Category Archives: housing inequality

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

affordable housing, Disparate Impact, Economic Inequality, housing crisis, housing inequality, rental housing market, renters

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.

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:

Fair Housing Friday: “Is Building More the Cure?”

affirmatively furthering fair housing, affordable housing, April Fair Housing Month, April Fair Housing Month, Chittenden County, fair housing, fair housing fridays, Fair Housing Month, housing inequality, , ,

Our last #FairHousingFriday of Fair Housing Month 2022 left us with a lot to consider. Featuring Bor Yang, Executive Director of the VT Human Rights Commission; Owiso Makuku, CEO of Main Street Landing and VT Affordable Housing Coalition Steering Committee Member; and Elizabeth Bridgewater, Executive Director of Windham & Windsor Housing Trust, we discussed how relying on development alone won’t ensure housing opportunities for the communities with the greatest housing needs in Vermont. This conversation highlighted how housing opportunities are not equally accessible to all low-income Vermonters and presenters shared tools and policy ideas that could be considered to ensure housing equity and housing opportunities for our most vulnerable Vermonters

We heard from panelists about how climate migration – still lead predominately by people with the resources to move- is already impacting housing opportunities for potential first-time home buyers across the state, especially in Southern Vermont. We also heard about how employers are taking on the burden of finding housing for their employees in an effort to meet their workforce needs. Of the tools listed to further equitable housing opportunities, panelists pointed to zoning reforms like inclusionary zoning policies, critical looks at minimum lot sizes and how that curbs what kind of housing is developed, and allowing for more multi-family housing such as duplexed, triplexes, and larger apartment developments. Also highlighted was the need to modernize municipal bylaws that could inadvertently be posing barriers to developing in communities across Vermont.

Unfortunately, audience members are left with the knowledge that often it is the vocal minority that gets in the way of developing new affordable housing, and that housing discrimination continues to impact communities of color, new Americans, folks with disabilities, and renters with children on a wide scale. And discrimination is challenging to track as it is so hard to report, and those with the greatest housing needs may not know their rights, but often are so taxed by trying to meet their own housing needs that they are unable to report the discrimination they face. We are left with the with the responsibility to mobilize in our own communities to consider our regional housing equity gaps, and advocate for policies that not only encourage more housing development, but ensures that housing meets the needs of our community members who are most often overlooked and left behind from the housing conversation.

If you missed it, find the full recording below: 

Resources shared as a part of this Fair Housing Friday:

To learn more about Fair Housing Month and upcoming activities: https://fairhousingmonthvt.org/

To learn more and get help: https://www.cvoeo.org/get-help/fair-housing-and-discrimination

Our free Vermont Tenants workshops:
https://www.cvoeo.org/get-help/vermont-tenants-rights-and-resources

More information about the Human Rights Commission:
https://hrc.vermont.gov/

Vermont Housing Finance Agency on Home Ownership for BIPOC Vermonters https://vhfa.org/news/blog/future-strategies-promote-homeownership-opportunity-bipoc-vermonters

Vermont Housing Finance Agency on Understanding VT’s Vacant Homes: https://vhfa.org/news/blog/future-strategies-promote-homeownership-opportunity-bipoc-vermonters

Bylaw Mondernization Grants : https://accd.vermont.gov/content/bylaw-modernization-grants

Conversation with Elizabeth Bridgewater and Gus Seelig Addressing the Roots of Our Current Housing Crisis : https://vtdigger.org/2022/04/17/vermont-conversation-the-roots-and-way-out-of-vermonts-housing-crisis/

Stay tuned for our Fair Housing Month wrap up, and remember, these conversation MUST continue throughout the year. Thank you for joining us, and please stay in touch.

Fair Housing Friday: “Unique Challenges and Opportunities of Mobile Home Parks”

affirmatively furthering fair housing, affordable housing, April Fair Housing Month, April Fair Housing Month, Chittenden County, fair housing, fair housing fridays, Fair Housing Month, housing inequality, , ,

Our second #FairHousingFriday of the month was a fantastic hit! Hosted by Nate Lantieri of CVOEO’s Mobile Home Program, panelists included Kelly Hamshaw, Senior Lecturer at UVM Dept. of Community Development & Applied Economics; Gayle Pezzo, Board President of Westbury Homeowners Association; and Elise Shanbacker, ED of Addison County Community Trust.

Panelists covered a extensive array of topics in a short amount of time, from the challenges of financing infrastructure updates for mobile home communities, the challenges community members encounter with funding basic park maintenance such a plowing, and the unique ways mobile home communities are impacted by climate change.

We ended on a powerful message from Gayle Pezzo, Board President of the Westbury Homeowners Association in Colchester, VT. Gayle spoke to the ways a mobile home community uniquely met her needs as a retired, single person, and how joining the Westbury Homeowners Association board necessitated a level of civic engagement she did not anticipate as she advocated for her community to access municipal resources. At the conclusion of the conversation, Gayle pointed out the shift in language from “trailer park” to “mobile home community” had a powerful impact on the way mobile home communities are viewed, and her own connection to her neighborhood.

If you missed it, find the full recording below: 

Resources shared as a part of this Fair Housing Friday:

To learn more about Fair Housing Month and upcoming activities: https://fairhousingmonthvt.org/

To learn more and get help: https://www.cvoeo.org/get-help/fair-housing-and-discrimination

Our free Vermont Tenants workshops:
https://www.cvoeo.org/get-help/vermont-tenants-rights-and-resources

Resources available from USDA Rural Development here in Vermont : https://www.rd.usda.gov/vt

More resources for Mobile Home Parks through CVOEO: https://www.cvoeo.org/get-help/mobile-home-park-rights-and-resources

The Cooperative Development Institute (CDI) : https://cdi.coop/

Do NOT Miss Our Final Fair Housing Friday!

Friday, April April 29th 12:30 – 1:30 PM: “Is Building More the Cure?”

In this final Fair Housing Friday for Fair Housing Month, we will discuss how relying on development alone won’t ensure housing opportunities for the communities with the greatest housing needs in Vermont. Featuring Bor Yang, Executive Director of the VT Human Rights Commission; Owiso Makuku, CEO of Main Street Landing and VT Affordable Housing Coalition Steering Committee Member; and Elizabeth Bridgewater, Executive Director of Windham & Windsor Housing Trust.

And coming up this week:

  • Arts So Wonderful Art opening at the South Burlington University Mall! Friday April 29th from 4pm to 7 pm, or alternative dates at request. Read the full Call to Artists here

TONIGHT – Tuesday, April 26th:

Throughout the month of April:

Fair Housing Friday: “Why Aren’t We Building the Housing We Need?”

affirmatively furthering fair housing, affordable housing, April Fair Housing Month, April Fair Housing Month, Chittenden County, fair housing, fair housing fridays, Fair Housing Month, housing inequality, , ,

Our first #FairHousingFriday of the month happened last week! Featuring Katherine “Deac” Decarreau, Executive Director of the Winooski Housing Authority, Nate Besio, Peer Advocate Counselor Coordinator at Vermont Center for Independent Living, Carol Jaramillo, Community Builder Northgate Apartments, and Bhagawat Pudyel from the Financial Futures Community Ambassador Program at CVOEO, this conversation focused on the barriers to housing development, what kind of housing we are building, and why (or why not) the housing we are developing meets the needs of our most vulnerable community members.

In this rich conversation on housing, we heard about barriers our current available housing poses to folks who fall into Fair Housing protected classes, such as families who rent, folks with mobility needs, and New Americans. We also discussed solutions advocates would like to see implemented, like housing opportunities for folks who are recovering from addiction and not yet ready to live independently, and creative affordable housing solutions that fit the unique needs of the neighborhood. We also talked about tools, such as inclusionary zoning, that municipalities, like Burlington, use to incentive affordable housing, but rules that disincentive developing housing that the community needs, such as 3+ bedroom apartments.

Join Us for Our Next Fair Housing Fridays!

If you missed it last weeks’, you can find our full recording below. 

Resources shared as a part of this Fair Housing Friday:

To learn more about Fair Housing Month and upcoming activities: https://fairhousingmonthvt.org/
To learn more and get help: https://www.cvoeo.org/get-help/fair-housing-and-discrimination
A finding housing resource: https://www.housingdata.org/find-rental-housing (you can search specifically for accessible units)

Home Access Grant Program, funding available for reasonable modifications: https://vcil.org/services/home-access-program/

And coming up this week:

Throughout the month of April: