Vermont 2025-2026 Regular Session

Vermont Senate Bill S0091 Compare Versions

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

Old	New	Differences
1	1	BILL AS INTRODUCED S.91
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6	6	S.91 1
7	7	Introduced by Senator Vyhovsky 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Commerce and trade; housing; residential rental agreements; tenant 5
11	11	rights 6
12	12	Statement of purpose of bill as introduced: This bill proposes to provide 7
13	13	protections to tenants by making the charging of a rental application fee an 8
14	14	unfair commercial practice, requiring certain rental agreements to be in 9
15	15	writing, limiting no-cause evictions and annual rent increases, creating a rental 10
16	16	registry, creating the Office of Tenant’s Rights Advocate, providing for the 11
17	17	right to counsel in eviction proceedings and the expungement of eviction 12
18	18	records, and affording tenants the right to receive notice of a landlord’s intent 13
19	19	to sell an apartment building and to negotiate in good faith and purchase the 14
20	20	building with a down payment revolving fund administered by the Vermont 15
21	21	Housing and Conservation Board. The bill also proposes to add citizenship 16
22	22	and immigration status to the existing discrimination prohibitions in public 17
23	23	accommodations and unfair housing practices. 18
24	24	An act relating to tenant rights 19 BILL AS INTRODUCED S.91
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29	29	It is hereby enacted by the General Assembly of the State of Vermont: 1
30	30	Sec. 1. 9 V.S.A. chapter 137 is amended to read: 2
31	31	CHAPTER 137. RESIDENTIAL RENTAL AGREEMENTS 3
32	32	* * * 4
33	33	§ 4454. ATTEMPT TO CIRCUMVENT REQUIRED RENTAL 5
34	34	AGREEMENT TERMS 6
35	35	(a) A landlord shall ensure that a rental agreement with a duration of 12 7
36	36	months or longer is in writing and includes: 8
37	37	(1) identification of the parties involved, including contact information 9
38	38	for the owner and any party responsible for managing the property on the 10
39	39	owner’s behalf; 11
40	40	(2) a description of the property subject to the agreement; 12
41	41	(3) the duration of the agreement, including whether the agreement is 13
42	42	periodic or for a fixed term, with clearly specified start and end dates; 14
43	43	(4) the financial obligations of the tenant, including the amount of rent, 15
44	44	the due date, and the method of payment; 16
45	45	(5) whether there are penalties for late payment of rent, including the 17
46	46	date the penalty becomes effective and the calculation of the penalty amount; 18
47	47	(6) the amount of any security deposit and the conditions under which 19
48	48	part or all of the security deposit may be withheld, in compliance with section 20
49	49	4461 of this title; 21 BILL AS INTRODUCED S.91
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54	54	(7) a description of the responsibility of the parties for maintenance and 1
55	55	repair of the property; 2
56	56	(8) a description of the responsibilities of the parties for the provision of, 3
57	57	and payment for, utilities for the rental unit; 4
58	58	(9) a statement of the rights and responsibilities of the parties to the 5
59	59	agreement; 6
60	60	(10) an accurate statement of the protections against retaliation in 7
61	61	section 4465 of this title; 8
62	62	(11) a statement that a tenant may not be evicted without cause; and 9
63	63	(12) any other disclosure required by law. 10
64	64	(b) No rental agreement shall contain any provision that attempts to 11
65	65	circumvent or circumvents obligations and remedies established by this chapter 12
66	66	and any such provision shall be unenforceable and void. 13
67	67	Subchapter 2. Residential Rental Agreements 14
68	68	* * * 15
69	69	§ 4456a. RESIDENTIAL RENTAL APPLICATION FEES; PROHIBITED 16
70	70	ACTS 17
71	71	(a) A landlord or a landlord’s agent shall not: 18
72	72	(1) charge an application fee to any individual in order to apply to enter 19
73	73	into a rental agreement for a residential dwelling unit; or 20 BILL AS INTRODUCED S.91
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78	78	(2) request the Social Security number of an individual or a member of 1
79	79	an individual’s household in order to apply to enter into a rental agreement for 2
80	80	a residential dwelling unit or to conduct a criminal background or credit check. 3
81	81	(b) As used in this section, an “application fee” includes any fee or charge 4
82	82	associated with a credit check, background check, or third-party processing 5
83	83	payment or any other costs associated with a rental agreement application. 6
84	84	(c) If required during the application process, a landlord or a landlord’s 7
85	85	agent shall accept an original or a copy of any form of government-issued 8
86	86	identification. 9
87	87	(d) This section shall not be construed to prohibit a person from charging a 10
88	88	fee to a person in order to apply to rent commercial or nonresidential property. 11
89	89	(e) A person who violates this section commits an unfair practice in 12
90	90	commerce in violation of section 2453 of this title. 13
91	91	* * * 14
92	92	§ 4467. TERMINATION OF TENANCY; NOTICE 15
93	93	(a) Termination for nonpayment of rent. The landlord may terminate a 16
94	94	tenancy for nonpayment of rent by providing actual notice to the tenant of the 17
95	95	date on which the tenancy will terminate, which shall be at least 14 days after 18
96	96	the date of the actual notice. The rental agreement shall not terminate if the 19
97	97	tenant pays or tenders rent due through the end of the rental period in which 20
98	98	payment is made or tendered. Acceptance of partial payment of rent shall not 21 BILL AS INTRODUCED S.91
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103	103	constitute a waiver of the landlord’s remedies for nonpayment of rent or an 1
