landlord’s 9
88	88	agent shall accept an original or a copy of any form of government-issued 10
89	89	identification. 11
90	90	(d) This section shall not be construed to prohibit a person from charging a 12
91	91	fee to a person in order to apply to rent commercial or nonresidential property. 13
92	92	(e) A person who violates this section commits an unfair practice in 14
93	93	commerce in violation of section 2453 of this title. 15
94	94	* * * 16
95	95	§ 4467. TERMINATION OF TENANCY; NOTICE 17
96	96	(a) Termination for nonpayment of rent. The landlord may terminate a 18
97	97	tenancy for nonpayment of rent by providing actual notice to the tenant of the 19
98	98	date on which the tenancy will terminate, which shall be at least 14 days after 20
99	99	the date of the actual notice. The rental agreement shall not terminate if the 21 BILL AS INTRODUCED H.399
100	100	2025 Page 5 of 31
101	101
102	102
103	103	VT LEG #380714 v.1
104	104	tenant pays or tenders rent due through the end of the rental period in which 1
105	105	payment is made or tendered. Acceptance of partial payment of rent shall not 2
106	106	constitute a waiver of the landlord’s remedies for nonpayment of rent or an 3
107	107	accord and satisfaction for nonpayment of rent. 4
108	108	(b) Termination for breach of rental agreement. 5
109	109	(1) The landlord may terminate a tenancy for failure of the tenant to 6
110	110	comply with a material term of the rental agreement or with obligations 7
111	111	imposed under this chapter by actual notice given to the tenant at least 30 days 8
112	112	prior to the termination date specified in the notice. 9
113	113	(2) When termination is based on criminal activity, illegal drug activity, 10
114	114	or acts of violence, any of which threaten the health or safety of other 11
115	115	residents, the landlord may terminate the tenancy by providing actual notice to 12
116	116	the tenant of the date on which the tenancy will terminate, which shall be at 13
117	117	least 14 days from the date of the actual notice. 14
118	118	(c) Termination for no cause. In the absence of a written rental agreement, 15
119	119	subject to subdivision (3) of this subsection, the landlord may terminate a 16
120	120	tenancy for no cause as follows: 17
121	121	(1) If rent is payable on a monthly basis, by providing actual notice to 18
122	122	the tenant of the date on which the tenancy will terminate, which shall be: 19
123	123	(A) for tenants who have resided continuously in the same premises 20
124	124	for two years or less, at least 60 days after the date of the actual notice; or 21 BILL AS INTRODUCED H.399
125	125	2025 Page 6 of 31
126	126
127	127
128	128	VT LEG #380714 v.1
129	129	(B) for tenants who have resided continuously in the same premises 1
130	130	for more than two years, at least 90 days after the date of the actual notice. 2
131	131	(2) If rent is payable on a weekly basis, by providing actual notice to the 3
132	132	tenant of the date on which the tenancy will terminate, which shall be at least 4
133	133	21 days after the date of the actual notice. 5
134	134	(3) This subsection shall apply only in the following circumstances: 6
135	135	(A) the rental unit is one of a two-unit or three-unit owner-occupied 7
136	136	building; or 8
137	137	(B) the rental unit requires renovations that exceed 50 percent of the 9
138	138	rental unit’s value to become or remain habitable, provided that the tenant shall 10
139	139	have the right of first refusal to reoccupy the unit at market rate following 11
140	140	renovations and the tenant had been provided with adequate relocation costs 12
141	141	for the duration of the renovations. 13
142	142	(d) Termination of rental agreement when property is sold. In the absence 14
143	143	of a written rental agreement, a landlord who has contracted to sell the building 15
144	144	may terminate a tenancy by providing actual notice to the tenant of the date on 16
145	145	which the tenancy will terminate, which shall be at least 30 days three months 17
146	146	after the date of the actual notice. 18
147	147	(e) Termination for no cause under terms of written rental agreement. 19
148	148	Subject to subdivision (2) of this subsection: 20 BILL AS INTRODUCED H.399
149	149	2025 Page 7 of 31
150	150
151	151
152	152	VT LEG #380714 v.1
153	153	(1) If there is a written rental agreement, the notice to terminate for no 1
154	154	cause shall be at least 30 days before the end or expiration of the stated term of 2
155	155	the rental agreement if the tenancy has continued for two years or less. The 3
156	156	notice to terminate for no cause shall be at least 60 days before the end or 4
157	157	expiration of the term of the rental agreement if the tenancy has continued for 5
158	158	more than two years. If there is a written week-to-week rental agreement, the 6
159	159	notice to terminate for no cause shall be at least seven days; however, a notice 7
160	160	to terminate for nonpayment of rent shall be as provided in subsection (a) of 8
161	161	this section. 9
162	162	(2) This subsection shall apply only in the following circumstances: 10
163	163	(A) the rental unit is one of a two-unit or three-unit owner-occupied 11
164	164	building; or 12
165	165	(B) the rental unit requires renovations that exceed 50 percent of the 13
