BILL AS INTRODUCED H.399
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H.399 1
Introduced by Representatives Tomlinson of Winooski, Cina of Burlington, 2
Cole of Hartford, Dodge of Essex, Headrick of Burlington, 3
LaMont of Morristown, Logan of Burlington, McCann of 4
Montpelier, and McGill of Bridport 5
Referred to Committee on 6
Date: 7
Subject: Commerce and trade; housing; residential rental agreements; tenant 8
rights 9
Statement of purpose of bill as introduced: This bill proposes to provide 10
protections to tenants by making the charging of a rental application fee an 11
unfair commercial practice, requiring certain rental agreements to be in 12
writing, limiting no-cause evictions and annual rent increases, creating a rental 13
registry, creating the Office of Tenant’s Rights Advocate, providing for the 14
right to counsel in eviction proceedings and the expungement of eviction 15
records, and affording tenants the right to receive notice of a landlord’s intent 16
to sell an apartment building and to negotiate in good faith and purchase the 17
building with a down payment revolving fund administered by the Vermont 18
Housing and Conservation Board. The bill also proposes to add citizenship 19
and immigration status to the existing discrimination prohibitions in public 20
accommodations and unfair housing practices. 21 BILL AS INTRODUCED H.399
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An act relating to tenant rights 1
It is hereby enacted by the General Assembly of the State of Vermont: 2
Sec. 1. 9 V.S.A. chapter 137 is amended to read: 3
CHAPTER 137. RESIDENTIAL RENTAL AGREEMENTS 4
* * * 5
§ 4454. ATTEMPT TO CIRCUMVENT REQUIRED RENTAL 6
AGREEMENT TERMS 7
(a) A landlord shall ensure that a rental agreement with a duration of 12 8
months or longer is in writing and includes: 9
(1) identification of the parties involved, including contact information 10
for the owner and any party responsible for managing the property on the 11
owner’s behalf; 12
(2) a description of the property subject to the agreement; 13
(3) the duration of the agreement, including whether the agreement is 14
periodic or for a fixed term, with clearly specified start and end dates; 15
(4) the financial obligations of the tenant, including the amount of rent, 16
the due date, and the method of payment; 17
(5) whether there are penalties for late payment of rent, including the 18
date the penalty becomes effective and the calculation of the penalty amount; 19 BILL AS INTRODUCED H.399
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(6) the amount of any security deposit and the conditions under which 1
part or all of the security deposit may be withheld, in compliance with section 2
4461 of this title; 3
(7) a description of the responsibility of the parties for maintenance and 4
repair of the property; 5
(8) a description of the responsibilities of the parties for the provision of, 6
and payment for, utilities for the rental unit; 7
(9) a statement of the rights and responsibilities of the parties to the 8
agreement; 9
(10) an accurate statement of the protections against retaliation in 10
section 4465 of this title; 11
(11) a statement that a tenant may not be evicted without cause; and 12
(12) any other disclosure required by law. 13
(b) No rental agreement shall contain any provision that attempts to 14
circumvent or circumvents obligations and remedies established by this chapter 15
and any such provision shall be unenforceable and void. 16
Subchapter 2. Residential Rental Agreements 17
* * * 18
§ 4456a. RESIDENTIAL RENTAL APPLICATION FEES; PROHIBITED 19
ACTS 20
(a) A landlord or a landlord’s agent shall not: 21 BILL AS INTRODUCED H.399
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(1) charge an application fee to any individual in order to apply to enter 1
into a rental agreement for a residential dwelling unit; or 2
(2) request the Social Security number of an individual or a member of 3
an individual’s household in order to apply to enter into a rental agreement for 4
a residential dwelling unit or to conduct a criminal background or credit check. 5
(b) As used in this section, an “application fee” includes any fee or charge 6
associated with a credit check, background check, or third-party processing 7
payment or any other costs associated with a rental agreement application. 8
(c) If required during the application process, a landlord or a landlord’s 9
agent shall accept an original or a copy of any form of government-issued 10
identification. 11
(d) This section shall not be construed to prohibit a person from charging a 12
fee to a person in order to apply to rent commercial or nonresidential property. 13
(e) A person who violates this section commits an unfair practice in 14
commerce in violation of section 2453 of this title. 15
* * * 16
§ 4467. TERMINATION OF TENANCY; NOTICE 17
(a) Termination for nonpayment of rent. The landlord may terminate a 18
tenancy for nonpayment of rent by providing actual notice to the tenant of the 19
date on which the tenancy will terminate, which shall be at least 14 days after 20
the date of the actual notice. The rental agreement shall not terminate if the 21 BILL AS INTRODUCED H.399
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tenant pays or tenders rent due through the end of the rental period in which 1