104	104	accord and satisfaction for nonpayment of rent. 2
105	105	(b) Termination for breach of rental agreement. 3
106	106	(1) The landlord may terminate a tenancy for failure of the tenant to 4
107	107	comply with a material term of the rental agreement or with obligations 5
108	108	imposed under this chapter by actual notice given to the tenant at least 30 days 6
109	109	prior to the termination date specified in the notice. 7
110	110	(2) When termination is based on criminal activity, illegal drug activity, 8
111	111	or acts of violence, any of which threaten the health or safety of other 9
112	112	residents, the landlord may terminate the tenancy by providing actual notice to 10
113	113	the tenant of the date on which the tenancy will terminate, which shall be at 11
114	114	least 14 days from the date of the actual notice. 12
115	115	(c) Termination for no cause. In the absence of a written rental agreement, 13
116	116	subject to subdivision (3) of this subsection, the landlord may terminate a 14
117	117	tenancy for no cause as follows: 15
118	118	(1) If rent is payable on a monthly basis, by providing actual notice to 16
119	119	the tenant of the date on which the tenancy will terminate, which shall be: 17
120	120	(A) for tenants who have resided continuously in the same premises 18
121	121	for two years or less, at least 60 days after the date of the actual notice; or 19
122	122	(B) for tenants who have resided continuously in the same premises 20
123	123	for more than two years, at least 90 days after the date of the actual notice. 21 BILL AS INTRODUCED S.91
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128	128	(2) If rent is payable on a weekly basis, by providing actual notice to the 1
129	129	tenant of the date on which the tenancy will terminate, which shall be at least 2
130	130	21 days after the date of the actual notice. 3
131	131	(3) This subsection shall apply only in the following circumstances: 4
132	132	(A) the rental unit is one of a two-unit or three-unit owner-occupied 5
133	133	building; or 6
134	134	(B) the rental unit requires renovations that exceed 50 percent of the 7
135	135	rental unit’s value to become or remain habitable, provided that the tenant shall 8
136	136	have the right of first refusal to reoccupy the unit at market rate following 9
137	137	renovations and the tenant had been provided with adequate relocation costs 10
138	138	for the duration of the renovations. 11
139	139	(d) Termination of rental agreement when property is sold. In the absence 12
140	140	of a written rental agreement, a landlord who has contracted to sell the building 13
141	141	may terminate a tenancy by providing actual notice to the tenant of the date on 14
142	142	which the tenancy will terminate, which shall be at least 30 days three months 15
143	143	after the date of the actual notice. 16
144	144	(e) Termination for no cause under terms of written rental agreement. 17
145	145	Subject to subdivision (2) of this subsection: 18
146	146	(1) If there is a written rental agreement, the notice to terminate for no 19
147	147	cause shall be at least 30 days before the end or expiration of the stated term of 20
148	148	the rental agreement if the tenancy has continued for two years or less. The 21 BILL AS INTRODUCED S.91
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153	153	notice to terminate for no cause shall be at least 60 days before the end or 1
154	154	expiration of the term of the rental agreement if the tenancy has continued for 2
155	155	more than two years. If there is a written week-to-week rental agreement, the 3
156	156	notice to terminate for no cause shall be at least seven days; however, a notice 4
157	157	to terminate for nonpayment of rent shall be as provided in subsection (a) of 5
158	158	this section. 6
159	159	(2) This subsection shall apply only in the following circumstances: 7
160	160	(A) the rental unit is one of a two-unit or three-unit owner-occupied 8
161	161	building; or 9
162	162	(B) the rental unit requires renovations that exceed 50 percent of the 10
163	163	rental unit’s value to become or remain habitable, provided that the tenant shall 11
164	164	have the right of first refusal to reoccupy the unit at market rate following 12
165	165	renovations and the tenant had been provided with adequate relocation costs 13
166	166	for the duration of the renovations. 14
167	167	(f) Termination date for no cause prohibited. In all cases, the termination 15
168	168	date shall be specifically stated in the notice. 16
169	169	(1)(A) Except as otherwise provided in this section, a landlord shall not 17
170	170	terminate a tenancy without cause. 18
171	171	(B) For purposes of this subsection (f), the expiration of a rental 19
172	172	agreement shall not constitute cause for a landlord to terminate a tenancy. 20 BILL AS INTRODUCED S.91
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177	177	(2) A landlord may terminate a tenancy for no cause, if allowed by the 1
178	178	rental agreement, within the first three months of a new tenancy. 2
179	179	(3)(A) A landlord may terminate a tenancy for no cause if the landlord 3
180	180	or a member of the landlord’s immediate family has a good faith intention to 4
181	181	occupy the premises. 5
182	182	(B) A landlord shall provide the tenant with actual notice of the date 6
183	183	on which the tenancy will terminate, which shall be at least six months after 7
184	184	the date of the actual notice. 8
185	185	(C) As used in this subdivision (3), “immediate family” means: 9
186	186	(i) an adult person related by blood, adoption, marriage, or as 10
187	187	defined or described in similar law in another jurisdiction; 11
188	188	(ii) an unmarried parent of a joint child; 12
189	189	(iii) a child, grandchild, foster child, ward, or guardian; or 13
190	190	(iv) a child, grandchild, foster child, ward, or guardian of any 14
