Category Archives: affordable housing

Housing Demystified Chapter 3: Affordable Housing in Vermont

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Chapter 1: The Crunch:

– What do we mean when we say “Vermont has a housing crisis?”

Chapter 2: Emergency housing:

–Resources for people who are homeless (including unsafely housed ) or at risk of becoming homeless

Chapter 3: What is affordable housing:

-What options are there for people who need help paying for their housing, but are not currently homeless?

Chapter 4- Avenues for Advocacy

– What can you do about the affordable housing shortage?

Affordable rental housing (public housing), housing subsidies, mobile homes and homeownership programs. 

When we talk about affordable housing, there is often confusion by what we mean. As we covered in Chapter 2 of Housing Demystified, people unfamiliar to the housing advocacy landscape may have some confusion about the difference between emergency housing options – such as shelters – and subsidized housing options, which offer more permanent, subsidized housing solutions. The important thing to remember as you read along is that affordable housing, like emergency housing, can look and be a lot of different things.

What is “affordable housing”?

ffordable housing is generally defined as housing where the resident is paying 30% or less of their household income on housing costs, but even this “rule” is not hard and fast. Most often when we talk about affordable housing, we are referring to subsidized rental housing. But affordable housing may also be “naturally occurring,” or developed privately without federal or state assistance. We will be focusing on intentionally developed affordable housing for this chapter.Some people use “subsidies,” or financial help, to assist in paying their rent. Subsidies can be attached to a particular building, so the “rental unit” or apartment is “subsidized” (project-based vouchers). Housing subsidies may be given to a tenant so that the tenant may use it for a rental of their choice (as is the case with a Housing Choice Voucher). Below we will cover both subsidized rental housing and tenant-based subsidies.

Types of Affordable Housing

Nonprofit Housing Providers: These are nonprofit organizations across Vermont that receive a variety of funding sources – private and public – which allows them to partner with housing developers to create housing*. Many of these programs provide both rental housing and homeownership programs. Almost all affordable housing providers have a significant waitlist, so would not be a place to go if you are currently in a housing crisis. While the map below includes some of the larger housing nonprofits and the regions they serve, you can access a searchable list of all the affordable housing options in Vermont at HousingData.org

*Some affordable housing providers also develop housing. Affordable housing development is complex, almost always is built with multiple funding streams, and are often partnerships between two or more developers and/or funders

  • Eligibility to live in affordable rental housing is determined by income, and affordable housing providers may have different requirements for eligibility.
  • Even within the the category of non-profit affordable rental housing, there are different kinds of housing providers
    • Vermont hosts a few housing trusts, such as Champlain Housing Trust and Windham and Windsor Housing Trust (among others). Housing trust funds are established sources of funding for affordable housing construction created by governments in the United States. Housing developed by housing trusts are permanently affordable.
    • Some affordable housing providers have specialized programs. Of course, there are affordable senior housing providers like Cathedral Square, housing programs for veterans, housing for people in recovery, and for folks with mobility impairments.
    • Even within senior housing, there are options:
      • Independent Living means that while a person may need to live in a community catered to their specialized needs -such as with other people who are 55 and older, or with other people who have assistive devices to move through the world (like wheelchairs, ventilators, or hearing aids), or with other people who have unique mental or emotional needs- they can meet their basic needs on their own. Independent Living facilities mean just that- each renter can choose when they have their meals, how they schedule their day, when they leave and return to their home. They are also responsible for their basic needs, such as keeping their apartment tidy, removing their garbage, preparing their own meals if they aren’t attending group meals, and arranging their own transportation to appointments.
      • Assisted Living describes housing where the resident needs more intensive care, oversight and support. Assisted living facilities can provide nursing care, housekeeping, and prepared meals as needed. Assisted Living housing is more structured than Independent Living, and may have a more rigidity in how a tenant schedules their day.
      • Memory Care facilities are a form of residential long-term care that provides intensive, specialized care for people with memory issues. Communities typically feature secure environments where staff can closely monitor the health of the residents.

Housing subsidies – such as the Housing Choice Voucher (otherwise known as Section 8 Voucher), and more recently the Cares Voucher Program- provide financial support for rental housing that the tenant can choose themselves, providing the rent falls within individual program guidelines and meets housing quality standards. Tenants with housing subsidies can rent from private or non-profit landlords. Most often, one would apply for housing subsidies through their local housing authority or Vermont State Housing Authority. 

  • Vermont Legal Aid has an in-depth, “plain language” description of how housing subsidies work here.
  • It is important to note that in Vermont, our state Fair Housing Protected Classes includes receipt of public assistance. This means that in Vermont, it is illegal to discriminate against folks because they are using a housing subsidy, including Housing Choice Vouchers (or Section 8), to afford their living expenses.

Public Housing Authorities (or PHA) are a form of affordable rental housing, sometimes referred to as “public housing” because they are financed by public funding.  Vermont has 8 regional Housing Authorities in Barre, Bennington, Brattleboro, Burlington, Montpelier, Rutland, Springfield, and Winooski, and one state housing authority. Housing Authorities provide affordable rental housing and Housing Choice (or Section 8) vouchers. Housing Authorities also provide project-based housing vouchers, or vouchers that are tied to specific properties.

How to Get Affordable Housing

Remember, if you or someone you know is at risk of losing housing now, contact your local Community Action Agency (Chapter 2 of Housing Demystified covers Community Action Agencies) or call 2-1-1 after hours or on the weekends

  • Do you already have a  housing agency or a site in mind you would like to work with? Reach out directly to that housing agency to ask about their availability and the length of their waitlist.  Almost all housing agencies have waitlists, so it’s best to apply to several options if your housing needs may become urgent in the near future. 
  • To find affordable rental housing, go to HousingData.org – select the region you are looking for, and on the side column you can select any needs you have for your housing. 
  • Once you have a few options selected, check to see if you meet the eligibility guidelines. You can check to see if you meet their Income Limits by using this HUD Income Limit Checker.  For properties with waitlists, call and ask to get on the waitlist, and ask how long they think it may be (they cannot know for sure). You should also ask if they know of availability at other properties.
  • Many affordable housing sites accept this Common Rental Application. If you are applying to more than one property, it may be helpful to have a few copies filled out in advance.

If you are facing barriers to finding housing, such as a past eviction, no landlord reference, or overcoming a criminal record, CVOEO’s Vermont Tenants’ Finding Housing Class goes over how to navigate these conversations and how to conduct an organized housing search.

Many people face barriers applying for affordable housing

The Finding Housing class may help navigate barriers to finding housing, but you don’t actually walk away from the class with housing options. Housing is limited and hard to find.

You may also notice it’s challenging to find affordable housing in Vermont if you aren’t able to do the following:

  • Speak English
  • Access to the internet, a computer, or a printer
  • Have a phone
  • Have a mailing address
  • Understand and navigate complex eligibility requirements and be an expert at their own income sources (for some people, that can be from a variety of subsidies which may or may not count toward income, including SSI, 3Squares, unemployment, ReachUp, and more)
  • Have the bandwidth to keep track of multiple housing opportunities
  • Understand rights under Fair Housing and Landlord-Tenant Law, and the confidence to enforce them

Still, having access to all those things does not ensure one’s access to housing.  We are in a tight housing market. That means that the people who already face high barriers to housing access and who have historically been denied equal access to housing opportunities have an even harder time getting the housing they need.

Need help finding housing?

So what do you do if you need help looking for housing? It depends on what barriers, or challenges, make it hard to apply for housing. If you have a caseworker, you can ask them what assistance they can offer in your housing search. You can also call 211 to ask what your best option might be. (211 can direct you to other resources as well, such as food, fuel assistance, transportation and more!)

  • Translation Services: Many housing providers offer translation and HUD requires that programs receiving federal funds provide “meaningful access” to Limited English Proficient (LEP) persons. In other words, if you or someone you know needs assistance understanding English to find and apply for housing, housing providers receiving federal funds should be able to offer extra support. And it doesn’t hurt to ask!
  • Disability: Vermont Center for Independent Living (VCIL) can help Vermonters with disabilities access housing, including offering housing support. Remember, disability can be broadly defined an mean a lot of different things. If the ways you think, communicate, process information or move substantially limits your “major life activities,” you should consider accessing resources through VCIL. Major life activities can include accessing housing, job opportunities, and getting meals.
  • Aging: We all age! And as we age, our abilities and needs change. Deciding when you need housing support and what that could look like can be hard. Our seniors came of age with different technologies than the ones we rely on today. Fortunately, Age Well Vermont has a hotline for seniors that you can call to talk about your options. You can call 800 642 5119.
  • Flight from domestic violence: Domestic Violence (DV) Organizations across Vermont support people fleeing domestic violence through their emergency hotlines, emergency housing programs, and assist program participants find stability through assisting with housing applications, cell phone access, clothing donation services, transportation access, legal services and more. 
    • We talked about Domestic Violence organizations as part of our coverage of Emergency Housing in Chapter 2.  
    • The Vermont Network lists DV organizations by county. 
    • In Vermont, the Fair Housing Act (briefly overviewed in Housing Demystified Chapter 1) includes protections for survivors of abuse, sexual assault, or stalking
    • The Violence Against Women Act (VAWA) also offers additional support and protections to survivors of domestic violence. The Violence Against Women Act (VAWA) is a federal law that, in part, provides housing protections for people applying for or living in units subsidized by the federal government and who have experienced domestic violence, dating violence, sexual assault, or stalking, to help keep them safe and reduce their likelihood of experiencing homelessness. Under VAWA, someone who has experienced domestic violence, dating violence, sexual assault, and/or stalking:
      • Cannot be denied admission to or assistance under a HUD-subsidized or assisted unit or program because of the VAWA violence/abuse committed against them.
      • Cannot be evicted from a HUD-subsidized unit nor have their assistance terminated because of the VAWA violence/abuse committed against them.
      • Cannot be denied admission, evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse, such as having an eviction record, criminal history, or bad credit history.
      • Must have the option to stay in their HUD-subsidized housing, even if there has been criminal activity directly related to the VAWA violence/abuse.
      • Can request an emergency transfer from the housing provider for safety reasons related to the VAWA violence/abuse committed against them.
      • Must be allowed to move with continued assistance, if the survivor has a Section 8 Housing Choice Voucher.
      • For more information on VAWA Housing Rights and to access the  Self-certification form (Form HUD-5382), visit here.
    • Remember, anyone can experience domestic violence. DV is a pattern of violence or intimidating behaviors that someone uses to have power and control over an intimate partner. Domestic violence includes physical violence, but also can be emotional, financial or sexual abuse. If you or someone you know is facing unstable housing because of unsafe behaviors of their partner, reach out to one of these organizations.
  • To that end, most emergency housing programs provide assistance and case management to help people shift into stable housing. Of course, as we covered in Chapter 2, to access those resources, most often you must meet HUD’s definition of homeless or at risk of homelessness. That means there is a large population of people who either cannot access those resources without falling into a more precarious situation than they are already in, or they cannot access those resources because of the stigma associated with the term “homeless.”