payment is made or tendered. Acceptance of partial payment of rent shall not 2
constitute a waiver of the landlord’s remedies for nonpayment of rent or an 3
accord and satisfaction for nonpayment of rent. 4
(b) Termination for breach of rental agreement. 5
(1) The landlord may terminate a tenancy for failure of the tenant to 6
comply with a material term of the rental agreement or with obligations 7
imposed under this chapter by actual notice given to the tenant at least 30 days 8
prior to the termination date specified in the notice. 9
(2) When termination is based on criminal activity, illegal drug activity, 10
or acts of violence, any of which threaten the health or safety of other 11
residents, the landlord may terminate the tenancy by providing actual notice to 12
the tenant of the date on which the tenancy will terminate, which shall be at 13
least 14 days from the date of the actual notice. 14
(c) Termination for no cause. In the absence of a written rental agreement, 15
subject to subdivision (3) of this subsection, the landlord may terminate a 16
tenancy for no cause as follows: 17
(1) If rent is payable on a monthly basis, by providing actual notice to 18
the tenant of the date on which the tenancy will terminate, which shall be: 19
(A) for tenants who have resided continuously in the same premises 20
for two years or less, at least 60 days after the date of the actual notice; or 21 BILL AS INTRODUCED H.399
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(B) for tenants who have resided continuously in the same premises 1
for more than two years, at least 90 days after the date of the actual notice. 2
(2) If rent is payable on a weekly basis, by providing actual notice to the 3
tenant of the date on which the tenancy will terminate, which shall be at least 4
21 days after the date of the actual notice. 5
(3) This subsection shall apply only in the following circumstances: 6
(A) the rental unit is one of a two-unit or three-unit owner-occupied 7
building; or 8
(B) the rental unit requires renovations that exceed 50 percent of the 9
rental unit’s value to become or remain habitable, provided that the tenant shall 10
have the right of first refusal to reoccupy the unit at market rate following 11
renovations and the tenant had been provided with adequate relocation costs 12
for the duration of the renovations. 13
(d) Termination of rental agreement when property is sold. In the absence 14
of a written rental agreement, a landlord who has contracted to sell the building 15
may terminate a tenancy by providing actual notice to the tenant of the date on 16
which the tenancy will terminate, which shall be at least 30 days three months 17
after the date of the actual notice. 18
(e) Termination for no cause under terms of written rental agreement. 19
Subject to subdivision (2) of this subsection: 20 BILL AS INTRODUCED H.399
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(1) If there is a written rental agreement, the notice to terminate for no 1
cause shall be at least 30 days before the end or expiration of the stated term of 2
the rental agreement if the tenancy has continued for two years or less. The 3
notice to terminate for no cause shall be at least 60 days before the end or 4
expiration of the term of the rental agreement if the tenancy has continued for 5
more than two years. If there is a written week-to-week rental agreement, the 6
notice to terminate for no cause shall be at least seven days; however, a notice 7
to terminate for nonpayment of rent shall be as provided in subsection (a) of 8
this section. 9
(2) This subsection shall apply only in the following circumstances: 10
(A) the rental unit is one of a two-unit or three-unit owner-occupied 11
building; or 12
(B) the rental unit requires renovations that exceed 50 percent of the 13
rental unit’s value to become or remain habitable, provided that the tenant shall 14
have the right of first refusal to reoccupy the unit at market rate following 15
renovations and the tenant had been provided with adequate relocation costs 16
for the duration of the renovations. 17
(f) Termination date for no cause prohibited. In all cases, the termination 18
date shall be specifically stated in the notice. 19
(1)(A) Except as otherwise provided in this section, a landlord shall not 20
terminate a tenancy without cause. 21 BILL AS INTRODUCED H.399
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(B) For purposes of this subsection (f), the expiration of a rental 1
agreement shall not constitute cause for a landlord to terminate a tenancy. 2
(2) A landlord may terminate a tenancy for no cause, if allowed by the 3
rental agreement, within the first three months of a new tenancy. 4
(3)(A) A landlord may terminate a tenancy for no cause if the landlord 5
or a member of the landlord’s immediate family has a good faith intention to 6
occupy the premises. 7
(B) A landlord shall provide the tenant with actual notice of the date 8
on which the tenancy will terminate, which shall be at least six months after 9
the date of the actual notice. 10
(C) As used in this subdivision (3), “immediate family” means: 11
(i) an adult person related by blood, adoption, marriage, or as 12