191	191	person listed in subdivision (i) or (ii) of this subdivision (f)(3)(C). 15
192	192	(4) A landlord may terminate a tenancy for no cause pursuant to 16
193	193	subsection (c) or (e) of this section. 17
194	194	(5) A landlord may terminate a tenancy of shared occupancy for no 18
195	195	cause pursuant to subsection (h) of this section. 19
196	196	(6) A landlord may terminate a tenancy in order to comply with a State 20
197	197	law or municipal government order that requires the tenant to leave. 21 BILL AS INTRODUCED S.91
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202	202	(g) Conversion to condominium. If the building is being converted to 1
203	203	condominiums, notice shall be given in accordance with 27 V.S.A. chapter 15, 2
204	204	subchapter 2. 3
205	205	(h) Termination of shared occupancy. A rental arrangement whereby a 4
206	206	person rents to another individual one or more rooms in his or her the person’s 5
207	207	personal residence that includes the shared use of any of the common living 6
208	208	spaces, such as the living room, kitchen, or bathroom, may be terminated by 7
209	209	either party by providing actual notice to the other of the date the rental 8
210	210	agreement shall terminate, which shall be at least 15 days after the date of 9
211	211	actual notice if the rent is payable monthly and at least seven days after the 10
212	212	date of actual notice if the rent is payable weekly. 11
213	213	(i) Multiple Termination date; multiple notices. 12
214	214	(1) A landlord shall specifically state a termination date in a notice of 13
215	215	termination. 14
216	216	(2) All actual notices that are in compliance with this section shall not 15
217	217	invalidate any other actual notice and shall be a valid basis for commencing 16
218	218	and maintaining an action for possession pursuant to this chapter, 10 V.S.A. 17
219	219	chapter 153, 11 V.S.A. chapter 14, or 12 V.S.A. chapter 169, notwithstanding 18
220	220	that the notices may be based on different or unrelated grounds, dates of 19
221	221	termination, or that the notices are sent at different times prior to or during an 20
222	222	ejectment action. A landlord may maintain an ejectment action and rely on as 21 BILL AS INTRODUCED S.91
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227	227	many grounds for ejectment as are allowed by law at any time during the 1
228	228	eviction process. 2
229	229	(j) Payment after termination; effect. 3
230	230	(1) A landlord’s acceptance of full or partial rent payment by or on 4
231	231	behalf of a tenant after the termination of the tenancy for reasons other than 5
232	232	nonpayment of rent or at any time during the ejectment action shall not result 6
233	233	in the dismissal of an ejectment action or constitute a waiver of the landlord’s 7
234	234	remedies to proceed with an eviction action based on any of the following: 8
235	235	(A) the tenant’s breach of the terms of a rental agreement pursuant to 9
236	236	subsection (b) of this section; 10
237	237	(B) the tenant’s breach of the tenant’s obligations pursuant to 11
238	238	subsections 4456(a), (b), and (c) of this title; or 12
239	239	(C) for no cause pursuant to subsections (c), (d), (e), and (h) of this 13
240	240	section. 14
241	241	(2) This subsection shall apply to 10 V.S.A. chapter 153, 11 V.S.A. 15
242	242	chapter 14, and 12 V.S.A. chapter 169. 16
243	243	(k) Commencement of ejectment action. A notice to terminate a tenancy 17
244	244	shall be insufficient to support a judgment of eviction unless the proceeding is 18
245	245	commenced not later than 60 days from the termination date set forth in the 19
246	246	notice. 20
247	247	* * * 21 BILL AS INTRODUCED S.91
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252	252	§ 4468b. MAXIMUM INCREASE IN RENT 1
253	253	(a) A landlord shall not increase rent during any 12-month period in an 2
254	254	amount greater than one percent above the U.S. Consumer Price Index for all 3
255	255	Urban Consumers, Housing Component, published by the U.S. Bureau of 4
256	256	Labor Statistics in the periodical “Monthly Labor Review and Handbook of 5
257	257	Labor Statistics” as established annually by the Department of Housing and 6
258	258	Community Development, or five percent, whichever is less. 7
259	259	(b) A landlord shall specify in a notice of increase of rent: 8
260	260	(1) the amount of the rent increase; 9
261	261	(2) the amount of the new rent; and 10
262	262	(3) the date on which the increase becomes effective. 11
263	263	(c) A landlord shall notify a tenant of an increase in rent not less than 90 12
264	264	days prior to the date the increase takes effect. 13
265	265	* * * 14
266	266	Subchapter 5. Tenant Rights to Purchase Property 15
267	267	§ 4476. TENANT RIGHTS TO PURCHASE PROPERTY 16
268	268	(a) Notice. 17
269	269	(1) An owner of a residential rental property that contains three or more 18
270	270	dwelling units shall give to each tenant and to the Commissioner of Housing 19
271	271	and Community Development notice by certified mail, return receipt 20
272	272	requested, of the owner’s intention to sell the property. 21 BILL AS INTRODUCED S.91
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277	277	(2) If a tenant refuses the notice, or it is otherwise undeliverable, the 1
278	278	owner shall send the notice by first-class mail to the tenant’s last known 2
279	279	mailing address. 3
280	280	(3) The notice shall state the following: 4
281	281	(A) the owner intends to sell the property; 5
282	282	(B) the price, terms, and conditions under which the owner offers the 6
283	283	property for sale; 7
284	284	(C) a list of the affected tenants; 8
285	285	(D) the status of compliance with applicable statutes, rules, and 9
286	286	permits, to the owner’s best knowledge, and the reasons for any 10
287	287	noncompliance; and 11
288	288	(E) that for 45 days following the notice, the owner shall not make a 12
