Vermont H 440: An act relating to creating "Green Justice Zones" in Vermont

Bill Text

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VT LEG #381092 v.1
H.440 1
Introduced by Representatives LaMont of Morristown, Berbeco of Winooski, 2
Bos-Lun of Westminster, Carris-Duncan of Whitingham, Casey 3
of Montpelier, Christie of Hartford, Cina of Burlington, Cole of 4
Hartford, Cordes of Bristol, Dodge of Essex, Headrick of 5
Burlington, Logan of Burlington, McCann of Montpelier, 6
McGill of Bridport, Pouech of Hinesburg, Rachelson of 7
Burlington, and Tomlinson of Winooski 8
Referred to Committee on 9
Date: 10
Subject: Commerce and trade; housing; residential rental agreements 11
Statement of purpose of bill as introduced: This bill proposes to clarify when a 12
landlord may terminate a tenancy, provide protection from no cause evictions, 13
and limit any annual increase in residential rents. 14
An act relating to providing protections against no-cause eviction 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 9 V.S.A. chapter 137, subchapter 2 is amended to read: 17
Subchapter 2. Residential Rental Agreements 18
* * * 19

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VT LEG #381092 v.1
§ 4467. TERMINATION OF TENANCY; NOTICE 1
(a) Termination for nonpayment of rent. The landlord may terminate a 2
tenancy for nonpayment of rent by providing actual notice to the tenant of the 3
date on which the tenancy will terminate, which shall be at least 14 days after 4
the date of the actual notice. The rental agreement shall not terminate if the 5
tenant pays or tenders rent due through the end of the rental period in which 6
payment is made or tendered. Acceptance of partial payment of rent shall not 7
constitute a waiver of the landlord’s remedies for nonpayment of rent or an 8
accord and satisfaction for nonpayment of rent. 9
(b) Termination for breach of rental agreement. 10
(1) The landlord may terminate a tenancy for failure of the tenant to 11
comply with a material term of the rental agreement or with obligations 12
imposed under this chapter by actual notice given to the tenant at least 30 days 13
prior to the termination date specified in the notice. 14
(2) When termination is based on criminal activity, illegal drug activity, 15
or acts of violence, any of which threaten the health or safety of other 16
residents, the landlord may terminate the tenancy by providing actual notice to 17
the tenant of the date on which the tenancy will terminate, which shall be at 18
least 14 days from the date of the actual notice. 19
(c) Termination for no cause. In the absence of a written rental agreement, 20
the landlord may terminate a tenancy for no cause as follows: 21

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VT LEG #381092 v.1
(1) If rent is payable on a monthly basis, by providing actual notice to 1
the tenant of the date on which the tenancy will terminate, which shall be A 2
landlord shall not terminate a tenancy unless authorized by this section. A 3
landlord may terminate a tenancy: 4
(A) for tenants who have resided continuously in the same premises 5
for two years or less, at least 60 days after the date of the actual notice 6
nonpayment of rent in accordance with the requirements of subsection (a) of 7
this section; 8
(B) for tenants who have resided continuously in the same premises 9
for more than two years, at least 90 days after the date of the actual notice 10
breach of a rental agreement in accordance with the requirements of subsection 11
(b) of this section; 12
(C) for no cause in accordance with the requirements of this 13
subsection (c); 14
(D) when the property is sold in accordance with the requirements of 15
subsection (d) of this section; or 16
(E) for a shared occupancy in accordance with the requirements of 17
subsection (h) of this section. 18
(2) If rent is payable on a weekly basis, by providing actual notice to the 19
tenant of the date on which the tenancy will terminate, which shall be at least 20

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VT LEG #381092 v.1
21 days after the date of the actual notice A landlord may terminate a tenancy 1
for no cause only in the following circumstances: 2
(A) the rental unit is one of a two-unit or three-unit owner-occupied 3
building; 4
(B) the rental unit requires renovations that exceed 50 percent of the 5
rental unit’s value to become or remain habitable, provided that the tenant shall 6
have the right of first refusal to reoccupy the unit at market rate following 7
renovations; 8
(C) if the landlord or a member of the landlord’s immediate family 9
has a good faith intention to occupy the premises; or 10
(D) if the tenant refuses to accept reasonable, good faith renewal 11
terms when proposed in writing with a reasonable opportunity for the tenant to 12
review and accept the proposed terms. 13
(3) The expiration of a rental agreement shall not constitute cause under 14
this section. 15
(4) In the event a landlord terminates a tenancy for no cause under this 16
subsection, the landlord shall provide: 17
(A) notice