Affordable Homeownership

Vermont has various not-for-profit groups that help guide prospective homebuyers through the homeownership process. These groups provide classes and educational support on topics like home purchase budgeting, foreclosure prevention and mobile home repair.

NeighborWorks Alliance of Vermont

For the most part, these groups are a part of the NeighborWorks Alliance of Vermont. NeighborWorks is a national organization that provides resources, trainings, and networking to Vermont’s five regional homeownership organizations. You will notice that some of the same affordable rental housing providers also provide home ownership assistance, but not all do. Some offer special programs to support people traditionally excluded from housing opportunities, such as Champlain Housing Trust’s Home Ownership Equity Program for Black, Indigenous and People of Color (BIPOC), and Vermont Housing and Finance Agency (VHFA)’s First Generation Homebuyer Program.

Statewide Homeownership Programs

There are several organizations serving the full state of Vermont which offer home buying support.

  • Vermont Housing and Finance Agency (VHFA): Vermont Housing and Finance Agency, or VHFA, provides homebuyer programs, including down payment and closing cost assistance. VHFA works with individuals and banks to help people within a certain income bracket purchase their home with fixed interests rates and sometimes down payment assistance. They have several unique mortgage loan programs targeting specific potential home buyers. Prospective home buyers access these programs through one of the banks that VHFA partners with.
  • U.S. Department of Agriculture Rural Housing (USDA): The U.S. Department of Agriculture Rural Housing program of Vermont also provides homebuyer programs, but specifically in rural communities. Rural communities can have unique needs that make affordable housing challenging. For instance, mobile home communities often grant residents the comfort of home ownership, but residents most often are renting the land their home is on, which can make their needs often overlooked when it comes to state housing policies. Rural communities often lack the infrastructure to support housing development, such as sewer systems, and may have limited access to Wi-Fi and cellular service. These barriers are things to consider when we participate in housing advocacy. Tune in for Chapter 4
  • Green Mountain Habitat for Humanity serves Lamoille, Chittenden, Franklin and Grand Isle counties. Habitat for Humanity is an organization people are often most familiar with when we talk about affordable home ownership. That is in part because it is a international organization, and there are fulfilling opportunities to volunteer in the home construction process. But Habitat for Humanity also has a unique housing model in that the people who participate in the Habitat program are asked to participate in building the house. This is referred to as sweat equity. Habitat homebuyers help build their own homes alongside volunteers and pay an affordable mortgage. Despite its name recognition and innovative model, the Green Mountain Habitat for Humanity has a limited scope of work. In 2023, the Green Mountain Habitat for Humanity has 7 projects planned, 5 single family homes and two duplexes.

Affordable Housing Funding

Affordable Housing can have very complex funding structures. The way a housing provider is funded will determine what the housing requirements are for the renter or buyer– that is a part of why affordable housing can have such complicated rules around eligibility. Affordable housing and homeownership programs can be funded by Federal, State, and private funding sources. Nowadays, most affordable housing is developed with a mix of all three.

This brings us to the next piece of the affordable housing landscape- affordable housing funders. As you can see from the chart above, our Vermont housing financiers can be designating funding from Federal, State, or private pots of money.

Vermont’s main affordable housing funding nonprofits are Vermont Housing and Conservation Board, Evernorth Housing, and Vermont Housing and Finance Agency.