defined or described in similar law in another jurisdiction; 13
(ii) an unmarried parent of a joint child; 14
(iii) a child, grandchild, foster child, ward, or guardian; or 15
(iv) a child, grandchild, foster child, ward, or guardian of any 16
person listed in subdivision (i) or (ii) of this subdivision (f)(3)(C). 17
(4) A landlord may terminate a tenancy for no cause pursuant to 18
subsection (c) or (e) of this section. 19
(5) A landlord may terminate a tenancy of shared occupancy for no 20
cause pursuant to subsection (h) of this section. 21 BILL AS INTRODUCED H.399
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(6) A landlord may terminate a tenancy in order to comply with a State 1
law or municipal government order that requires the tenant to leave. 2
(g) Conversion to condominium. If the building is being converted to 3
condominiums, notice shall be given in accordance with 27 V.S.A. chapter 15, 4
subchapter 2. 5
(h) Termination of shared occupancy. A rental arrangement whereby a 6
person rents to another individual one or more rooms in his or her the person’s 7
personal residence that includes the shared use of any of the common living 8
spaces, such as the living room, kitchen, or bathroom, may be terminated by 9
either party by providing actual notice to the other of the date the rental 10
agreement shall terminate, which shall be at least 15 days after the date of 11
actual notice if the rent is payable monthly and at least seven days after the 12
date of actual notice if the rent is payable weekly. 13
(i) Multiple Termination date; multiple notices. 14
(1) A landlord shall specifically state a termination date in a notice of 15
termination. 16
(2) All actual notices that are in compliance with this section shall not 17
invalidate any other actual notice and shall be a valid basis for commencing 18
and maintaining an action for possession pursuant to this chapter, 10 V.S.A. 19
chapter 153, 11 V.S.A. chapter 14, or 12 V.S.A. chapter 169, notwithstanding 20
that the notices may be based on different or unrelated grounds, dates of 21 BILL AS INTRODUCED H.399
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termination, or that the notices are sent at different times prior to or during an 1
ejectment action. A landlord may maintain an ejectment action and rely on as 2
many grounds for ejectment as are allowed by law at any time during the 3
eviction process. 4
(j) Payment after termination; effect. 5
(1) A landlord’s acceptance of full or partial rent payment by or on 6
behalf of a tenant after the termination of the tenancy for reasons other than 7
nonpayment of rent or at any time during the ejectment action shall not result 8
in the dismissal of an ejectment action or constitute a waiver of the landlord’s 9
remedies to proceed with an eviction action based on any of the following: 10
(A) the tenant’s breach of the terms of a rental agreement pursuant to 11
subsection (b) of this section; 12
(B) the tenant’s breach of the tenant’s obligations pursuant to 13
subsections 4456(a), (b), and (c) of this title; or 14
(C) for no cause pursuant to subsections (c), (d), (e), and (h) of this 15
section. 16
(2) This subsection shall apply to 10 V.S.A. chapter 153, 11 V.S.A. 17
chapter 14, and 12 V.S.A. chapter 169. 18
(k) Commencement of ejectment action. A notice to terminate a tenancy 19
shall be insufficient to support a judgment of eviction unless the proceeding is 20 BILL AS INTRODUCED H.399
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commenced not later than 60 days from the termination date set forth in the 1
notice. 2
* * * 3
§ 4468b. MAXIMUM INCREASE IN RENT 4
(a) A landlord shall not increase rent during any 12-month period in an 5
amount greater than one percent above the U.S. Consumer Price Index for all 6
Urban Consumers, Housing Component, published by the U.S. Bureau of 7
Labor Statistics in the periodical “Monthly Labor Review and Handbook of 8
Labor Statistics” as established annually by the Department of Housing and 9
Community Development, or five percent, whichever is less. 10
(b) A landlord shall specify in a notice of increase of rent: 11
(1) the amount of the rent increase; 12
(2) the amount of the new rent; and 13
(3) the date on which the increase becomes effective. 14
(c) A landlord shall notify a tenant of an increase in rent not less than 90 15
days prior to the date the increase takes effect. 16
* * * 17
Subchapter 5. Tenant Rights to Purchase Property 18
§ 4476. TENANT RIGHTS TO PURCHASE PROPERTY 19
(a) Notice. 20 BILL AS INTRODUCED H.399
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(1) An owner of a residential rental property that contains three or more 1
dwelling units shall give to each tenant and to the Commissioner of Housing 2
and Community Development notice by certified mail, return receipt 3
requested, of the owner’s intention to sell the property. 4
(2) If a tenant refuses the notice, or it is otherwise undeliverable, the 5
owner shall send the notice by first-class mail to the tenant’s last known 6
mailing address. 7
(3) The notice shall state the following: 8
(A) the owner intends to sell the property; 9
(B) the price, terms, and conditions under which the owner offers the 10
property for sale; 11
(C) a list of the affected tenants; 12
(D) the status of compliance with applicable statutes, rules, and 13
permits, to the owner’s best knowledge, and the reasons for any 14
noncompliance; and 15
(E) that for 45 days following the notice, the owner shall not make a 16
final unconditional acceptance of an offer to purchase the property and that if 17
within the 45 days the owner receives notice pursuant to subsection (c) of this 18
section that a majority of the tenants intend to consider purchase of the 19
property, the owner shall not make a final unconditional acceptance of an offer 20
to purchase the property for an additional 120 days, starting from the 46th day 21 BILL AS INTRODUCED H.399
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following notice, except one from a group representing a majority of the 1
tenants or from a nonprofit corporation approved by a majority of the tenants. 2
(b) Resident intent to negotiate; timetable. 3
(1) The tenants shall have 45 days following notice under subsection (a) 4
of this section to determine whether they intend to consider purchase of the 5
property through a group representing a majority of the tenants or a nonprofit 6
corporation approved by a majority of the tenants. 7
(2) A majority of the tenants is determined by one vote per leasehold, 8
and no tenant shall have more than three votes or 30 percent of the aggregate 9
property vote, whichever is less. 10
(3) During this 45-day period, the owner shall not accept a final 11
unconditional offer to purchase the property. 12
(c) Response to notice; required action. 13
(1) If the owner does not receive notice from the tenants during the 45-14
day period, or if the tenants notify the owner that they do not intend to consider 15
purchase of the property, the owner has no further restrictions regarding sale of 16
the building pursuant to this section. 17
(2) If, during the 45-day period, the owner receives notice in writing that 18
a majority of the tenants intend to consider purchase of the property, then the 19
owner shall: 20 BILL AS INTRODUCED H.399
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(A) not accept a final unconditional offer to purchase from a party 1
other than leaseholders for 120 days following the 45-day period, a total of 165 2
days following the notice from the leaseholders; 3
(B) negotiate in good faith with the group representing a majority of 4
the tenants or a nonprofit corporation approved by a majority of the tenants 5
concerning purchase of the property; 6
(C) consider any offer to purchase from a group representing a 7
majority of the tenants or from a nonprofit corporation approved by a majority 8
of the tenants; and 9
(D) accept an offer from the tenants or nonprofit corporation if the 10
offer: 11
(i) equals or exceeds the appraised value of the property; or 12
(ii) is on substantially equivalent terms and conditions as the best 13
reasonable offer from another third party. 14
(d) Penalties. 15
(1) An owner who sells a property without complying with this section: 16
(A) is liable to the tenants in the aggregate amount of $10,000.00 or 17
50 percent of the gain realized by the owner from the sale, whichever is 18
greater; and 19
(B) commits an unfair practice in trade and commerce in violation of 20
section 2453 of this title. 21 BILL AS INTRODUCED H.399
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(2) The Department of Housing and Community Development may: 1
(A) impose an administrative penalty of not more than $5,000.00 per 2
violation; 3
(B) bring a civil action for damages or injunctive relief, or both; and 4
(C) refer a violation to the Attorney General or State’s Attorney for 5
enforcement pursuant to subdivision (1)(B) of this subsection (d). 6
(e) Exceptions. The provisions of this section do not apply when the sale, 7
transfer, or conveyance of the property occurs through one or more of the 8
following: 9
(1) through a foreclosure sale; 10
(2) to a member of the owner’s family or to a trust for the sole benefit of 11
members of the owner’s family; 12
(3) among the partners who own the property; 13
(4) incidental to financing the building; 14
(5) between joint tenants or tenants in common; 15
(6) pursuant to eminent domain; or 16
(7) pursuant to a municipal tax sale. 17
(f) Requirement for new notice of intent to sell. 18
(1) Subject to subdivision (2) of this subsection, a notice of intent to sell 19
issued pursuant to subsection (a) of this section is valid: 20 BILL AS INTRODUCED H.399
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(A) for a period of one year from the expiration of the 45-day period 1
following the date of the notice; or 2
(B) if the owner has entered into a binding purchase and sale 3
agreement with a group representing a majority of the tenants or a nonprofit 4
corporation approved by a majority of the tenants within one year from the 5
expiration of the 45-day period following the date of the notice until the 6
completion of the sale of the property under the agreement or the expiration of 7
the agreement, whichever is sooner. 8
(2) During the period in which a notice of intent to sell is valid, an 9
owner shall provide a new notice of intent to sell, consistent with the 10
requirements of subsection (a) of this section, prior to making an offer to sell 11