289	289	final unconditional acceptance of an offer to purchase the property and that if 13
290	290	within the 45 days the owner receives notice pursuant to subsection (c) of this 14
291	291	section that a majority of the tenants intend to consider purchase of the 15
292	292	property, the owner shall not make a final unconditional acceptance of an offer 16
293	293	to purchase the property for an additional 120 days, starting from the 46th day 17
294	294	following notice, except one from a group representing a majority of the 18
295	295	tenants or from a nonprofit corporation approved by a majority of the tenants. 19
296	296	(b) Resident intent to negotiate; timetable. 20 BILL AS INTRODUCED S.91
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301	301	(1) The tenants shall have 45 days following notice under subsection (a) 1
302	302	of this section to determine whether they intend to consider purchase of the 2
303	303	property through a group representing a majority of the tenants or a nonprofit 3
304	304	corporation approved by a majority of the tenants. 4
305	305	(2) A majority of the tenants is determined by one vote per leasehold, 5
306	306	and no tenant shall have more than three votes or 30 percent of the aggregate 6
307	307	property vote, whichever is less. 7
308	308	(3) During this 45-day period, the owner shall not accept a final 8
309	309	unconditional offer to purchase the property. 9
310	310	(c) Response to notice; required action. 10
311	311	(1) If the owner does not receive notice from the tenants during the 45-11
312	312	day period, or if the tenants notify the owner that they do not intend to consider 12
313	313	purchase of the property, the owner has no further restrictions regarding sale of 13
314	314	the building pursuant to this section. 14
315	315	(2) If, during the 45-day period, the owner receives notice in writing that 15
316	316	a majority of the tenants intend to consider purchase of the property, then the 16
317	317	owner shall: 17
318	318	(A) not accept a final unconditional offer to purchase from a party 18
319	319	other than leaseholders for 120 days following the 45-day period, a total of 165 19
320	320	days following the notice from the leaseholders; 20 BILL AS INTRODUCED S.91
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325	325	(B) negotiate in good faith with the group representing a majority of 1
326	326	the tenants or a nonprofit corporation approved by a majority of the tenants 2
327	327	concerning purchase of the property; 3
328	328	(C) consider any offer to purchase from a group representing a 4
329	329	majority of the tenants or from a nonprofit corporation approved by a majority 5
330	330	of the tenants; and 6
331	331	(D) accept an offer from the tenants or nonprofit corporation if the 7
332	332	offer: 8
333	333	(i) equals or exceeds the appraised value of the property; or 9
334	334	(ii) is on substantially equivalent terms and conditions as the best 10
335	335	reasonable offer from another third party. 11
336	336	(d) Penalties. 12
337	337	(1) An owner who sells a property without complying with this section: 13
338	338	(A) is liable to the tenants in the aggregate amount of $10,000.00 or 14
339	339	50 percent of the gain realized by the owner from the sale, whichever is 15
340	340	greater; and 16
341	341	(B) commits an unfair practice in trade and commerce in violation of 17
342	342	section 2453 of this title. 18
343	343	(2) The Department of Housing and Community Development may: 19
344	344	(A) impose an administrative penalty of not more than $5,000.00 per 20
345	345	violation; 21 BILL AS INTRODUCED S.91
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350	350	(B) bring a civil action for damages or injunctive relief, or both; and 1
351	351	(C) refer a violation to the Attorney General or State’s Attorney for 2
352	352	enforcement pursuant to subdivision (1)(B) of this subsection (d). 3
353	353	(e) Exceptions. The provisions of this section do not apply when the sale, 4
354	354	transfer, or conveyance of the property occurs through one or more of the 5
355	355	following: 6
356	356	(1) through a foreclosure sale; 7
357	357	(2) to a member of the owner’s family or to a trust for the sole benefit of 8
358	358	members of the owner’s family; 9
359	359	(3) among the partners who own the property; 10
360	360	(4) incidental to financing the building; 11
361	361	(5) between joint tenants or tenants in common; 12
362	362	(6) pursuant to eminent domain; or 13
363	363	(7) pursuant to a municipal tax sale. 14
364	364	(f) Requirement for new notice of intent to sell. 15
365	365	(1) Subject to subdivision (2) of this subsection, a notice of intent to sell 16
366	366	issued pursuant to subsection (a) of this section is valid: 17
367	367	(A) for a period of one year from the expiration of the 45-day period 18
368	368	following the date of the notice; or 19
369	369	(B) if the owner has entered into a binding purchase and sale 20
370	370	agreement with a group representing a majority of the tenants or a nonprofit 21 BILL AS INTRODUCED S.91
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375	375	corporation approved by a majority of the tenants within one year from the 1
376	376	expiration of the 45-day period following the date of the notice until the 2
377	377	completion of the sale of the property under the agreement or the expiration of 3
378	378	the agreement, whichever is sooner. 4
379	379	(2) During the period in which a notice of intent to sell is valid, an 5
380	380	owner shall provide a new notice of intent to sell, consistent with the 6
381	381	requirements of subsection (a) of this section, prior to making an offer to sell 7
382	382	the property or accepting an offer to purchase the property that is either more 8
383	383	than five percent below the price for which the property was initially offered 9
384	384	for sale or less than five percent above the final written offer from a group 10