166	166	rental unit’s value to become or remain habitable, provided that the tenant shall 14
167	167	have the right of first refusal to reoccupy the unit at market rate following 15
168	168	renovations and the tenant had been provided with adequate relocation costs 16
169	169	for the duration of the renovations. 17
170	170	(f) Termination date for no cause prohibited. In all cases, the termination 18
171	171	date shall be specifically stated in the notice. 19
172	172	(1)(A) Except as otherwise provided in this section, a landlord shall not 20
173	173	terminate a tenancy without cause. 21 BILL AS INTRODUCED H.399
174	174	2025 Page 8 of 31
175	175
176	176
177	177	VT LEG #380714 v.1
178	178	(B) For purposes of this subsection (f), the expiration of a rental 1
179	179	agreement shall not constitute cause for a landlord to terminate a tenancy. 2
180	180	(2) A landlord may terminate a tenancy for no cause, if allowed by the 3
181	181	rental agreement, within the first three months of a new tenancy. 4
182	182	(3)(A) A landlord may terminate a tenancy for no cause if the landlord 5
183	183	or a member of the landlord’s immediate family has a good faith intention to 6
184	184	occupy the premises. 7
185	185	(B) A landlord shall provide the tenant with actual notice of the date 8
186	186	on which the tenancy will terminate, which shall be at least six months after 9
187	187	the date of the actual notice. 10
188	188	(C) As used in this subdivision (3), “immediate family” means: 11
189	189	(i) an adult person related by blood, adoption, marriage, or as 12
190	190	defined or described in similar law in another jurisdiction; 13
191	191	(ii) an unmarried parent of a joint child; 14
192	192	(iii) a child, grandchild, foster child, ward, or guardian; or 15
193	193	(iv) a child, grandchild, foster child, ward, or guardian of any 16
194	194	person listed in subdivision (i) or (ii) of this subdivision (f)(3)(C). 17
195	195	(4) A landlord may terminate a tenancy for no cause pursuant to 18
196	196	subsection (c) or (e) of this section. 19
197	197	(5) A landlord may terminate a tenancy of shared occupancy for no 20
198	198	cause pursuant to subsection (h) of this section. 21 BILL AS INTRODUCED H.399
199	199	2025 Page 9 of 31
200	200
201	201
202	202	VT LEG #380714 v.1
203	203	(6) A landlord may terminate a tenancy in order to comply with a State 1
204	204	law or municipal government order that requires the tenant to leave. 2
205	205	(g) Conversion to condominium. If the building is being converted to 3
206	206	condominiums, notice shall be given in accordance with 27 V.S.A. chapter 15, 4
207	207	subchapter 2. 5
208	208	(h) Termination of shared occupancy. A rental arrangement whereby a 6
209	209	person rents to another individual one or more rooms in his or her the person’s 7
210	210	personal residence that includes the shared use of any of the common living 8
211	211	spaces, such as the living room, kitchen, or bathroom, may be terminated by 9
212	212	either party by providing actual notice to the other of the date the rental 10
213	213	agreement shall terminate, which shall be at least 15 days after the date of 11
214	214	actual notice if the rent is payable monthly and at least seven days after the 12
215	215	date of actual notice if the rent is payable weekly. 13
216	216	(i) Multiple Termination date; multiple notices. 14
217	217	(1) A landlord shall specifically state a termination date in a notice of 15
218	218	termination. 16
219	219	(2) All actual notices that are in compliance with this section shall not 17
220	220	invalidate any other actual notice and shall be a valid basis for commencing 18
221	221	and maintaining an action for possession pursuant to this chapter, 10 V.S.A. 19
222	222	chapter 153, 11 V.S.A. chapter 14, or 12 V.S.A. chapter 169, notwithstanding 20
223	223	that the notices may be based on different or unrelated grounds, dates of 21 BILL AS INTRODUCED H.399
224	224	2025 Page 10 of 31
225	225
226	226
227	227	VT LEG #380714 v.1
228	228	termination, or that the notices are sent at different times prior to or during an 1
229	229	ejectment action. A landlord may maintain an ejectment action and rely on as 2
230	230	many grounds for ejectment as are allowed by law at any time during the 3
231	231	eviction process. 4
232	232	(j) Payment after termination; effect. 5
233	233	(1) A landlord’s acceptance of full or partial rent payment by or on 6
234	234	behalf of a tenant after the termination of the tenancy for reasons other than 7
235	235	nonpayment of rent or at any time during the ejectment action shall not result 8
236	236	in the dismissal of an ejectment action or constitute a waiver of the landlord’s 9
237	237	remedies to proceed with an eviction action based on any of the following: 10
238	238	(A) the tenant’s breach of the terms of a rental agreement pursuant to 11
239	239	subsection (b) of this section; 12
240	240	(B) the tenant’s breach of the tenant’s obligations pursuant to 13
241	241	subsections 4456(a), (b), and (c) of this title; or 14
242	242	(C) for no cause pursuant to subsections (c), (d), (e), and (h) of this 15
243	243	section. 16
244	244	(2) This subsection shall apply to 10 V.S.A. chapter 153, 11 V.S.A. 17
245	245	chapter 14, and 12 V.S.A. chapter 169. 18
246	246	(k) Commencement of ejectment action. A notice to terminate a tenancy 19
