Vermont H 399: An act relating to tenant rights

Bill Text

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VT LEG #380714 v.1
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

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VT LEG #380714 v.1
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

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VT LEG #380714 v.1
(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

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VT LEG #380714 v.1
(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 th