Vermont H 704: An act relating to the Tenant Representation Pilot Program

Bill Text

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VT LEG #385540 v.2
H.704 1
Introduced by Representatives Stevens of Waterbury, Burrows of West 2
Windsor, Cina of Burlington, Cole of Hartford, Dodge of Essex, 3
Duke of Burlington, Howard of Rutland City, LaMont of 4
Morristown, Masland of Thetford, Olson of Starksboro, 5
Rachelson of Burlington, and Tomlinson of Winooski 6
Referred to Committee on 7
Date: 8
Subject: Commerce and trade; housing; landlord tenant; residential rental 9
agreements; Judiciary 10
Statement of purpose of bill as introduced: This bill proposes to extend and 11
expand the Tenant Representation Pilot Program administered by Vermont 12
Legal Aid. 13
An act relating to the Tenant Representation Pilot Program 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 2023 Acts and Resolves No. 47, Sec. 44 is amended to read: 16
Sec. 44. TENANT REPRESENTATION PILOT PROGRAM 17
(a) Creation; purpose. Vermont Legal Aid shall create and administer a 18
two-year Tenant Representation Pilot Program: 19

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(1) to provide full representation to eligible and consenting tenants in 1
Lamoille and Windsor counties Vermont who have been served with a 2
summons and complaint for eviction; and 3
(2) to determine the impact of representation on the issuance of writs of 4
possession and homelessness prevention. 5
(b) Tenant eligibility. Vermont Legal Aid may enter a notice of appearance 6
on behalf of a residential tenant in Lamoille or Windsor County who is served 7
with a summons and complaint in an ejectment action, consents to the 8
representation, and meets the following criteria: 9
(1) household income equals or is less than 120 percent of State area 10
median income; 11
(2) the cost of rent equals or exceeds 30 percent of household income; or 12
(3) household expenses exceed income. 13
(c) Scope of representation. 14
(1) Full representation through the Program is limited to eviction. 15
(2) The pursuit of counterclaims shall be at the discretion of appointed 16
counsel. 17
(d) Conflicts of interest. 18
(1) Vermont Legal Aid may subcontract to Legal Services Vermont if it 19
is unable to provide tenant representation due to a conflict of interest as 20
defined by the Vermont Rules of Professional Conduct. 21

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(2) If Legal Services Vermont also has a conflict of interest, Vermont 1
Legal Aid may subcontract to one or more private counsels who are members 2
in good standing of the Vermont Bar. 3
(e) Report. Vermont Legal Aid shall provide interim reports on the 4
progress of the Program on or before November 15, 2023 November 30, 2025 5
and November 15, 2024 November 30, 2026, and a final report on or before 6
July 30, 2025 July 31, 2027, which shall describe: 7
(1) the number of tenants represented; 8
(2) case outcomes, including: 9
(A) the number of cases fully or partially resolved through access to 10
the Rent Arrears Assistance Fund; 11
(B) the number of cases fully or partially resolved through the 12
Vermont Landlord’s Association mediation program; and 13
(C) the number of cases fully or partially resolved through access to 14
another resource identified through the Rental Housing Stabilization Services 15
Program; and 16
(3) recommendations for policy changes and for pilot expansion. 17
(f) Implementation. The duty to implement this section is contingent upon 18
an appropriation in fiscal year 2024 2025 from the General Fund to the Agency 19
of Human Services for a subgrant to Vermont Legal Aid to provide 20

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representation in eligible eviction cases in the two pilot counties of Lamoille 1
and Windsor beginning on July 1, 2023 November 1, 2024. 2
Sec. 2. TENANT REPRESENTATION PILOT PROGRAM GRANT 3
UPDATE 4
The Agency of Human Services and Vermont Legal Aid shall update 5
existing grant agreements to implement the Tenant Representation Pilot 6
Program amendments under this act. 7
Sec. 3. EFFECTIVE DATE 8
This act shall take effect on passage. 9