385	385	representing a majority of the tenants or a nonprofit corporation approved by a 11
386	386	majority of the tenants. 12
387	387	(g) Good faith. A group representing a majority of the tenants or a 13
388	388	nonprofit corporation approved by a majority of the tenants shall negotiate in 14
389	389	good faith with the owner for purchase of the property. 15
390	390	Sec. 2. 3 V.S.A. § 2478 is added to read: 16
391	391	§ 2478. STATE RENTAL HOUSING REGISTRY; HOUSING DATA 17
392	392	(a) The Department of Housing and Community Development, in 18
393	393	coordination with the Division of Fire Safety, the Department of Health, the 19
394	394	Enhanced 911 Board, and the Department of Taxes, shall create and maintain a 20
395	395	publicly accessible registry of the rental housing in this State that includes a 21 BILL AS INTRODUCED S.91
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400	400	“dwelling unit” as defined in 9 V.S.A. § 4451 and a “short-term rental” as 1
401	401	defined in 18 V.S.A. § 4301. 2
402	402	(b) The Department of Housing and Community Development shall require 3
403	403	for each unit that is registered the following data: 4
404	404	(1) the name of the owner or landlord and property manager, if 5
405	405	applicable; 6
406	406	(2) phone number, email, and mailing address of the landlord and 7
407	407	property manager, if applicable; 8
408	408	(3) location of the unit and unit number or letter; 9
409	409	(4) year built; 10
410	410	(5) type of rental unit; 11
411	411	(6) number of units in the building; 12
412	412	(7) school property account number; 13
413	413	(8) accessibility of the unit; 14
414	414	(9) number of bedrooms and bathrooms; 15
415	415	(10) for owners of short-term rentals, the number of whole-unit or 16
416	416	partial-unit short-term rentals within the building, or in the case of multiple 17
417	417	buildings on a parcel of land, on the entire lot; and 18
418	418	(11) any other information the Department deems appropriate. 19
419	419	(c) Upon request of the Department of Housing and Community 20
420	420	Development, and at least annually, a municipal, district, or other local 21 BILL AS INTRODUCED S.91
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423	423
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425	425	government entity that operates a rental housing health and safety program that 1
426	426	requires registration of a rental housing unit and a fee for inclusion on the 2
427	427	registry shall provide to the Department the data for each unit that is required 3
428	428	pursuant to subsection (b) of this section. 4
429	429	Sec. 3. 3 V.S.A. § 2479 is added to read: 5
430	430	§ 2479. RENTAL HOUSING REGISTRATION 6
431	431	(a) Except as provided in subsection (c) of this section, an owner of long-7
432	432	term rental housing that is subject to 9 V.S.A. chapter 137 shall: 8
433	433	(1) file with the Department of Taxes a landlord certificate; and 9
434	434	(2) within 30 days after filing the certificate, register with and pay to the 10
435	435	Department of Housing and Community Development an annual registration 11
436	436	fee of $35.00 per rental unit, unless the owner has within the preceding 12
437	437	12 months: 13
438	438	(A) registered the unit pursuant to subsection (b) of this section; or 14
439	439	(B) registered the unit with a municipal, district, or other local 15
440	440	government entity that operates a rental housing health and safety program. 16
441	441	(b) Except as provided in subsection (c) of this section, an owner of a 17
442	442	short-term rental, as defined in 18 V.S.A. § 4301, shall, annually, within 18
443	443	30 days after renting a unit, register with and pay to the Department of 19
444	444	Housing and Community Development an annual registration fee of $35.00 per 20
445	445	rental unit, unless the owner has within the preceding 12 months: 21 BILL AS INTRODUCED S.91
446	446	2025 Page 19 of 31
447	447
448	448
449	449	VT LEG #380516 v.1
450	450	(1) registered the unit pursuant to subsection (a) of this section; or 1
451	451	(2) registered the unit with a municipal, district, or other local 2
452	452	government entity that operates a rental housing health and safety program. 3
453	453	(c)(1) An owner of a mobile home lot within a mobile home park who has 4
454	454	registered the lot with the Department of Housing and Community 5
455	455	Development and who does not own a mobile home on the lot is exempt from 6
456	456	registering the lot pursuant to this section. 7
457	457	(2) An owner of a mobile home lot within a mobile home park who has 8
458	458	registered the lot with the Department and who owns a mobile home on the lot 9
459	459	that is available for rent or rented shall register the property with the 10
460	460	Department and pay a fee equal to the fee required by subdivision (a)(2) of this 11
461	461	section less any fee paid within the previous 12 months pursuant to 10 V.S.A. 12
462	462	§ 6254(c). 13
463	463	(3) An owner of a mobile home who rents the mobile home, whether 14
464	464	located in a mobile home park, shall register pursuant to this section. 15
465	465	(d) An owner of rental housing who fails to register pursuant to this section 16
466	466	shall pay a late registration fee of $150.00 and may be subject to administrative 17
467	467	penalties not to exceed $5,000.00 for each violation. 18
468	468	Sec. 4. 3 V.S.A. § 2480 is added to read: 19
469	469	§ 2480. TENANT’S RIGHTS ADVOCATE 20 BILL AS INTRODUCED S.91
470	470	2025 Page 20 of 31
471	471
472	472
473	473	VT LEG #380516 v.1
474	474	(a) The Department of Housing and Community Development shall 1
475	475	contract with a nonprofit organization with expertise in tenant’s rights to 2
476	476	establish the Office of Tenant’s Rights Advocate. 3
477	477	(b) The Office of Tenant’s Rights Advocate shall have the following 4
478	478	functions and duties: 5