the property or accepting an offer to purchase the property that is either more 12
than five percent below the price for which the property was initially offered 13
for sale or less than five percent above the final written offer from a group 14
representing a majority of the tenants or a nonprofit corporation approved by a 15
majority of the tenants. 16
(g) Good faith. A group representing a majority of the tenants or a 17
nonprofit corporation approved by a majority of the tenants shall negotiate in 18
good faith with the owner for purchase of the property. 19
Sec. 2. 3 V.S.A. § 2478 is added to read: 20
§ 2478. STATE RENTAL HOUSING REGISTRY; HOUSING DATA 21 BILL AS INTRODUCED H.399
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(a) The Department of Housing and Community Development, in 1
coordination with the Division of Fire Safety, the Department of Health, the 2
Enhanced 911 Board, and the Department of Taxes, shall create and maintain a 3
publicly accessible registry of the rental housing in this State that includes a 4
“dwelling unit” as defined in 9 V.S.A. § 4451 and a “short-term rental” as 5
defined in 18 V.S.A. § 4301. 6
(b) The Department of Housing and Community Development shall require 7
for each unit that is registered the following data: 8
(1) the name of the owner or landlord and property manager, if 9
applicable; 10
(2) phone number, email, and mailing address of the landlord and 11
property manager, if applicable; 12
(3) location of the unit and unit number or letter; 13
(4) year built; 14
(5) type of rental unit; 15
(6) number of units in the building; 16
(7) school property account number; 17
(8) accessibility of the unit; 18
(9) number of bedrooms and bathrooms; 19 BILL AS INTRODUCED H.399
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(10) for owners of short-term rentals, the number of whole-unit or 1
partial-unit short-term rentals within the building, or in the case of multiple 2
buildings on a parcel of land, on the entire lot; and 3
(11) any other information the Department deems appropriate. 4
(c) Upon request of the Department of Housing and Community 5
Development, and at least annually, a municipal, district, or other local 6
government entity that operates a rental housing health and safety program that 7
requires registration of a rental housing unit and a fee for inclusion on the 8
registry shall provide to the Department the data for each unit that is required 9
pursuant to subsection (b) of this section. 10
Sec. 3. 3 V.S.A. § 2479 is added to read: 11
§ 2479. RENTAL HOUSING REGISTRATION 12
(a) Except as provided in subsection (c) of this section, an owner of long-13
term rental housing that is subject to 9 V.S.A. chapter 137 shall: 14
(1) file with the Department of Taxes a landlord certificate; and 15
(2) within 30 days after filing the certificate, register with and pay to the 16
Department of Housing and Community Development an annual registration 17
fee of $35.00 per rental unit, unless the owner has within the preceding 18
12 months: 19
(A) registered the unit pursuant to subsection (b) of this section; or 20 BILL AS INTRODUCED H.399
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(B) registered the unit with a municipal, district, or other local 1
government entity that operates a rental housing health and safety program. 2
(b) Except as provided in subsection (c) of this section, an owner of a 3
short-term rental, as defined in 18 V.S.A. § 4301, shall, annually, within 4
30 days after renting a unit, register with and pay to the Department of 5
Housing and Community Development an annual registration fee of $35.00 per 6
rental unit, unless the owner has within the preceding 12 months: 7
(1) registered the unit pursuant to subsection (a) of this section; or 8
(2) registered the unit with a municipal, district, or other local 9
government entity that operates a rental housing health and safety program. 10
(c)(1) An owner of a mobile home lot within a mobile home park who has 11
registered the lot with the Department of Housing and Community 12
Development and who does not own a mobile home on the lot is exempt from 13
registering the lot pursuant to this section. 14
(2) An owner of a mobile home lot within a mobile home park who has 15
registered the lot with the Department and who owns a mobile home on the lot 16
that is available for rent or rented shall register the property with the 17
Department and pay a fee equal to the fee required by subdivision (a)(2) of this 18
section less any fee paid within the previous 12 months pursuant to 10 V.S.A. 19
§ 6254(c). 20 BILL AS INTRODUCED H.399
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(3) An owner of a mobile home who rents the mobile home, whether 1
located in a mobile home park, shall register pursuant to this section. 2
(d) An owner of rental housing who fails to register pursuant to this section 3
shall pay a late registration fee of $150.00 and may be subject to administrative 4
penalties not to exceed $5,000.00 for each violation. 5
Sec. 4. 3 V.S.A. § 2480 is added to read: 6
§ 2480. TENANT’S RIGHTS ADVOCATE 7
(a) The Department of Housing and Community Development shall 8
contract with a nonprofit organization with expertise in tenant’s rights to 9
establish the Office of Tenant’s Rights Advocate. 10