247	247	shall be insufficient to support a judgment of eviction unless the proceeding is 20 BILL AS INTRODUCED H.399
248	248	2025 Page 11 of 31
249	249
250	250
251	251	VT LEG #380714 v.1
252	252	commenced not later than 60 days from the termination date set forth in the 1
253	253	notice. 2
254	254	* * * 3
255	255	§ 4468b. MAXIMUM INCREASE IN RENT 4
256	256	(a) A landlord shall not increase rent during any 12-month period in an 5
257	257	amount greater than one percent above the U.S. Consumer Price Index for all 6
258	258	Urban Consumers, Housing Component, published by the U.S. Bureau of 7
259	259	Labor Statistics in the periodical “Monthly Labor Review and Handbook of 8
260	260	Labor Statistics” as established annually by the Department of Housing and 9
261	261	Community Development, or five percent, whichever is less. 10
262	262	(b) A landlord shall specify in a notice of increase of rent: 11
263	263	(1) the amount of the rent increase; 12
264	264	(2) the amount of the new rent; and 13
265	265	(3) the date on which the increase becomes effective. 14
266	266	(c) A landlord shall notify a tenant of an increase in rent not less than 90 15
267	267	days prior to the date the increase takes effect. 16
268	268	* * * 17
269	269	Subchapter 5. Tenant Rights to Purchase Property 18
270	270	§ 4476. TENANT RIGHTS TO PURCHASE PROPERTY 19
271	271	(a) Notice. 20 BILL AS INTRODUCED H.399
272	272	2025 Page 12 of 31
273	273
274	274
275	275	VT LEG #380714 v.1
276	276	(1) An owner of a residential rental property that contains three or more 1
277	277	dwelling units shall give to each tenant and to the Commissioner of Housing 2
278	278	and Community Development notice by certified mail, return receipt 3
279	279	requested, of the owner’s intention to sell the property. 4
280	280	(2) If a tenant refuses the notice, or it is otherwise undeliverable, the 5
281	281	owner shall send the notice by first-class mail to the tenant’s last known 6
282	282	mailing address. 7
283	283	(3) The notice shall state the following: 8
284	284	(A) the owner intends to sell the property; 9
285	285	(B) the price, terms, and conditions under which the owner offers the 10
286	286	property for sale; 11
287	287	(C) a list of the affected tenants; 12
288	288	(D) the status of compliance with applicable statutes, rules, and 13
289	289	permits, to the owner’s best knowledge, and the reasons for any 14
290	290	noncompliance; and 15
291	291	(E) that for 45 days following the notice, the owner shall not make a 16
292	292	final unconditional acceptance of an offer to purchase the property and that if 17
293	293	within the 45 days the owner receives notice pursuant to subsection (c) of this 18
294	294	section that a majority of the tenants intend to consider purchase of the 19
295	295	property, the owner shall not make a final unconditional acceptance of an offer 20
296	296	to purchase the property for an additional 120 days, starting from the 46th day 21 BILL AS INTRODUCED H.399
297	297	2025 Page 13 of 31
298	298
299	299
300	300	VT LEG #380714 v.1
301	301	following notice, except one from a group representing a majority of the 1
302	302	tenants or from a nonprofit corporation approved by a majority of the tenants. 2
303	303	(b) Resident intent to negotiate; timetable. 3
304	304	(1) The tenants shall have 45 days following notice under subsection (a) 4
305	305	of this section to determine whether they intend to consider purchase of the 5
306	306	property through a group representing a majority of the tenants or a nonprofit 6
307	307	corporation approved by a majority of the tenants. 7
308	308	(2) A majority of the tenants is determined by one vote per leasehold, 8
309	309	and no tenant shall have more than three votes or 30 percent of the aggregate 9
310	310	property vote, whichever is less. 10
311	311	(3) During this 45-day period, the owner shall not accept a final 11
312	312	unconditional offer to purchase the property. 12
313	313	(c) Response to notice; required action. 13
314	314	(1) If the owner does not receive notice from the tenants during the 45-14
315	315	day period, or if the tenants notify the owner that they do not intend to consider 15
316	316	purchase of the property, the owner has no further restrictions regarding sale of 16
317	317	the building pursuant to this section. 17
318	318	(2) If, during the 45-day period, the owner receives notice in writing that 18
319	319	a majority of the tenants intend to consider purchase of the property, then the 19
320	320	owner shall: 20 BILL AS INTRODUCED H.399
321	321	2025 Page 14 of 31
322	322
323	323
324	324	VT LEG #380714 v.1
325	325	(A) not accept a final unconditional offer to purchase from a party 1
326	326	other than leaseholders for 120 days following the 45-day period, a total of 165 2
327	327	days following the notice from the leaseholders; 3
328	328	(B) negotiate in good faith with the group representing a majority of 4
329	329	the tenants or a nonprofit corporation approved by a majority of the tenants 5
330	330	concerning purchase of the property; 6
331	331	(C) consider any offer to purchase from a group representing a 7
332	332	majority of the tenants or from a nonprofit corporation approved by a majority 8
333	333	of the tenants; and 9
334	334	(D) accept an offer from the tenants or nonprofit corporation if the 10
335	335	offer: 11
336	336	(i) equals or exceeds the appraised value of the property; or 12