479	479	(1) educate tenants and landlords about their rights and responsibilities 6
480	480	and rental housing code requirements; 7
481	481	(2) provide information, referrals, and assistance to tenants seeking help 8
482	482	with issues arising from an existing or potential landlord-tenant relationship; 9
483	483	(3) accept referrals from other organizations to assist individuals with 10
484	484	rental housing needs; 11
485	485	(4) mediate issues on behalf of and with the authorization of an 12
486	486	individual tenant; 13
487	487	(5) identify, investigate, and resolve complaints on behalf of individual 14
488	488	tenants and assist them with filing and pursuit of complaints and appeals; 15
489	489	(6) monitor, analyze, and facilitate public comment on the development 16
490	490	and implementation of federal, State, and local laws, rules, and policies related 17
491	491	to housing; 18
492	492	(7) provide technical assistance to tenants intending to purchase 19
493	493	property under 9 V.S.A. § 4476; 20
494	494	(8) provide legal services to tenants facing eviction; and 21 BILL AS INTRODUCED S.91
495	495	2025 Page 21 of 31
496	496
497	497
498	498	VT LEG #380516 v.1
499	499	(9) recommend legislative action as may be appropriate to resolve 1
500	500	problems encountered by tenants and landlords. 2
501	501	(c) On or before January 15 of each year, the Office of Tenant’s Rights 3
502	502	Advocate shall submit a report on the activities, performance, and fiscal 4
503	503	accounts of the Office during the preceding calendar year. The report shall be 5
504	504	submitted to the House Committee on General and Housing and the Senate 6
505	505	Committee on Economic Development, Housing and General Affairs. 7
506	506	(d) The Office of Tenant’s Rights Advocate may: 8
507	507	(1) pursue administrative, judicial, and other remedies on behalf of any 9
508	508	individual tenant or group of tenants; 10
509	509	(2) adopt policies and procedures necessary to carry out the provisions 11
510	510	of this chapter; and 12
511	511	(3) take any other action necessary to fulfill the purposes of this section. 13
512	512	(e) All State agencies shall comply with reasonable requests from the 14
513	513	Office of Tenant’s Rights Advocate for information and assistance. The 15
514	514	Department of Housing and Community Development may adopt rules 16
515	515	necessary to ensure the cooperation of State agencies under this section. 17
516	516	(f) In the absence of written consent by a complainant or an individual 18
517	517	using the services of the Office or by a complainant’s or individual’s guardian 19
518	518	or legal representative or the absence of a court order, the Office of Tenant’s 20 BILL AS INTRODUCED S.91
519	519	2025 Page 22 of 31
520	520
521	521
522	522	VT LEG #380516 v.1
523	523	Rights Advocate, its employees, and its contractors shall not disclose the 1
524	524	identity of the complainant or individual. 2
525	525	(g) The Office of Tenant’s Rights Advocate, its employees, and its 3
526	526	contractors shall take steps necessary to avoid any conflict of interest relating 4
527	527	to the performance of their responsibilities under this chapter. For the 5
528	528	purposes of this chapter, a conflict of interest exists whenever the Office, its 6
529	529	employees, or its contractors or a person affiliated with the Office, its 7
530	530	employees, or its contractors: 8
531	531	(1) has a direct or indirect interest in the information, referrals, or 9
532	532	assistance provided to individuals about obtaining or providing housing 10
533	533	services; 11
534	534	(2) has a direct ownership interest or investment interest in a place of 12
535	535	housing or housing provider; 13
536	536	(3) is employed by or participating in the management of a place of 14
537	537	housing or housing provider; or 15
538	538	(4) receives or has the right to receive, directly or indirectly, remuneration 16
539	539	under a compensation arrangement with a place of housing or housing 17
540	540	provider. 18
541	541	Sec. 5. 12 V.S.A. § 4857 is added to read: 19
542	542	§ 4857. RIGHT TO COUNSEL 20 BILL AS INTRODUCED S.91
543	543	2025 Page 23 of 31
544	544
545	545
546	546	VT LEG #380516 v.1
547	547	(a) The defendant in an action brought under subchapter 3 of this chapter 1
548	548	shall have the right to representation by counsel throughout the proceeding. 2
549	549	Upon the filing of the complaint, the court shall notify the defendant that the 3
550	550	defendant has the right to counsel. If the defendant states that the defendant is 4
551	551	unable to pay for counsel, the court shall appoint counsel to be paid by the 5
552	552	State or set a hearing for a determination of the defendant’s ability to pay for 6
553	553	counsel. 7
554	554	(b) In appointing counsel under this section, the court may appoint counsel 8
555	555	from the Office of Tenant’s Rights Advocate established in 3 V.S.A. § 2480. 9
556	556	Sec. 6. 12 V.S.A. § 4858 is added to read: 10
557	557	§ 4858. EXPUNGEMENT 11
558	558	(a) A person may file a petition with the court requesting expungement of 12
559	559	an eviction proceeding under subchapter 3 of this chapter. The court shall 13
560	560	provide notice of the petition to the plaintiff landlord at the last known address 14
561	561	of the landlord. 15
562	562	(b) The court shall grant the petition without hearing if the petitioner and 16
563	563	the respondent stipulate to the granting of the petition. The respondent shall 17
564	564	file the stipulation with the court, and the court shall issue the petitioner an 18
565	565	order of expungement and provide notice of the order in accordance with this 19
566	566	section. 20 BILL AS INTRODUCED S.91
567	567	2025 Page 24 of 31
568	568
569	569
570	570	VT LEG #380516 v.1
571	571	(c) The court shall grant the petition and order that the eviction history 1
572	572	record be expunged if the following conditions are met: 2