(b) The Office of Tenant’s Rights Advocate shall have the following 11
functions and duties: 12
(1) educate tenants and landlords about their rights and responsibilities 13
and rental housing code requirements; 14
(2) provide information, referrals, and assistance to tenants seeking help 15
with issues arising from an existing or potential landlord-tenant relationship; 16
(3) accept referrals from other organizations to assist individuals with 17
rental housing needs; 18
(4) mediate issues on behalf of and with the authorization of an 19
individual tenant; 20 BILL AS INTRODUCED H.399
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(5) identify, investigate, and resolve complaints on behalf of individual 1
tenants and assist them with filing and pursuit of complaints and appeals; 2
(6) monitor, analyze, and facilitate public comment on the development 3
and implementation of federal, State, and local laws, rules, and policies related 4
to housing; 5
(7) provide technical assistance to tenants intending to purchase 6
property under 9 V.S.A. § 4476; 7
(8) provide legal services to tenants facing eviction; and 8
(9) recommend legislative action as may be appropriate to resolve 9
problems encountered by tenants and landlords. 10
(c) On or before January 15 of each year, the Office of Tenant’s Rights 11
Advocate shall submit a report on the activities, performance, and fiscal 12
accounts of the Office during the preceding calendar year. The report shall be 13
submitted to the House Committee on General and Housing and the Senate 14
Committee on Economic Development, Housing and General Affairs. 15
(d) The Office of Tenant’s Rights Advocate may: 16
(1) pursue administrative, judicial, and other remedies on behalf of any 17
individual tenant or group of tenants; 18
(2) adopt policies and procedures necessary to carry out the provisions 19
of this chapter; and 20
(3) take any other action necessary to fulfill the purposes of this section. 21 BILL AS INTRODUCED H.399
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(e) All State agencies shall comply with reasonable requests from the 1
Office of Tenant’s Rights Advocate for information and assistance. The 2
Department of Housing and Community Development may adopt rules 3
necessary to ensure the cooperation of State agencies under this section. 4
(f) In the absence of written consent by a complainant or an individual 5
using the services of the Office or by a complainant’s or individual’s guardian 6
or legal representative or the absence of a court order, the Office of Tenant’s 7
Rights Advocate, its employees, and its contractors shall not disclose the 8
identity of the complainant or individual. 9
(g) The Office of Tenant’s Rights Advocate, its employees, and its 10
contractors shall take steps necessary to avoid any conflict of interest relating 11
to the performance of their responsibilities under this chapter. For the 12
purposes of this chapter, a conflict of interest exists whenever the Office, its 13
employees, or its contractors or a person affiliated with the Office, its 14
employees, or its contractors: 15
(1) has a direct or indirect interest in the information, referrals, or 16
assistance provided to individuals about obtaining or providing housing 17
services; 18
(2) has a direct ownership interest or investment interest in a place of 19
housing or housing provider; 20 BILL AS INTRODUCED H.399
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(3) is employed by or participating in the management of a place of 1
housing or housing provider; or 2
(4) receives or has the right to receive, directly or indirectly, remuneration 3
under a compensation arrangement with a place of housing or housing 4
provider. 5
Sec. 5. 12 V.S.A. § 4857 is added to read: 6
§ 4857. RIGHT TO COUNSEL 7
(a) The defendant in an action brought under subchapter 3 of this chapter 8
shall have the right to representation by counsel throughout the proceeding. 9
Upon the filing of the complaint, the court shall notify the defendant that the 10
defendant has the right to counsel. If the defendant states that the defendant is 11
unable to pay for counsel, the court shall appoint counsel to be paid by the 12
State or set a hearing for a determination of the defendant’s ability to pay for 13
counsel. 14
(b) In appointing counsel under this section, the court may appoint counsel 15
from the Office of Tenant’s Rights Advocate established in 3 V.S.A. § 2480. 16
Sec. 6. 12 V.S.A. § 4858 is added to read: 17
§ 4858. EXPUNGEMENT 18
(a) A person may file a petition with the court requesting expungement of 19
an eviction proceeding under subchapter 3 of this chapter. The court shall 20 BILL AS INTRODUCED H.399
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provide notice of the petition to the plaintiff landlord at the last known address 1
of the landlord. 2
(b) The court shall grant the petition without hearing if the petitioner and 3
the respondent stipulate to the granting of the petition. The respondent shall 4
file the stipulation with the court, and the court shall issue the petitioner an 5
order of expungement and provide notice of the order in accordance with this 6
section. 7
(c) The court shall grant the petition and order that the eviction history 8