337	337	(ii) is on substantially equivalent terms and conditions as the best 13
338	338	reasonable offer from another third party. 14
339	339	(d) Penalties. 15
340	340	(1) An owner who sells a property without complying with this section: 16
341	341	(A) is liable to the tenants in the aggregate amount of $10,000.00 or 17
342	342	50 percent of the gain realized by the owner from the sale, whichever is 18
343	343	greater; and 19
344	344	(B) commits an unfair practice in trade and commerce in violation of 20
345	345	section 2453 of this title. 21 BILL AS INTRODUCED H.399
346	346	2025 Page 15 of 31
347	347
348	348
349	349	VT LEG #380714 v.1
350	350	(2) The Department of Housing and Community Development may: 1
351	351	(A) impose an administrative penalty of not more than $5,000.00 per 2
352	352	violation; 3
353	353	(B) bring a civil action for damages or injunctive relief, or both; and 4
354	354	(C) refer a violation to the Attorney General or State’s Attorney for 5
355	355	enforcement pursuant to subdivision (1)(B) of this subsection (d). 6
356	356	(e) Exceptions. The provisions of this section do not apply when the sale, 7
357	357	transfer, or conveyance of the property occurs through one or more of the 8
358	358	following: 9
359	359	(1) through a foreclosure sale; 10
360	360	(2) to a member of the owner’s family or to a trust for the sole benefit of 11
361	361	members of the owner’s family; 12
362	362	(3) among the partners who own the property; 13
363	363	(4) incidental to financing the building; 14
364	364	(5) between joint tenants or tenants in common; 15
365	365	(6) pursuant to eminent domain; or 16
366	366	(7) pursuant to a municipal tax sale. 17
367	367	(f) Requirement for new notice of intent to sell. 18
368	368	(1) Subject to subdivision (2) of this subsection, a notice of intent to sell 19
369	369	issued pursuant to subsection (a) of this section is valid: 20 BILL AS INTRODUCED H.399
370	370	2025 Page 16 of 31
371	371
372	372
373	373	VT LEG #380714 v.1
374	374	(A) for a period of one year from the expiration of the 45-day period 1
375	375	following the date of the notice; or 2
376	376	(B) if the owner has entered into a binding purchase and sale 3
377	377	agreement with a group representing a majority of the tenants or a nonprofit 4
378	378	corporation approved by a majority of the tenants within one year from the 5
379	379	expiration of the 45-day period following the date of the notice until the 6
380	380	completion of the sale of the property under the agreement or the expiration of 7
381	381	the agreement, whichever is sooner. 8
382	382	(2) During the period in which a notice of intent to sell is valid, an 9
383	383	owner shall provide a new notice of intent to sell, consistent with the 10
384	384	requirements of subsection (a) of this section, prior to making an offer to sell 11
385	385	the property or accepting an offer to purchase the property that is either more 12
386	386	than five percent below the price for which the property was initially offered 13
387	387	for sale or less than five percent above the final written offer from a group 14
388	388	representing a majority of the tenants or a nonprofit corporation approved by a 15
389	389	majority of the tenants. 16
390	390	(g) Good faith. A group representing a majority of the tenants or a 17
391	391	nonprofit corporation approved by a majority of the tenants shall negotiate in 18
392	392	good faith with the owner for purchase of the property. 19
393	393	Sec. 2. 3 V.S.A. § 2478 is added to read: 20
394	394	§ 2478. STATE RENTAL HOUSING REGISTRY; HOUSING DATA 21 BILL AS INTRODUCED H.399
395	395	2025 Page 17 of 31
396	396
397	397
398	398	VT LEG #380714 v.1
399	399	(a) The Department of Housing and Community Development, in 1
400	400	coordination with the Division of Fire Safety, the Department of Health, the 2
401	401	Enhanced 911 Board, and the Department of Taxes, shall create and maintain a 3
402	402	publicly accessible registry of the rental housing in this State that includes a 4
403	403	“dwelling unit” as defined in 9 V.S.A. § 4451 and a “short-term rental” as 5
404	404	defined in 18 V.S.A. § 4301. 6
405	405	(b) The Department of Housing and Community Development shall require 7
406	406	for each unit that is registered the following data: 8
407	407	(1) the name of the owner or landlord and property manager, if 9
408	408	applicable; 10
409	409	(2) phone number, email, and mailing address of the landlord and 11
410	410	property manager, if applicable; 12
411	411	(3) location of the unit and unit number or letter; 13
412	412	(4) year built; 14
413	413	(5) type of rental unit; 15
414	414	(6) number of units in the building; 16
415	415	(7) school property account number; 17
416	416	(8) accessibility of the unit; 18
417	417	(9) number of bedrooms and bathrooms; 19 BILL AS INTRODUCED H.399
418	418	2025 Page 18 of 31
419	419
420	420
421	421	VT LEG #380714 v.1
422	422	(10) for owners of short-term rentals, the number of whole-unit or 1
423	423	partial-unit short-term rentals within the building, or in the case of multiple 2
424	424	buildings on a parcel of land, on the entire lot; and 3
425	425	(11) any other information the Department deems appropriate. 4
426	426	(c) Upon request of the Department of Housing and Community 5
427	427	Development, and at least annually, a municipal, district, or other local 6