573	573	(1) at least five years have elapsed since the issuance of the judgement 3
574	574	under section 4854 of this title; 4
575	575	(2) a subsequent judgement for eviction has not been issued against the 5
576	576	individual arising out of a new incident or occurrence since the judgement 6
577	577	giving rise to the petition; 7
578	578	(3) the person has paid all rent, damages, costs, and reasonable 8
579	579	attorney’s fees awarded as part of an eviction proceeding; and 9
580	580	(4) the court finds that expungement of the eviction history record 10
581	581	serves the interests of justice. 11
582	582	(d) Upon entry of an order expunging files and records under this section, 12
583	583	the proceedings in the matter shall be considered never to have occurred; all 13
584	584	index references thereto shall be deleted; and the participant, the court, and law 14
585	585	enforcement officers and departments shall reply to any request for 15
586	586	information that no record exists with respect to such participant inquiry in any 16
587	587	matter. Copies of the order shall be sent to each agency, entity, or official 17
588	588	named therein. 18
589	589	Sec. 7. TENANT RIGHT TO PURCHASE DOWN PAYMENT 19
590	590	ASSISTANCE PROGRAM 20 BILL AS INTRODUCED S.91
591	591	2025 Page 25 of 31
592	592
593	593
594	594	VT LEG #380516 v.1
595	595	(a) The sum of $5,000,000.00 is appropriated from the General Fund to the 1
596	596	Department of Housing and Community Development to grant to the Vermont 2
597	597	Housing and Conservation Board in fiscal year 2026 for the purpose of 3
598	598	establishing the Tenant Right to Purchase Down Payment Assistance Program. 4
599	599	(b)(1) The Agency shall use the funds appropriated in this section to 5
600	600	provide down payment assistance to tenants and nonprofit organizations 6
601	601	exercising their right to purchase a residential dwelling under 9 V.S.A. chapter 7
602	602	137, subchapter 5. 8
603	603	(2) The Agency shall adopt one or more legal mechanisms to ensure that 9
604	604	subsequent sales of a home that is subsidized through the Program are limited 10
605	605	to income-eligible homebuyers. 11
606	606	(c) The Agency may assign its rights under any investment or grant made 12
607	607	under this section to the Vermont Housing and Conservation Board or any 13
608	608	State agency or nonprofit organization qualifying under 26 U.S.C. § 501(c)(3), 14
609	609	provided such assignee acknowledges and agrees to comply with the 15
610	610	provisions of this section. 16
611	611	(d) The Department shall report to the House Committee on General and 17
612	612	Housing and the Senate Committee on Economic Development, Housing and 18
613	613	General Affairs on the status of the Program annually, on or before January 15, 19
614	614	through 2030. 20 BILL AS INTRODUCED S.91
615	615	2025 Page 26 of 31
616	616
617	617
618	618	VT LEG #380516 v.1
619	619	Sec. 8. 9 V.S.A. § 4501 is amended to read: 1
620	620	§ 4501. DEFINITIONS 2
621	621	As used in this chapter: 3
622	622	* * * 4
623	623	(12)(A) “Harass” means to engage in unwelcome conduct that detracts 5
624	624	from, undermines, or interferes with a person’s: 6
625	625	(i) use of a place of public accommodation or any of the 7
626	626	accommodations, advantages, facilities, or privileges of a place of public 8
627	627	accommodation because of the person’s race, creed, color, national origin, 9
628	628	citizenship, immigration status, marital status, sex, sexual orientation, gender 10
629	629	identity, or disability; or 11
630	630	(ii) terms, conditions, privileges, or protections in the sale or rental 12
631	631	of a dwelling or other real estate, or in the provision of services or facilities in 13
632	632	connection with a dwelling or other real estate, because of the person’s race, 14
633	633	sex, sexual orientation, gender identity, age, marital status, religious creed, 15
634	634	color, national origin, citizenship, immigration status, or disability, or because 16
635	635	the person intends to occupy a dwelling with one or more minor children, or 17
636	636	because the person is a recipient of public assistance, or because the person is a 18
637	637	victim of abuse, sexual assault, or stalking. 19
638	638	* * * 20 BILL AS INTRODUCED S.91
639	639	2025 Page 27 of 31
640	640
641	641
642	642	VT LEG #380516 v.1
643	643	Sec. 9. 9 V.S.A. § 4502 is amended to read: 1
644	644	§ 4502. PUBLIC ACCOMMODATIONS 2
645	645	(a) An owner or operator of a place of public accommodation or an agent 3
646	646	or employee of such owner or operator shall not, because of the race, creed, 4
647	647	color, national origin, citizenship, immigration status, marital status, sex, 5
648	648	sexual orientation, or gender identity of any person, refuse, withhold from, or 6
649	649	deny to that person any of the accommodations, advantages, facilities, and 7
650	650	privileges of the place of public accommodation. 8
651	651	* * * 9
652	652	Sec. 10. 9 V.S.A. § 4503 is amended to read: 10
653	653	§ 4503. UNFAIR HOUSING PRACTICES 11
654	654	(a) It shall be unlawful for any person: 12
655	655	(1) To refuse to sell or rent, or refuse to negotiate for the sale or rental 13
656	656	of, or otherwise make unavailable or deny, a dwelling or other real estate to 14
657	657	any person because of the race, sex, sexual orientation, gender identity, age, 15
658	658	marital status, religious creed, color, national origin, citizenship, immigration 16
659	659	status, or disability of a person, or because a person intends to occupy a 17
660	660	dwelling with one or more minor children, or because a person is a recipient of 18
661	661	public assistance, or because a person is a victim of abuse, sexual assault, or 19
662	662	stalking. 20 BILL AS INTRODUCED S.91
663	663	2025 Page 28 of 31
664	664
665	665
666	666	VT LEG #380516 v.1
667	667	(2) To discriminate against, or to harass, any person in the terms, 1