record be expunged if the following conditions are met: 9
(1) at least five years have elapsed since the issuance of the judgement 10
under section 4854 of this title; 11
(2) a subsequent judgement for eviction has not been issued against the 12
individual arising out of a new incident or occurrence since the judgement 13
giving rise to the petition; 14
(3) the person has paid all rent, damages, costs, and reasonable 15
attorney’s fees awarded as part of an eviction proceeding; and 16
(4) the court finds that expungement of the eviction history record 17
serves the interests of justice. 18
(d) Upon entry of an order expunging files and records under this section, 19
the proceedings in the matter shall be considered never to have occurred; all 20
index references thereto shall be deleted; and the participant, the court, and law 21 BILL AS INTRODUCED H.399
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enforcement officers and departments shall reply to any request for 1
information that no record exists with respect to such participant inquiry in any 2
matter. Copies of the order shall be sent to each agency, entity, or official 3
named therein. 4
Sec. 7. TENANT RIGHT TO PURCHASE DOWN PAYMENT 5
ASSISTANCE PROGRAM 6
(a) The sum of $5,000,000.00 is appropriated from the General Fund to the 7
Department of Housing and Community Development to grant to the Vermont 8
Housing and Conservation Board in fiscal year 2026 for the purpose of 9
establishing the Tenant Right to Purchase Down Payment Assistance Program. 10
(b)(1) The Agency shall use the funds appropriated in this section to 11
provide down payment assistance to tenants and nonprofit organizations 12
exercising their right to purchase a residential dwelling under 9 V.S.A. chapter 13
137, subchapter 5. 14
(2) The Agency shall adopt one or more legal mechanisms to ensure that 15
subsequent sales of a home that is subsidized through the Program are limited 16
to income-eligible homebuyers. 17
(c) The Agency may assign its rights under any investment or grant made 18
under this section to the Vermont Housing and Conservation Board or any 19
State agency or nonprofit organization qualifying under 26 U.S.C. § 501(c)(3), 20 BILL AS INTRODUCED H.399
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provided such assignee acknowledges and agrees to comply with the 1
provisions of this section. 2
(d) The Department shall report to the House Committee on General and 3
Housing and the Senate Committee on Economic Development, Housing and 4
General Affairs on the status of the Program annually, on or before January 15, 5
through 2030. 6
Sec. 8. 9 V.S.A. § 4501 is amended to read: 7
§ 4501. DEFINITIONS 8
As used in this chapter: 9
* * * 10
(12)(A) “Harass” means to engage in unwelcome conduct that detracts 11
from, undermines, or interferes with a person’s: 12
(i) use of a place of public accommodation or any of the 13
accommodations, advantages, facilities, or privileges of a place of public 14
accommodation because of the person’s race, creed, color, national origin, 15
citizenship, immigration status, marital status, sex, sexual orientation, gender 16
identity, or disability; or 17
(ii) terms, conditions, privileges, or protections in the sale or rental 18
of a dwelling or other real estate, or in the provision of services or facilities in 19
connection with a dwelling or other real estate, because of the person’s race, 20
sex, sexual orientation, gender identity, age, marital status, religious creed, 21 BILL AS INTRODUCED H.399
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color, national origin, citizenship, immigration status, or disability, or because 1
the person intends to occupy a dwelling with one or more minor children, or 2
because the person is a recipient of public assistance, or because the person is a 3
victim of abuse, sexual assault, or stalking. 4
* * * 5
Sec. 9. 9 V.S.A. § 4502 is amended to read: 6
§ 4502. PUBLIC ACCOMMODATIONS 7
(a) An owner or operator of a place of public accommodation or an agent 8
or employee of such owner or operator shall not, because of the race, creed, 9
color, national origin, citizenship, immigration status, marital status, sex, 10
sexual orientation, or gender identity of any person, refuse, withhold from, or 11
deny to that person any of the accommodations, advantages, facilities, and 12
privileges of the place of public accommodation. 13
* * * 14
Sec. 10. 9 V.S.A. § 4503 is amended to read: 15
§ 4503. UNFAIR HOUSING PRACTICES 16
(a) It shall be unlawful for any person: 17
(1) To refuse to sell or rent, or refuse to negotiate for the sale or rental 18
of, or otherwise make unavailable or deny, a dwelling or other real estate to 19
any person because of the race, sex, sexual orientation, gender identity, age, 20
marital status, religious creed, color, national origin, citizenship, immigration 21 BILL AS INTRODUCED H.399
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status, or disability of a person, or because a person intends to occupy a 1
dwelling with one or more minor children, or because a person is a recipient of 2
public assistance, or because a person is a victim of abuse, sexual assault, or 3
stalking. 4
(2) To discriminate against, or to harass, any person in the terms, 5