428	428	government entity that operates a rental housing health and safety program that 7
429	429	requires registration of a rental housing unit and a fee for inclusion on the 8
430	430	registry shall provide to the Department the data for each unit that is required 9
431	431	pursuant to subsection (b) of this section. 10
432	432	Sec. 3. 3 V.S.A. § 2479 is added to read: 11
433	433	§ 2479. RENTAL HOUSING REGISTRATION 12
434	434	(a) Except as provided in subsection (c) of this section, an owner of long-13
435	435	term rental housing that is subject to 9 V.S.A. chapter 137 shall: 14
436	436	(1) file with the Department of Taxes a landlord certificate; and 15
437	437	(2) within 30 days after filing the certificate, register with and pay to the 16
438	438	Department of Housing and Community Development an annual registration 17
439	439	fee of $35.00 per rental unit, unless the owner has within the preceding 18
440	440	12 months: 19
441	441	(A) registered the unit pursuant to subsection (b) of this section; or 20 BILL AS INTRODUCED H.399
442	442	2025 Page 19 of 31
443	443
444	444
445	445	VT LEG #380714 v.1
446	446	(B) registered the unit with a municipal, district, or other local 1
447	447	government entity that operates a rental housing health and safety program. 2
448	448	(b) Except as provided in subsection (c) of this section, an owner of a 3
449	449	short-term rental, as defined in 18 V.S.A. § 4301, shall, annually, within 4
450	450	30 days after renting a unit, register with and pay to the Department of 5
451	451	Housing and Community Development an annual registration fee of $35.00 per 6
452	452	rental unit, unless the owner has within the preceding 12 months: 7
453	453	(1) registered the unit pursuant to subsection (a) of this section; or 8
454	454	(2) registered the unit with a municipal, district, or other local 9
455	455	government entity that operates a rental housing health and safety program. 10
456	456	(c)(1) An owner of a mobile home lot within a mobile home park who has 11
457	457	registered the lot with the Department of Housing and Community 12
458	458	Development and who does not own a mobile home on the lot is exempt from 13
459	459	registering the lot pursuant to this section. 14
460	460	(2) An owner of a mobile home lot within a mobile home park who has 15
461	461	registered the lot with the Department and who owns a mobile home on the lot 16
462	462	that is available for rent or rented shall register the property with the 17
463	463	Department and pay a fee equal to the fee required by subdivision (a)(2) of this 18
464	464	section less any fee paid within the previous 12 months pursuant to 10 V.S.A. 19
465	465	§ 6254(c). 20 BILL AS INTRODUCED H.399
466	466	2025 Page 20 of 31
467	467
468	468
469	469	VT LEG #380714 v.1
470	470	(3) An owner of a mobile home who rents the mobile home, whether 1
471	471	located in a mobile home park, shall register pursuant to this section. 2
472	472	(d) An owner of rental housing who fails to register pursuant to this section 3
473	473	shall pay a late registration fee of $150.00 and may be subject to administrative 4
474	474	penalties not to exceed $5,000.00 for each violation. 5
475	475	Sec. 4. 3 V.S.A. § 2480 is added to read: 6
476	476	§ 2480. TENANT’S RIGHTS ADVOCATE 7
477	477	(a) The Department of Housing and Community Development shall 8
478	478	contract with a nonprofit organization with expertise in tenant’s rights to 9
479	479	establish the Office of Tenant’s Rights Advocate. 10
480	480	(b) The Office of Tenant’s Rights Advocate shall have the following 11
481	481	functions and duties: 12
482	482	(1) educate tenants and landlords about their rights and responsibilities 13
483	483	and rental housing code requirements; 14
484	484	(2) provide information, referrals, and assistance to tenants seeking help 15
485	485	with issues arising from an existing or potential landlord-tenant relationship; 16
486	486	(3) accept referrals from other organizations to assist individuals with 17
487	487	rental housing needs; 18
488	488	(4) mediate issues on behalf of and with the authorization of an 19
489	489	individual tenant; 20 BILL AS INTRODUCED H.399
490	490	2025 Page 21 of 31
491	491
492	492
493	493	VT LEG #380714 v.1
494	494	(5) identify, investigate, and resolve complaints on behalf of individual 1
495	495	tenants and assist them with filing and pursuit of complaints and appeals; 2
496	496	(6) monitor, analyze, and facilitate public comment on the development 3
497	497	and implementation of federal, State, and local laws, rules, and policies related 4
498	498	to housing; 5
499	499	(7) provide technical assistance to tenants intending to purchase 6
500	500	property under 9 V.S.A. § 4476; 7
501	501	(8) provide legal services to tenants facing eviction; and 8
502	502	(9) recommend legislative action as may be appropriate to resolve 9
503	503	problems encountered by tenants and landlords. 10
504	504	(c) On or before January 15 of each year, the Office of Tenant’s Rights 11
505	505	Advocate shall submit a report on the activities, performance, and fiscal 12
506	506	accounts of the Office during the preceding calendar year. The report shall be 13
507	507	submitted to the House Committee on General and Housing and the Senate 14
508	508	Committee on Economic Development, Housing and General Affairs. 15