  • Vermont Housing and Conservation Board (VHCB): The Vermont Housing and Conservation board is a unique and powerful resource we have here in Vermont. It was established in the 80’s in a direct response to the ways much-needed housing development was often pitted against land and historical preservation. The Vermont Housing and Conservation Trust Fund Act was enacted in June 1987 with the dual goals of creating affordable housing for Vermonters, and conserving and protecting Vermont’s agricultural land, forestland, historic properties, important natural areas, and recreational lands are of primary importance to the economic vitality and quality of life of the State. VHCB continues to allocate State and Federal funds to nonprofits, towns and co-ops.
  • Evernorth Housing: Formerly Housing Vermont, Evernorth Housing now serves communities in New Hampshire and Maine as well as Vermont. Evernorth brings together experienced professional staff to raise capital, invest in and build affordable housing, strengthen the economy, and improve the environment through energy efficiency. They work with community banks and large financial institutions to raise money to finance affordable housing. Here in Vermont, you’ll notice Evernorth often works with our regional affordable housing providers, listed in the section above.
  • Vermont Housing and Finance Agency (VHFA): Established by the state legislature in 1974, VHFA promotes affordable housing opportunities for Vermonters. Each state has a Housing Finance Agency. In addition to their home ownership programs, VHFA administers the Federal Low Income Housing Tax Credit Program (a Federal funding source) and the State Affordable Housing Tax Credit Program (revenue raised through the IRS). VHFA also provides financing, development and management support, subsidy administration and tax credits for approximately 8,800 affordable apartments statewide.

In addition, the USDA department of Rural Development, the Vermont State Housing Authority, and the Department of Housing and Community Development are state agencies responsible for allocated federal money.

In some cases, such as Vermont State Housing Authority, Rural Development, and Agency of Human Services, a tenant may receive a subsidy directly from an organization that finances the development of affordable housing. But in most cases, a tenant or potential homebuyer works with either their regional affordable rental housing provider or their regional home ownership center. Now that we have shared an overview of affordable housing, here is the Vermont Housing Resource Chart, last published by the Vermont State Housing Authority in 2019  (click for details). It’s complex!

Three points of note: Notice the second column lists population served. This describes the specifications of who the housing is served.

Income guidelines: As we now know, income guidelines can be specific, can change over the years, and are often govern by the sources of funding the housing provider receives.

Portability: Recall that some housing subsidies can be travel with the tenant, and some are site-specific, meaning they stay with a unit of a building. In this column, you can see where these vouchers can be used or if they stay with a unit.

Next Up: Housing Advocacy

Affordable housing is complicated! But having a basic understanding of our affordable housing system is important to do the advocacy we urgently need. Don’t get discouraged if this is a lot to take in- it is for everyone, and many of us become more familiar with our regional infrastructure as we engage with our affordable housing network over time.

Stay tuned for the final chapter of Housing Demystified, Chapter 4, to be published this winter, 2023.

Affordable housing is complicated! But having a basic understanding of our affordable housing system is important to do the advocacy we urgently need. Don’t get discouraged if this is a lot to take in- it is for everyone, and many of us become more familiar with our regional infrastructure as we engage with our affordable housing network over time.

Stay tuned for the final chapter of Housing Demystified, Chapter 4, to be published at the end of Summer 2023.

Our “Housing Language”

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As someone who has attended many housing conversations over the past decade, there are many housing-takes I am well acquainted with. If you’re a housing advocate, this is probably true for you, too.

We are all familiar with the proverbial “three legged stool” of affordable housing (capital investments, financial assistance, and supportive services), the plight of housing being siloed from other social service sectors, Vermont’s aging demographics, and smart-growth practices. If one were to create a housing bingo card, terms like “Frannie Mae and Freddie Mac,” “multi-family housing,” and “Act 250″ would surely make it into squares. Combined with our notorious  habit of referring to the numerous housing nonprofits, agencies, and other entities by their acronyms, the world of housing has developed its own language. If you are anyone outside of our insular bubble, however, all this terminology likely requires some translation.

Last year, we shared this post “Housing Committees & Citizen Housing Advocacy.  Our intent for the guide was to encourage participation in local housing committees by everyday people who can speak to the individual, specific needs of the community members most impacted by our housing shortage. But if we don’t make the “language” of housing more accessible, can we rely on community-driven change by our housing committees and review boards?

Opportunities for community engagement in the policies we implement as towns, cities, and states are in place with the belief that they create avenues for community members to ensure their needs and shared spaces are not steamrolled by national, government policies.

We know that all cities and towns don’t have the same needs, and a single overseeing organization could not possibly know what those needs are. We also know the history of our federal and state governments creating intentionally discriminatory policies with the intent of disinvesting from Black and Brown communities, and segregating their members from white communities. This is to say that existing regulations, like the National Environmental Protection Act, are intended to further our democracy through community participation.

What ends up happening however, as this NYTimes podcast points out, is that the marginalized communities intended to benefit from these policies are not the ones actually using them. It is the people with the privilege of access to these avenues who are most readily able to voice their concerns — people who have the time to do the research and commit to the meetings, the backgrounds to understand the language, access to the meetings space through transportation or technology, familiarity with governance protocols, and the personal interest to “protect” their stakes in their neighborhood. 