conditions, privileges, and protections of the sale or rental of a dwelling or 6
other real estate, or in the provision of services or facilities in connection with 7
a dwelling or other real estate, because of the race, sex, sexual orientation, 8
gender identity, age, marital status, religious creed, color, national origin, 9
citizenship, immigration status, or disability of a person, or because a person 10
intends to occupy a dwelling with one or more minor children, or because a 11
person is a recipient of public assistance, or because a person is a victim of 12
abuse, sexual assault, or stalking. 13
(3) To make, print, or publish, or cause to be made, printed, or published 14
any notice, statement, or advertisement, with respect to the sale or rental of a 15
dwelling or other real estate that indicates any preference, limitation, or 16
discrimination based on race, sex, sexual orientation, gender identity, age, 17
marital status, religious creed, color, national origin, citizenship, immigration 18
status, or disability of a person, or because a person intends to occupy a 19
dwelling with one or more minor children, or because a person is a recipient of 20 BILL AS INTRODUCED H.399
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public assistance, or because a person is a victim of abuse, sexual assault, or 1
stalking. 2
(4) To represent to any person because of the race, sex, sexual 3
orientation, gender identity, age, marital status, religious creed, color, national 4
origin, citizenship, immigration status, or disability of a person, or because a 5
person intends to occupy a dwelling with one or more minor children, or 6
because a person is a recipient of public assistance, or because a person is a 7
victim of abuse, sexual assault, or stalking, that any dwelling or other real 8
estate is not available for inspection, sale, or rental when the dwelling or real 9
estate is in fact so available. 10
* * * 11
(6) To discriminate against any person in the making or purchasing of 12
loans or providing other financial assistance for real-estate-related transactions 13
or in the selling, brokering, or appraising of residential real property, because 14
of the race, sex, sexual orientation, gender identity, age, marital status, 15
religious creed, color, national origin, citizenship, immigration status, or 16
disability of a person, or because a person intends to occupy a dwelling with 17
one or more minor children, or because a person is a recipient of public 18
assistance, or because a person is a victim of abuse, sexual assault, or stalking. 19
(7) To engage in blockbusting practices, for profit, which may include 20
inducing or attempting to induce a person to sell or rent a dwelling by 21 BILL AS INTRODUCED H.399
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representations regarding the entry into the neighborhood of a person or 1
persons of a particular race, sex, sexual orientation, gender identity, age, 2
marital status, religious creed, color, national origin, citizenship, immigration 3
status, or disability of a person, or because a person intends to occupy a 4
dwelling with one or more minor children, or because a person is a recipient of 5
public assistance, or because a person is a victim of abuse, sexual assault, or 6
stalking. 7
(8) To deny any person access to or membership or participation in any 8
multiple listing service, real estate brokers’ organization, or other service, 9
organization, or facility relating to the business of selling or renting dwellings, 10
or to discriminate against any person in the terms or conditions of such access, 11
membership, or participation, on account of race, sex, sexual orientation, 12
gender identity, age, marital status, religious creed, color, national origin, 13
citizenship, immigration status, or disability of a person, or because a person is 14
a recipient of public assistance, or because a person is a victim of abuse, sexual 15
assault, or stalking. 16
* * * 17
(12) To discriminate in land use decisions or in the permitting of 18
housing because of race, sex, sexual orientation, gender identity, age, marital 19
status, religious creed, color, national origin, citizenship, immigration status, 20
disability, the presence of one or more minor children, income, or because of 21 BILL AS INTRODUCED H.399
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the receipt of public assistance, or because a person is a victim of abuse, sexual 1
assault, or stalking, except as otherwise provided by law. 2
* * * 3
(d) The provisions of subsection (a) of this section with respect to 4
discrimination in the sales and rentals of dwellings on the basis of citizenship 5
or immigration status shall not preclude the verification of immigration status 6
if required by federal law. 7
Sec. 11. APPROPRIATION 8
The sum of $4,000,000.00 is appropriated from the General Fund to the 9
Department of Housing and Community Development in fiscal year 2026, 10
$2,000,000.00 of which shall be used to fund the Office of Tenant’s Rights 11
Advocate established in 3 V.S.A. § 2480 and $2,000,000.00 of which shall be 12
used for legal services through the Office of Tenant’s Rights Advocate. 13
Sec. 12. EFFECTIVE DATE 14
This act shall take effect on July 1, 2025. 15