509	509	(d) The Office of Tenant’s Rights Advocate may: 16
510	510	(1) pursue administrative, judicial, and other remedies on behalf of any 17
511	511	individual tenant or group of tenants; 18
512	512	(2) adopt policies and procedures necessary to carry out the provisions 19
513	513	of this chapter; and 20
514	514	(3) take any other action necessary to fulfill the purposes of this section. 21 BILL AS INTRODUCED H.399
515	515	2025 Page 22 of 31
516	516
517	517
518	518	VT LEG #380714 v.1
519	519	(e) All State agencies shall comply with reasonable requests from the 1
520	520	Office of Tenant’s Rights Advocate for information and assistance. The 2
521	521	Department of Housing and Community Development may adopt rules 3
522	522	necessary to ensure the cooperation of State agencies under this section. 4
523	523	(f) In the absence of written consent by a complainant or an individual 5
524	524	using the services of the Office or by a complainant’s or individual’s guardian 6
525	525	or legal representative or the absence of a court order, the Office of Tenant’s 7
526	526	Rights Advocate, its employees, and its contractors shall not disclose the 8
527	527	identity of the complainant or individual. 9
528	528	(g) The Office of Tenant’s Rights Advocate, its employees, and its 10
529	529	contractors shall take steps necessary to avoid any conflict of interest relating 11
530	530	to the performance of their responsibilities under this chapter. For the 12
531	531	purposes of this chapter, a conflict of interest exists whenever the Office, its 13
532	532	employees, or its contractors or a person affiliated with the Office, its 14
533	533	employees, or its contractors: 15
534	534	(1) has a direct or indirect interest in the information, referrals, or 16
535	535	assistance provided to individuals about obtaining or providing housing 17
536	536	services; 18
537	537	(2) has a direct ownership interest or investment interest in a place of 19
538	538	housing or housing provider; 20 BILL AS INTRODUCED H.399
539	539	2025 Page 23 of 31
540	540
541	541
542	542	VT LEG #380714 v.1
543	543	(3) is employed by or participating in the management of a place of 1
544	544	housing or housing provider; or 2
545	545	(4) receives or has the right to receive, directly or indirectly, remuneration 3
546	546	under a compensation arrangement with a place of housing or housing 4
547	547	provider. 5
548	548	Sec. 5. 12 V.S.A. § 4857 is added to read: 6
549	549	§ 4857. RIGHT TO COUNSEL 7
550	550	(a) The defendant in an action brought under subchapter 3 of this chapter 8
551	551	shall have the right to representation by counsel throughout the proceeding. 9
552	552	Upon the filing of the complaint, the court shall notify the defendant that the 10
553	553	defendant has the right to counsel. If the defendant states that the defendant is 11
554	554	unable to pay for counsel, the court shall appoint counsel to be paid by the 12
555	555	State or set a hearing for a determination of the defendant’s ability to pay for 13
556	556	counsel. 14
557	557	(b) In appointing counsel under this section, the court may appoint counsel 15
558	558	from the Office of Tenant’s Rights Advocate established in 3 V.S.A. § 2480. 16
559	559	Sec. 6. 12 V.S.A. § 4858 is added to read: 17
560	560	§ 4858. EXPUNGEMENT 18
561	561	(a) A person may file a petition with the court requesting expungement of 19
562	562	an eviction proceeding under subchapter 3 of this chapter. The court shall 20 BILL AS INTRODUCED H.399
563	563	2025 Page 24 of 31
564	564
565	565
566	566	VT LEG #380714 v.1
567	567	provide notice of the petition to the plaintiff landlord at the last known address 1
568	568	of the landlord. 2
569	569	(b) The court shall grant the petition without hearing if the petitioner and 3
570	570	the respondent stipulate to the granting of the petition. The respondent shall 4
571	571	file the stipulation with the court, and the court shall issue the petitioner an 5
572	572	order of expungement and provide notice of the order in accordance with this 6
573	573	section. 7
574	574	(c) The court shall grant the petition and order that the eviction history 8
575	575	record be expunged if the following conditions are met: 9
576	576	(1) at least five years have elapsed since the issuance of the judgement 10
577	577	under section 4854 of this title; 11
578	578	(2) a subsequent judgement for eviction has not been issued against the 12
579	579	individual arising out of a new incident or occurrence since the judgement 13
580	580	giving rise to the petition; 14
581	581	(3) the person has paid all rent, damages, costs, and reasonable 15
582	582	attorney’s fees awarded as part of an eviction proceeding; and 16
583	583	(4) the court finds that expungement of the eviction history record 17
584	584	serves the interests of justice. 18
585	585	(d) Upon entry of an order expunging files and records under this section, 19
586	586	the proceedings in the matter shall be considered never to have occurred; all 20
587	587	index references thereto shall be deleted; and the participant, the court, and law 21 BILL AS INTRODUCED H.399
588	588	2025 Page 25 of 31
589	589
590	590
591	591	VT LEG #380714 v.1
592	592	enforcement officers and departments shall reply to any request for 1
593	593	information that no record exists with respect to such participant inquiry in any 2
594	594	matter. Copies of the order shall be sent to each agency, entity, or official 3
595	595	named therein. 4
596	596	Sec. 7. TENANT RIGHT TO PURCHASE DOWN PAYMENT 5
597	597	ASSISTANCE PROGRAM 6
598	598	(a) The sum of $5,000,000.00 is appropriated from the General Fund to the 7
599	599	Department of Housing and Community Development to grant to the Vermont 8
600	600	Housing and Conservation Board in fiscal year 2026 for the purpose of 9
601	601	establishing the Tenant Right to Purchase Down Payment Assistance Program. 10
602	602	(b)(1) The Agency shall use the funds appropriated in this section to 11
603	603	provide down payment assistance to tenants and nonprofit organizations 12
604	604	exercising their right to purchase a residential dwelling under 9 V.S.A. chapter 13
605	605	137, subchapter 5. 14
606	606	(2) The Agency shall adopt one or more legal mechanisms to ensure that 15
607	607	subsequent sales of a home that is subsidized through the Program are limited 16
608	608	to income-eligible homebuyers. 17
609	609	(c) The Agency may assign its rights under any investment or grant made 18
610	610	under this section to the Vermont Housing and Conservation Board or any 19
611	611	State agency or nonprofit organization qualifying under 26 U.S.C. § 501(c)(3), 20 BILL AS INTRODUCED H.399
612	612	2025 Page 26 of 31
613	613
614	614
615	615	VT LEG #380714 v.1
616	616	provided such assignee acknowledges and agrees to comply with the 1
617	617	provisions of this section. 2
618	618	(d) The Department shall report to the House Committee on General and 3
619	619	Housing and the Senate Committee on Economic Development, Housing and 4
620	620	General Affairs on the status of the Program annually, on or before January 15, 5
621	621	through 2030. 6
622	622	Sec. 8. 9 V.S.A. § 4501 is amended to read: 7
623	623	§ 4501. DEFINITIONS 8
624	624	As used in this chapter: 9
625	625	* * * 10
626	626	(12)(A) “Harass” means to engage in unwelcome conduct that detracts 11
627	627	from, undermines, or interferes with a person’s: 12
628	628	(i) use of a place of public accommodation or any of the 13
629	629	accommodations, advantages, facilities, or privileges of a place of public 14
630	630	accommodation because of the person’s race, creed, color, national origin, 15
631	631	citizenship, immigration status, marital status, sex, sexual orientation, gender 16
632	632	identity, or disability; or 17
633	633	(ii) terms, conditions, privileges, or protections in the sale or rental 18
634	634	of a dwelling or other real estate, or in the provision of services or facilities in 19
635	635	connection with a dwelling or other real estate, because of the person’s race, 20
636	636	sex, sexual orientation, gender identity, age, marital status, religious creed, 21 BILL AS INTRODUCED H.399
637	637	2025 Page 27 of 31
638	638
639	639
640	640	VT LEG #380714 v.1
641	641	color, national origin, citizenship, immigration status, or disability, or because 1
642	642	the person intends to occupy a dwelling with one or more minor children, or 2
643	643	because the person is a recipient of public assistance, or because the person is a 3
644	644	victim of abuse, sexual assault, or stalking. 4
645	645	* * * 5
646	646	Sec. 9. 9 V.S.A. § 4502 is amended to read: 6
647	647	§ 4502. PUBLIC ACCOMMODATIONS 7
648	648	(a) An owner or operator of a place of public accommodation or an agent 8
649	649	or employee of such owner or operator shall not, because of the race, creed, 9
650	650	color, national origin, citizenship, immigration status, marital status, sex, 10
651	651	sexual orientation, or gender identity of any person, refuse, withhold from, or 11
652	652	deny to that person any of the accommodations, advantages, facilities, and 12
653	653	privileges of the place of public accommodation. 13
654	654	* * * 14
655	655	Sec. 10. 9 V.S.A. § 4503 is amended to read: 15
656	656	§ 4503. UNFAIR HOUSING PRACTICES 16
657	657	(a) It shall be unlawful for any person: 17
658	658	(1) To refuse to sell or rent, or refuse to negotiate for the sale or rental 18
659	659	of, or otherwise make unavailable or deny, a dwelling or other real estate to 19
660	660	any person because of the race, sex, sexual orientation, gender identity, age, 20
661	661	marital status, religious creed, color, national origin, citizenship, immigration 21 BILL AS INTRODUCED H.399
662	662	2025 Page 28 of 31
663	663
664	664
665	665	VT LEG #380714 v.1
666	666	status, or disability of a person, or because a person intends to occupy a 1
667	667	dwelling with one or more minor children, or because a person is a recipient of 2
668	668	public assistance, or because a person is a victim of abuse, sexual assault, or 3
669	669	stalking. 4
670	670	(2) To discriminate against, or to harass, any person in the terms, 5
671	671	conditions, privileges, and protections of the sale or rental of a dwelling or 6
672	672	other real estate, or in the provision of services or facilities in connection with 7
673	673	a dwelling or other real estate, because of the race, sex, sexual orientation, 8
674	674	gender identity, age, marital status, religious creed, color, national origin, 9
675	675	citizenship, immigration status, or disability of a person, or because a person 10
676	676	intends to occupy a dwelling with one or more minor children, or because a 11