668	668	conditions, privileges, and protections of the sale or rental of a dwelling or 2
669	669	other real estate, or in the provision of services or facilities in connection with 3
670	670	a dwelling or other real estate, because of the race, sex, sexual orientation, 4
671	671	gender identity, age, marital status, religious creed, color, national origin, 5
672	672	citizenship, immigration status, or disability of a person, or because a person 6
673	673	intends to occupy a dwelling with one or more minor children, or because a 7
674	674	person is a recipient of public assistance, or because a person is a victim of 8
675	675	abuse, sexual assault, or stalking. 9
676	676	(3) To make, print, or publish, or cause to be made, printed, or published 10
677	677	any notice, statement, or advertisement, with respect to the sale or rental of a 11
678	678	dwelling or other real estate that indicates any preference, limitation, or 12
679	679	discrimination based on race, sex, sexual orientation, gender identity, age, 13
680	680	marital status, religious creed, color, national origin, citizenship, immigration 14
681	681	status, or disability of a person, or because a person intends to occupy a 15
682	682	dwelling with one or more minor children, or because a person is a recipient of 16
683	683	public assistance, or because a person is a victim of abuse, sexual assault, or 17
684	684	stalking. 18
685	685	(4) To represent to any person because of the race, sex, sexual 19
686	686	orientation, gender identity, age, marital status, religious creed, color, national 20
687	687	origin, citizenship, immigration status, or disability of a person, or because a 21 BILL AS INTRODUCED S.91
688	688	2025 Page 29 of 31
689	689
690	690
691	691	VT LEG #380516 v.1
692	692	person intends to occupy a dwelling with one or more minor children, or 1
693	693	because a person is a recipient of public assistance, or because a person is a 2
694	694	victim of abuse, sexual assault, or stalking, that any dwelling or other real 3
695	695	estate is not available for inspection, sale, or rental when the dwelling or real 4
696	696	estate is in fact so available. 5
697	697	* * * 6
698	698	(6) To discriminate against any person in the making or purchasing of 7
699	699	loans or providing other financial assistance for real-estate-related transactions 8
700	700	or in the selling, brokering, or appraising of residential real property, because 9
701	701	of the race, sex, sexual orientation, gender identity, age, marital status, 10
702	702	religious creed, color, national origin, citizenship, immigration status, or 11
703	703	disability of a person, or because a person intends to occupy a dwelling with 12
704	704	one or more minor children, or because a person is a recipient of public 13
705	705	assistance, or because a person is a victim of abuse, sexual assault, or stalking. 14
706	706	(7) To engage in blockbusting practices, for profit, which may include 15
707	707	inducing or attempting to induce a person to sell or rent a dwelling by 16
708	708	representations regarding the entry into the neighborhood of a person or 17
709	709	persons of a particular race, sex, sexual orientation, gender identity, age, 18
710	710	marital status, religious creed, color, national origin, citizenship, immigration 19
711	711	status, or disability of a person, or because a person intends to occupy a 20
712	712	dwelling with one or more minor children, or because a person is a recipient of 21 BILL AS INTRODUCED S.91
713	713	2025 Page 30 of 31
714	714
715	715
716	716	VT LEG #380516 v.1
717	717	public assistance, or because a person is a victim of abuse, sexual assault, or 1
718	718	stalking. 2
719	719	(8) To deny any person access to or membership or participation in any 3
720	720	multiple listing service, real estate brokers’ organization, or other service, 4
721	721	organization, or facility relating to the business of selling or renting dwellings, 5
722	722	or to discriminate against any person in the terms or conditions of such access, 6
723	723	membership, or participation, on account of race, sex, sexual orientation, 7
724	724	gender identity, age, marital status, religious creed, color, national origin, 8
725	725	citizenship, immigration status, or disability of a person, or because a person is 9
726	726	a recipient of public assistance, or because a person is a victim of abuse, sexual 10
727	727	assault, or stalking. 11
728	728	* * * 12
729	729	(12) To discriminate in land use decisions or in the permitting of 13
730	730	housing because of race, sex, sexual orientation, gender identity, age, marital 14
731	731	status, religious creed, color, national origin, citizenship, immigration status, 15
732	732	disability, the presence of one or more minor children, income, or because of 16
733	733	the receipt of public assistance, or because a person is a victim of abuse, sexual 17
734	734	assault, or stalking, except as otherwise provided by law. 18
735	735	* * * 19
736	736	(d) The provisions of subsection (a) of this section with respect to 20
737	737	discrimination in the sales and rentals of dwellings on the basis of citizenship 21 BILL AS INTRODUCED S.91
738	738	2025 Page 31 of 31
739	739
740	740
741	741	VT LEG #380516 v.1
742	742	or immigration status shall not preclude the verification of immigration status 1
743	743	if required by federal law. 2
744	744	Sec. 11. APPROPRIATION 3
745	745	The sum of $4,000,000.00 is appropriated from the General Fund to the 4
746	746	Department of Housing and Community Development in fiscal year 2026, 5
747	747	$2,000,000.00 of which shall be used to fund the Office of Tenant’s Rights 6
748	748	Advocate established in 3 V.S.A. § 2480 and $2,000,000.00 of which shall be 7
749	749	used for legal services through the Office of Tenant’s Rights Advocate. 8
750	750	Sec. 12. EFFECTIVE DATE 9
751	751	This act shall take effect on July 1, 2025. 10