In recent years, housing advocates have recognized this pattern. Already, there are creative solutions emerging across Vermont to bring the housing conversation to the people passionate about housing justice, but lacking avenues to make an impact.

Housing for All Summit

The Fair Housing Project joined Vital Communities and Keys to the Valley for the  recent Homes for All Summit, a conversation on how to meet the housing needs of the Upper Valley Region of Vermont. 

Together, we discussed housing solutions, projects, and challenges Upper Valley communities are facing. John Haffner, manager of Vital Communities Housing and Transportation program, emphasized the need to change our vernacular when we talk about housing and communities in Vermont’s more rural spaces. 

Two photos from the Upper Valley region appeared on Haffner’s screen. To the left, an idyllic single-family house with a red barn, surrounded by rolling pastures and foliage-adorned hills. To the right positioned a black and white photo of a bustling city center, complete with front-facing businesses, topped by apartment rentals and connected by walkable roads.

From the Housing for All Summit, Haffner illustrates how historical city centers depict contemporary housing values

 

Haffner argued that not everyone can live in the single family home, abutted by the red barn and rolling pastures that comes up when you google “Vermont Upper Valley,” as he revealed was the case with the Norwich-based photo on the left. However, dense, walkable town-centers are just as much a part of Vermont’s historical “character.” The right-hand photograph Haffner reveals as Lebanon town from the early 1900’s, ironically encompassing our new urban ideals over a hundred years past. The strongest resistance to building the housing we need is often in the name of preserving the character of our communities. But character becomes distilled into a series of images that may not actually represent the true diversity of our Vermont neighborhoods. Housing advocates are charged with shifting our shared perception of what it looks like to live in the Upper Valley region of Vermont. 

In Burlington, the Department of City Planning Brings the Housing Conversation to the Community

Up in the Chittenden County region of our state, housing advocates deal with distinctly different housing needs, but are facing a similar problem: community resistance to building in their neighborhoods. Can you shift the way a community thinks about their current housing landscape, its history, and its future over a series of public forums?

Burlington’s Department of City Planning is responding to Vermont’s most acute housing shortage, where recent vacancy rates have dropped to 0.4% for rental housing overall, and as little as 0% for three bedroom apartments. One of the zoning blocks they are charged with reviewing is the South End, the Pine Street corridor which includes Burlington’s Arts District.

City Planning staff members Meagan Tuttle and Charles Dillard are tiptoeing in delicate territory, however. With the area only recently formally recognized by the city in 2010 as the Arts District, artists have been organizing in the remains of Burlington’s manufacturing companies for over 30 years. Artists are credited with revitalizing a part of town zoned only for manufacturing, and bringing some of the “funky personality” that we associate with Burlington today. But in 2015 when Burlington proposed housing in that area, the businesses and artists organized against it with some success. Today, under the guidance of Tuttle and Dillard, the rezoning proposal looks a little different. They have identified what is termed the “Innovation District,” a small parcel of land near the Arts District that would benefit the community with more housing. 

The Planning Department of Burlington was cautious and strategic in how they engaged the community around this potential change to regional zoning. A series of interactive Q&A’s allowed residents to ask questions about the proposed change, and to voice their needs for the community, including an interactive map which people could add notes to. The team was a frequent visitor at the Farmers Market, a well-attended community event that takes place in the Arts District. 

Is it possible to talk about zoning, but make it fun?

At the start of last month, the Burlington Department of Planning hosted a trivia night at Burlington Beer company. The audience was an even split of housing advocates, curious for “fun” ways to consider housing policies, and patrons, entertained by the prospect of trivia while enjoying a drink. Surely, there has never been a moment in Vermont’s history where the conversation of zoning was accompanied by so much laughter. Hosts asked questions like, “how many units are in each building?” showing an array of “charming” homes that had been subdivided into multi-family housing. Between questions that invited audiences to reflect on the history of Burlington’s housing policies, moderators encouraged the audience to reflect on how different neighborhoods in Burlington were more or less inclusive. “As we play this game, think about how Vermont has both one of the oldest housing stocks in the country, and continues to be one of the whitest states in the country.”


Noteworthy in the outreach methods of Burlington’s Office of City Planning is their visual iconography. If one is asked to draw a picture representing “home” (as we often prompt Fair Housing Month participants to do at CVOEO’s Fair Housing Project), most of the time, it is depicted as the iconic square topped by a triangle. This is true even if the artist themselves does not live in a place represented as such, with the exception being when participants are invited to consider home from a deeper, more personal lens, as with this Bent Northrop Fair Housing Month submission. Burlington’s City Planners know that the iconic “single-family” two bedroom house is not what most Burlington community members live in, and so they hired local artist Jodi Whalen to depict the specific, unique architecture of buildings in Burlington. Whalen’s drawings include some of the quirky apartments featured in the trivia slides- which appear as a single home, but pack extra apartments in the back – as well as the newer, high-density builds that are cropping up in the city today. We reached out to Whalen to hear more about the process of creating the illustrations.