677	677	person is a recipient of public assistance, or because a person is a victim of 12
678	678	abuse, sexual assault, or stalking. 13
679	679	(3) To make, print, or publish, or cause to be made, printed, or published 14
680	680	any notice, statement, or advertisement, with respect to the sale or rental of a 15
681	681	dwelling or other real estate that indicates any preference, limitation, or 16
682	682	discrimination based on race, sex, sexual orientation, gender identity, age, 17
683	683	marital status, religious creed, color, national origin, citizenship, immigration 18
684	684	status, or disability of a person, or because a person intends to occupy a 19
685	685	dwelling with one or more minor children, or because a person is a recipient of 20 BILL AS INTRODUCED H.399
686	686	2025 Page 29 of 31
687	687
688	688
689	689	VT LEG #380714 v.1
690	690	public assistance, or because a person is a victim of abuse, sexual assault, or 1
691	691	stalking. 2
692	692	(4) To represent to any person because of the race, sex, sexual 3
693	693	orientation, gender identity, age, marital status, religious creed, color, national 4
694	694	origin, citizenship, immigration status, or disability of a person, or because a 5
695	695	person intends to occupy a dwelling with one or more minor children, or 6
696	696	because a person is a recipient of public assistance, or because a person is a 7
697	697	victim of abuse, sexual assault, or stalking, that any dwelling or other real 8
698	698	estate is not available for inspection, sale, or rental when the dwelling or real 9
699	699	estate is in fact so available. 10
700	700	* * * 11
701	701	(6) To discriminate against any person in the making or purchasing of 12
702	702	loans or providing other financial assistance for real-estate-related transactions 13
703	703	or in the selling, brokering, or appraising of residential real property, because 14
704	704	of the race, sex, sexual orientation, gender identity, age, marital status, 15
705	705	religious creed, color, national origin, citizenship, immigration status, or 16
706	706	disability of a person, or because a person intends to occupy a dwelling with 17
707	707	one or more minor children, or because a person is a recipient of public 18
708	708	assistance, or because a person is a victim of abuse, sexual assault, or stalking. 19
709	709	(7) To engage in blockbusting practices, for profit, which may include 20
710	710	inducing or attempting to induce a person to sell or rent a dwelling by 21 BILL AS INTRODUCED H.399
711	711	2025 Page 30 of 31
712	712
713	713
714	714	VT LEG #380714 v.1
715	715	representations regarding the entry into the neighborhood of a person or 1
716	716	persons of a particular race, sex, sexual orientation, gender identity, age, 2
717	717	marital status, religious creed, color, national origin, citizenship, immigration 3
718	718	status, or disability of a person, or because a person intends to occupy a 4
719	719	dwelling with one or more minor children, or because a person is a recipient of 5
720	720	public assistance, or because a person is a victim of abuse, sexual assault, or 6
721	721	stalking. 7
722	722	(8) To deny any person access to or membership or participation in any 8
723	723	multiple listing service, real estate brokers’ organization, or other service, 9
724	724	organization, or facility relating to the business of selling or renting dwellings, 10
725	725	or to discriminate against any person in the terms or conditions of such access, 11
726	726	membership, or participation, on account of race, sex, sexual orientation, 12
727	727	gender identity, age, marital status, religious creed, color, national origin, 13
728	728	citizenship, immigration status, or disability of a person, or because a person is 14
729	729	a recipient of public assistance, or because a person is a victim of abuse, sexual 15
730	730	assault, or stalking. 16
731	731	* * * 17
732	732	(12) To discriminate in land use decisions or in the permitting of 18
733	733	housing because of race, sex, sexual orientation, gender identity, age, marital 19
734	734	status, religious creed, color, national origin, citizenship, immigration status, 20
735	735	disability, the presence of one or more minor children, income, or because of 21 BILL AS INTRODUCED H.399
736	736	2025 Page 31 of 31
737	737
738	738
739	739	VT LEG #380714 v.1
740	740	the receipt of public assistance, or because a person is a victim of abuse, sexual 1
741	741	assault, or stalking, except as otherwise provided by law. 2
742	742	* * * 3
743	743	(d) The provisions of subsection (a) of this section with respect to 4
744	744	discrimination in the sales and rentals of dwellings on the basis of citizenship 5
745	745	or immigration status shall not preclude the verification of immigration status 6
746	746	if required by federal law. 7
747	747	Sec. 11. APPROPRIATION 8
748	748	The sum of $4,000,000.00 is appropriated from the General Fund to the 9
749	749	Department of Housing and Community Development in fiscal year 2026, 10
750	750	$2,000,000.00 of which shall be used to fund the Office of Tenant’s Rights 11
751	751	Advocate established in 3 V.S.A. § 2480 and $2,000,000.00 of which shall be 12
752	752	used for legal services through the Office of Tenant’s Rights Advocate. 13
753	753	Sec. 12. EFFECTIVE DATE 14
754	754	This act shall take effect on July 1, 2025. 15