Office of City Planning hires local illustrator to depict a wide variety of Burlington homes
Office of City Planning hires local illustrator to depict a wide variety of Burlington homes

I moved to Burlington from Pennsylvania in 1991, and have lived in the Old North End, Downtown, the New North End, and the South End. I love not just the unique architecture of the city, but also the way people make their houses their homes. I love to ride my bike around town to catch glimpses of porch gardens, little free libraries, sunflowers in green belts, and other touches that bring these old homes new life. In my illustrations, I like to add whimsical colors and patterns to add even more of the fun Burlington spirit to the homes.

-Jodi Whalen, on her illustrations for the City of Burlington Department of Planning

This is just a taste of some of the creative approaches to shift our housing “vernacular” as towns, cities, and a state. Tune into our Vermont Housing Conference post for highlights on other creative takes to inviting more community members into the housing conversation!

 

 

 

 

The Debate Around the Legality of Fees During the Rental Application Process

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A consideration of the issue and the resources available for renters

Illustration by Natalie Williams/VTDigger

You may have seen this recent VTDigger article, which highlights the illegal practice of collecting rental application fees and the uncertainty created by vague wording in Vermont law around what constitutes an “application fee.” Under Vermont state law, rental application fees are clearly illegal. But are other fees related to the rental application process illegal too? According to Vermont Legal Aid, the answer is clearly yes; according to the Vermont Landlord Association, the answer is clearly no.

This blog post is intended to clarify some of the context around the issue and provide resources for renters who are trying to secure housing in this uncertain environment.

The Definitive Guide to Renting in Vermont, published in 2015 by CVOEO’s Vermont Tenants Program in collaboration with the Vermont Landlord Association, states that application fees are not legal, but that “charging potential renters for the actual cost of background and credit checks is permitted.”

This is a stance Vermont Tenants has maintained since the guide was written. Vermont Tenants cannot present a stronger position on the debate until a legal precedent is set. As a service and education organization (rather than a legal one), we don’t have the tools or the credentials to interpret the legislative intent of the statute – that is for the lawyers.

Meanwhile, even with the interpretation that the actual cost of credit and background check fees are permitted, it is likely that fees are collected for credit and background checks that don’t happen. In this rental housing market with the lowest vacancy rate we’ve seen in many years and a high number of applicants for every available apartment, if a landlord is charging all applicants the credit and background check fees, it is highly unlikely that all of these checks are actually being run. And if landlords are running the checks for all applications submitted, this practice is wasteful and impractical in a market where hundreds of applications are submitted for any single unit.

In the meantime, it is the lowest-income Vermonters who are most negatively impacted

Unfortunately, in this confusion, the people most impacted are the lowest-income Vermonters. A competitive rental market means that even slight disadvantages can pose real barriers to renting for those pinched hardest by the housing crisis, and discrimination is harder to prove. Leaving the decision up to the renter on whether or not they choose to speak up about their rights and refuse to pay a rental application fee or file a complaint will negatively impact the people already most vulnerable in their housing search. As VTDigger reports, the charging of any kind of fee to apply for housing will continue to prevent many people from submitting enough applications to actually get access to the housing they need. This is a systemic problem that could be addressed by clarity in statute – and better enforcement.a variety of illustrated apartments, apartment buildings and houses

What can we do?

One solution some tenant advocates propose to renters in their housing search is to pull their own credit check report and offer to share the report with each potential landlord. Another solution offered is for prospective tenants to ask for a copy of their credit report after the landlord pulls it. Of course, this still puts the tenant in a vulnerable position, and some may not want to jeopardize their relationship with a potential landlord.

Although the law is very clear that rental application fees are illegal in Vermont, the practice is still common. One contributing factor is the third-party application platforms used by many larger rental companies which don’t allow customization to the forms. Some housing providers, report that the software they rely on doesn’t allow them to change the language from “application fee” to “credit check” fee. Not every renter is aware of the laws around rental application fees, and even those who do know may be hesitant to assert their rights with such stringent competition for rental units. 

Some renters have found remedy by contacting the state Attorney General’s Consumer Assistance Program. If Vermonters are unjustly charged an application fee (worded as such), they may be able to recoup their costs by filing a complaint through the Attorney General. According to VTDigger, some rental companies stopped charging rental application fees after receiving several complaints through the program. Landlords can choose to include the cost of background checks and credit checks in their overall business operating expenses, and adjust their rent accordingly. 

9 V.S.A. § 4456a “Residential rental application fees; prohibited says “A landlord or a landlord’s agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit. This section shall not be construed to prohibit a person from charging a fee to a person in order to apply to rent commercial or nonresidential property. (Added 1999, No. 115 (Adj. Sess.), § 5.)

Resources for renters

CVOEO has supports available for renters with questions about their rights and responsibilities under landlord-tenant law. For renters seeking support finding housing, working through barriers to renting, and developing application materials, the Finding Housing workshop – offered both as live Zoom classes and a self-paced, on-demand workshop – is a great resource. For renters seeking to repair their credit, to better understand their finances, or needing one-on-one financial coaching, CVOEO’s Financial Futures program has free educational opportunities as well. For people who are currently without housing or at risk of loosing their housing, CVOEO’s Community Action program can assist people with housing navigation, and potentially help with back rent, first month’s rent, security deposits and short-term rental subsidies for eligible applicants. As always, the Vermont Tenant’s Hotline – (802) 864-0099 and vttenants@cvoeo.org – is a resource for people with any questions about their tenancy.

ATTN Vermont Housing Committees: This conference is for you!

affordable housing, housing committee, Inclusive Communities, Municipal and Regional Planning, Vermont, zoning

Limited conference scholarships available for Housing Committee members: Nov. 11 deadline

VHFA’s 2022 Vermont Statewide Housing Conference is Wednesday, Nov. 16 in Burlington. The day includes an exciting lineup of interactive sessions that cover policy tools, community case studies, and strategies for pulling together the pieces needed to solve Vermont’s big housing problems. 

Among the highlights:

  • This year’s theme is “What YOU can do to help solve the housing crisis”
  • Keynote speaker Cornell Professor Sara Bronin will discuss her work on how law and policy can foster more equitable, sustainable, and connected places.
  • The Fair Housing Project of CVOEO is facilitating a special session for local Housing Committees with co-hosts Katie Ballard (Essex/Essex Junction Joint Housing Commission), Eric Durocher (Dover & Wilmington Bi-Town Housing Committee), Saudia Lamont (Lamoille Working Communities Challenge Housing Committee), and Sarah Martel (Thetford Housing Committee).

“Making change at the local level: Housing committee roundtable” will bring together members of housing committees from all over the state to discuss common challenges and opportunities, share innovative practices and policies, and brainstorm ways to collaborate with and learn from each other. This facilitated, attendee-driven session is intended for members of active and developing housing committees (municipal housing commissions, community groups focused on affordable housing, and everything in between). It’s a way to learn from other groups with similar goals, share your successes, and identify solutions to common challenges, such as refinement of mission, funding, cross-sector collaboration, equity and representation, member recruitment, community outreach, affordable housing messaging, and more. Through small group and full group discussion, attendees will gain a better understanding of the breadth and depth of housing committee activities, pinpoint specific and actionable next steps in their communities, and identify gaps in resources, information, and support. The session is facilitated by Jess Hyman of CVOEO with co-hosts from the four different Housing Committees . 

The Housing Committee session is just one of more than a dozen workshops throughout the day that include opportunities to learn about the latest tools and best practices related to housing affordability and inclusivity. And, since making new connections and renewing existing ones are critical to putting ideas into practice, there will be plenty of networking breaks and a late afternoon reception overlooking beautiful Lake Champlain.

Register for the conference here.

The Fair Housing Project has a limited number of full registration scholarships available for housing committee members. To request a scholarship, please email fhp@cvoeo.org with “Conference Scholarship” in the subject line. The request deadline is Friday, Nov. 11. For municipal housing committees and participants who work for housing-related organizations, we ask that you first check to see if your town/city/organization can cover the registration fee.

We’re looking forward to seeing you on the 16th!

And here’s a great resource for Housing Committees: https://housingdata.org/toolbox/steps-for-municipalities/housing-committees

Vermont Racial Justice Housing Jam: Speaker Series Starts Nov. 3

civil rights, Disparate Impact, Event, fair housing, housing, housing discrimination, Housing Inequality, housing inequality, racial justice
Register now for Increasing Racial Justice in Vermont Housing speaker series

A group of Vermont housing organizations is hosting a free four-part series examining how racial inequities impact access to housing in Vermont.

The public speaker series has been developed by Abundant Sun, together with the Vermont Racial Justice Housing Jam, a committee of community members with lived experience and representatives from nonprofit housing organizations. Local, national, and international speakers will address selected topics focused on increasing racial justice and equity in Vermont housing.  The goal of the initiative is to identify actions on policy, programmatic and cultural levels to expand access to affordable housing for all Vermonters.

All sessions are free and open to the public, and will be held via Zoom from 4:30-6pm with presentations followed by discussions (click on each title to register):

The Vermont Racial Justice Housing Jam is coordinated by the Vermont Housing & Conservation Board, working in partnership with Abundant Sun, Champlain Housing Trust, Downstreet Housing & Community Development, RuralEdge, Windham & Windsor Housing Trust, NeighborWorks of Western Vermont, NeighborWorks America, and Vermont Housing Finance Agency, with additional support from the Federal Home Loan Bank of Boston.

VT Student Anti-Racism Network launches 2022 racial equity report

environmental justice, fair housing, finance and race, housing discrimination, housing inequality, Inclusive Communities, racial discrimination, Vermont

VSARN (Vermont Student Anti-Racism Network) launched its Racial Equity Report at a virtual press conference on Monday, Aug. 29. VSARN is a Vermont-wide coalition of high school and college students working to combat racial inequities in the state. 

The cover of the Racial Equity Report, authored by VSARN

The report includes recommendations to improve racial inequities in Vermont, including revising state curricula for schools to be culturally inclusive, anti-racist, and multicultural and prioritizing restorative justice practices in schools.

Monday’s event opened with comments from the report’s authors, Emily Maikoo, Addie Lentzner, and Minelle Sarfo Adu, and illustrator, Isabella Ingegneri – all of whom are Vermont high schoolers or new college students. Also present were Saudia LaMont, a candidate for the Vermont House, and Rep. Michelle Bos-Lun (D-Westminster) who congratulated the authors on their work, commenting that they were working to fill an educational gap in Vermont schools. Rep. Bos-Lun noted that the report includes recommendations that she hopes to incorporate into future legislative efforts in the Vermont House, in particular restorative justice in schools. The event concluded with questions from the audience.

Minelle Sarfo Adu of South Burlington, a freshman at Antioch University and past CVOEO/Thriving Communities intern, spoke about racial discrimination in housing – noting that BIPOC families are much less likely to be homeowners in Vermont and are disproportionately impacted by rapidly rising rents. 

Two of the report’s authors, Addie Lentzner and Emily Maikoo, with report illustrator Isabella Ingegneri, Rep. Michelle Bos-Lun, and Vermont House candidate Saudia LaMont, who all spoke at the launch.

Report highlights

In addition to the recommendations to improve racial inequities in Vermont through changes to policing, criminal legal reform, youth justice efforts, educational curriculum, economic justice, housing equity and supports, healthcare reform, and broad trauma-informed education and anti-bias training, the report includes:

  • A brief history of racism and slavery in Vermont and its impact on housing discrimination, healthcare, and criminal justice.
  • The results of the authors’ survey of students at Mount Anthony Union High School, in Bennington, Vt. Key findings included:
    • 79% of respondents said they dis not get a substantial education on race and racism in elementary school
    • 42% of respondents had experienced microaggressions in interactions with teachers
    • 50% of respondents said that is is hard to live in Vermont because of its lack of diversity
  • Read the full report at the VSARN website

And check out press coverage of the launch at VTDigger and WCAX! 

Assistance animals are not pets

disability, housing inequality, Inclusive Communities, reasonable accommodation

This post was also published as a commentary in VTDigger.

The recent VTDigger article “‘All I have left’: The struggle of seeking shelter with pets” highlighted the challenges of equitable housing access for people with pets and assistance animals.

The Champlain Valley Office of Economic Opportunity’s Fair Housing Project and the Vermont Tenants Hotline receive a lot of questions related to assistance animals from renters and also from housing and service providers around the state. I’m writing to share some information about fair housing rights for people with disabilities, provide resources for anyone experiencing discrimination in their housing, and advocate for a shift in how transitional housing providers accommodate both assistance animals and pets.

First of all, and most importantly, assistance animals are not pets. They are a special class of animal protected under the Fair Housing Act, which includes service animals, companion animals, emotional support animals, and therapy animals. Assistance animals do not need to be specially trained and can be any reasonable animal. This is much broader than public accommodations for service animals under the Americans with Disabilities Act (ADA), which must be trained to do work or perform tasks that are directly related to an individual’s disability.

Anyone with a disability (physical, mental or in recovery from addiction) has the right to request a reasonable accommodation to have an animal that helps the person have full use and enjoyment of their home. The animal may provide assistance, perform tasks or provide emotional support to alleviate a symptom or effect of the person’s disability. There must be a nexus between the disability and the need for the animal. Housing providers can ask for documentation from a medical or service professional, but they cannot ask the nature of the disability.

Housing providers must respond to the requests in a timely fashion and cannot say no to a reasonable accommodation request just because of a “no pet” policy, and charging a fee or a pet deposit for an assistance animal is against the law. Visit the HUD website for information on what constitutes “reasonable.”

There is much legal debate about whether shelters and short-term transitional lodging are covered under the Fair Housing Act, which would allow all types of assistance animals, or just under ADA, which only allows trained service animals. No matter what, motels are always covered under the ADA and must allow service animals.

At CVOEO, we know it is difficult for people who are low-income, people with disabilities, and especially people experiencing homelessness to navigate and afford to have a trained service animal under the ADA. We firmly believe that transitional housing should at minimum follow fair housing rules for assistance animals and ideally allow pets as well. We strongly encourage motels and service providers who are receiving public funds to recognize the critical role animals have in the lives of the people we serve and to foster environments for people — and their animals — to live in safety and with dignity.

More resources and how to get help: