Category Archives: renters

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.

What does the new CDC Eviction Moratorium Mean for Vermont?

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This Q & A was created by Jessica Radbord, Esq. of Vermont Legal Aid

The CDC issued a new order temporarily halting evictions in counties with substantial levels of COVID transmission. As of Aug. 5, Bennington, Chittenden, Franklin, Grand Isle, Orleans, and Washington counties are covered.  You can find the covered counties on this map: https://covid.cdc.gov/covid-data-tracker/#county-view. 

  • How long does the new eviction moratorium last?

    • Until October 3 at the latest, unless a court strikes it down sooner.

    • If, at any point, a county no longer experiences a substantial rate of transmission, the moratorium will expire 14 days later (unless we return to substantial transmission rates during that 14 day period, and then it kicks back in). 

  • What does the new eviction moratorium do?
    • It bars a landlord from filing an eviction case if the tenant has asserted their rights under the moratorium. It also stays nonpayment eviction cases already filed if the tenant has asserted their rights. 
    • NOTE: If a case or notice of termination is for both nonpayment and breach, the case could still move forward based on the breach. 
  • Does the new eviction moratorium apply to all eviction cases?
    • No. It only applies to evictions for nonpayment of rent for eligible tenants who have asserted their rights.
  • Are all tenants eligible?
    • No. They have to meet the eligibility criteria on the Eviction Protection Declaration Form. The tenant MUST give the form to their landlord to assert their rights to the protection. The tenant should keep a copy of the form.  If there’s already a case pending in court, they should submit a copy to the court. 
      • If the tenant has a case pending in court, the tenant should call Legal Services Vermont/Vermont Legal Aid at 800-889-2047.  When they leave a message, they should say that they have a pending eviction case and their county
    • NOTE: If the tenant is exercising their rights under the moratorium, they are swearing to try to access all forms of rental assistance available. And here in Vermont, that’s VERAP. If the tenant refuses to apply for rental assistance, they should not use the form. They must follow through with applying for VERAP if they are asserting their rights under the moratorium. 
  • Should tenants get legal advice before using the form?
    • Sure, if they want!  Call Legal Services Vermont/Vermont Legal Aid at 800-889-2047.  Leave a message as the intake staff are not taking live calls. It can take up to 7 business days to get a callback because of an extremely high call volume. If a tenant is running up against a deadline, they should indicate in their voicemail what deadline is coming up. The intake staff tries to prioritize callbacks where the person identifies a critical deadline. But for the most part, if the person qualifies based on the simple questions on the form and is willing to apply for VERAP, I don’t see a reason not to use it.

The full text of the new eviction moratorium is here: https://www.cdc.gov/coronavirus/2019-ncov/communication/Signed-CDC-Eviction-Order.pdf. 

NLIHC’s Out of Reach Report tells us what we already know: Vermont has a growing affordability problem – Here’s what we can do about it.

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The recent release of the National Low Income Housing Coalition’s Out of Reach report shows that Vermont has the sixth largest shortfall between the average renter wage and the two-bedroom housing wage. In the Burlington/ South Burlington region, where the 2-bedroom housing wage jumps from the state’s average of $23.68 to $31.31, the housing wage gap is particularly acute. This means that full-time employees living in Burlington and South Burlington have to make $31.31per hour in order not to spend more than 30% of their income on rent. Meanwhile, the average hourly wage for Vermont renters is $13.83.

Source: Housing wages based on HUD fair market rents. NLIHC The Gap 2021 pg 5

“We’ve been in the midst of a chronic affordable housing crisis for many, many years,” Kerrie Lohr of Lamoille Housing Partnership, asserted to VTDigger earlier this week, “This report pretty much shows what we already know to be true, is that housing is out of reach for many of Vermont’s renters.” What housing advocates have been seeking to address over the course of Vermont’s long housing affordability history crisis has become especially acute during this past year. While Vermont’s housing sales spiked 38% this past year, many of these new residents purchased with cash-on-hand, often significantly over the asking price, with sales of million dollar homes almost tripling.

These numbers are particularly concerning when we turn an eye to Vermont’s pattern of racial inequity. This year saw rates of COVID doubling in communities of color, highlighting the disparities in health and economic opportunities for People of Color in Vermont. Nationally, the home ownership rate of White households is 70% to the 41% of Back homeowners, a gap caused and reinforced by a pervasive history of racist housing policies, inequal lending, and lack of meaningful policy change to address this systemic problem. Vermont’s homeownership gap is much larger with only 21% of Black households owning their home compared to 72% of white households. Local student activist (and current Fair Housing Project intern) Minelle Sarfo-Adu spoke to VPR about experiencing this stark disparity in her South Burlington community, “I think I only have two African American friends in the whole — like in all Vermont, that actually own homes,” she said. “Other than that, every other one of my friends actually rents, unless they’re white. All my white friends actually own their homes.”

The severe affordability crisis in Vermont creates an environment where landlords can be more discriminative in who they rent to. For renters who belong to the Fair Housing protected classes and face the greatest barriers to housing access in our state, this means longer and more desperate housing searches. While housing advocates are certain that most discrimination goes unreported, testing performed by the Housing Discrimination Law Project of Vermont Legal Aid indicates that housing providers generally disfavor African American renters, renters of foreign origin, renters with children and renters with disabilities. Reports from the CVOEO Vermont Tenants hotline and housing community forums are riddled with stories of people being turned away from housing because of a housing voucher or for having children (both violations of the Fair Housing Act in Vermont), and of desperate housing decisions such as signing leases before viewing the property or even offering to pay more than the listed monthly rent.

So what do we do about it? 

“Treat the housing emergency like an emergency,” retorts the collective voice of Anne N. Sosin, Mairead O’Reilly, and Maryellen Griffin in their recent VTDigger commentary, “Housing is a Public Health Crisis in Vermont.” Sosin is a policy fellow at the Nelson A. Rockefeller Center at Dartmouth College; O’Reilly is a medical legal partnership attorney at Vermont Legal Aid; and Griffin is a housing attorney at Vermont Legal Aid. Housing activists, policy makers, and the broader population of Vermont need to act now to address this growing problem, they wrote as they shared the major lessons housing advocates have gleaned from this past year of COVID response. Their voice has urgency, as some key opportunities to enhance renter protections have already passed. These key missed advocacy moments include the veto of the Rental Housing Safety Bill and a failure to delay the ending of the State of Emergency – which had expanded shelter space for houseless folks through federal CARES funding – until more rental housing was made available. Some economists and sustainable communities experts caution this trend is only at its early fruition as climate change pushes folks from more geographically vulnerable locations.

Much of what Sosin, O’Reilly, and Griffin called for is still possible. “Mobilize a statewide response,” they stated, noting that these solutions will be unique to the region and therefore require regional solutions. Our Fair Housing Friday panelists this spring noted that creative solutions require broad civic engagement, especially from those most impacted by the growing inequity of available resources. Housing Committees are a critical tool to mobilizing regional solutions to a statewide problem and can jumpstart conversations at the community level. The common thread  running through all these solutions is that they must center the needs of the communities consistently facing the highest barriers to housing.

Eviction vs Termination of Tenancy

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Make sure you know the difference!

When filling a housing application the question is often asked, “Have you ever been evicted?” Landlords ask this question to determine whether or not you will be a risk to them as a tenant. Negative rental information, such as late or missed rental payments and evictions, can have a huge impact on your ability to find rental housing, get a loan, and other opportunities. The impact is even more devastating when the information is wrong or misleading.

Before answering yes, it is important to understand the difference between “eviction” and “termination of tenancy.”

Eviction is the legal procedure used when a landlord wants a tenant to move out of an apartment. A tenant is not “evicted” until the entire court process is completed, a judge issues an order, and the order is delivered to the tenant.

Examples of what IS NOT an eviction:

  • Non-renewal of lease
  • A notice to terminate  with nothing filed in court
  • Any eviction that DOES NOT go through a court process
  • Illegal evictions (for example,  a landlord attempts to remove a tenant by shutting off the utilities, changing the locks, or moving a tenants belongings out)

Sometimes people refer to a non-renewal of a lease as an eviction. Because the language around eviction is unclear, the terminology often gets used interchangeably, sometimes even by reputable news sources.

Some applications ask: “Have you ever been evicted or have any eviction proceedings ever been started against you?”

This can be unclear to applicants. What constitutes “any eviction proceedings”? Termination notice or actually filing a Summons and Complaint in court? Answer yes only if there has been a filing in court that actually starts a legal eviction.

Using the correct terminology around eviction and termination of tenancy is critical to ensuring housing opportunities for ALL renters.

This is particularly important for Vermonters who face high rates of discrimination, who are at greater risk of being illegally evicted and already face barriers to accessing housing in Vermont.

Resources:

For immediate housing needs, call 211.

If you may be at risk of eviction, seek help now. Call Vermont LegalAid 1-800-889-2047 and our Vermont Tenants Hotline (below).

Have housing questions or concerns? Contact the CVOEO Housing Advocacy Team: 

  • VERMONT TENANTS HOTLINE: (802) 864-0099, vttenants@cvoeo.org
  • PREFERRED RENTER CERTIFICATES + CLASSES: www.cvoeo.org/rentright
  • MOBILE HOME PROGRAM HOTLINE: (802) 660-3455 x 204
  • VERAP APPLICATION SUPPORT (Vermont Emergency Rental Assistance Program – mobile home lot rent + utilities: (802) 881-6820
  • FAIR HOUSING PROJECT: Rights & Responsibilities Education, Community planning resources for affordable, inclusive housing, (802) 660-3456 • fhp@cvoeo.org
  • WEBSITE: www.cvoeo.org

The Vermont eviction moratorium expires on July 15, 2021 and the federal CDC eviction moratorium expires July 31. This does not mean that you can be removed from your rental unit right away. You cannot be evicted from your home without a court process. Read more here and contact Vermont Legal Aid for help.

Are you struggling to pay for housing costs due to economic hardship related to the COVID-19 pandemic? You may qualify for help from new assistance programs! If you are a renter, check out the Vermont Emergency Rental Assistance Program (VERAP). If you are a homeowner, click to learn more about the Mortgage Assistance Program (MAP).

Vermont Legal Aid & the Vermont Landlord Association Launch Tenant- Landlord Mediation

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Vermont Legal Aid and the Vermont Landlord Association have launched a Tenant-Landlord Mediation Program. The program is free and open to any landlord and tenant who has disputes that need to be mediated. 

The Tenant-Landlord Mediation Program’s purpose during the eviction moratorium is to help landlords and tenants find solutions to the problems between them. During “mediation,” a neutral third person helps people discuss and try to resolve disputes. Program Information can be found here:  https://www.vtlandlord.com/public_resources.php The program is limited, so apply ASAP

The Landlord-Tenant Mediation Program in Context:

Since the pandemic, a few key resources have emerged to offer tenants additional protections so that they can shelter-in-place during this time when having housing is so critical. The state of Vermont has a ban on evictions through three separate laws or rules: the federal CARES Act, the Vermont Judiciary’s emergency rules, and a state law called S.333 which pauses all evictions since last May until the governor ends the state of emergency. Vermont Legal Aid keeps updates around the eviction moratorium here. 

While the eviction moratorium does not absolve tenants from paying rent, tenants who haven’t been able to pay all or some of their rent are eligible for relief through the Rental Stabilization Program. The Rental Stabilization program is a $25 million program which gives renters and landlords a way to apply for coronavirus relief funds to cover unpaid rent, even if it was from before March of 2020.  Participation in the Rental Stabilization requires communication between tenants and landlords, as both need to apply. We wrote more about the Rental Stabilization Program here.

“This is a way of addressing the tensions between some landlords and tenants- very few have had this issue, almost 4,000 pairs have applied and received funds,”

Wendy Morgan, an attorney at Vermont Legal Aid, speaking to the Landlord-Tenant Mediation Program

Sometimes issues other than money get in the way of landlord/tenant relationships- that’s where the mediation program comes in. The Tenant-Landlord Mediation Program is a way to help address these more complicated problems. Wendy Morgan, an attorney at Vermont Legal Aid, tells us the program builds on the larger goal initiated by the Rental Housing Stabilization Program to keep people housed during the pandemic. “This is a way of addressing the tensions between some landlords and tenants- very few have had this issue, almost 4,000 pairs have applied and received funds,” Wendy told the Fair Housing Project.

Angela Zaikowski, Director Vermont Landlords Association, adds, “In an attempt to be mindful that there are situations that are not working for landlords and tenants, this mediation program hopes to provide an outlet for some of the disputes between landlords and tenants.  It is a path for the parties to take advantage of given that the normal process through the courts is not available right now.”

Applicants for the Landlord-Tenant Mediation Program do not have to be a partof the Rental Stabilization program, but both the landlord and tenant have to apply.

These programs are developing rapidly and can be hard to keep track of. If you are a tenant and you are unsure if you are eligible for any of these programs, if you have concerns with your current tenancy, or you need help applying to any of these programs always feel free to call our

Vermont Tenants Hotline (802) 864-0099

A Message from Vermont Legal Aid and Legal Services Vermont: During these difficult times, new financial help programs are available to many Vermonters. The state does not want people to be struggling to pay bills, so please apply, even if you don’t usually get public help. Vermont Legal Aid has more information on these programs on our website: https://vtlawhelp.org/.

1.     Help with past-due rent Apply by Dec. 11

For help with past-due rent, Vermonters should apply for the Rental Housing Stabilization Program through the Vermont State Housing Authority (VSHA.org). Tenants and landlords apply for this program at the same time. There are no income limits. VSHA pays landlords directly to bring the tenant’s rent account current. You can get help now, and apply again if you still need help later.

2.     Moving to a new home  Apply by Dec. 11

Some people need to move because of life safety problems with their rental unit, the rent is too expensive, they have trouble with the landlord or other tenants, or the unit is too big or too small. If you need to move and have found a new landlord, apply together for the Money to Move program at vsha.org. The program can cover the money needed to move in, such as first and last month’s rent and security deposit. It also may cover rent payments through the end of this year.

3.     Free mediation program for landlord-tenant disputes during the moratorium.  Apply ASAP

Sometimes issues other than money get in the way of settlement and dismissal of eviction cases. Mediators are available to help landlords and tenants solve those issues and maintain tenancies. File joint application found at www.vtlandlord.com.

4. Emergency housing for people who do not have a home

The Department of Children and Family’s (DCF) Economic Services Division is extending housing supports for homeless households. For more information or to apply, contact the Benefits Service Center at 1-800-479-6151. If you stay in a shelter or motel, you need to participate in “coordinated entry.” You will be assigned a housing case manager who will help you access subsidies and programs to help you get permanent housing. To learn more about coordinated entry, call 2-1-1. If you worked with your case manager to apply for a subsidy or other program and your application was denied, call Vermont Legal Aid at 1-800-889-2047.

5.     Past-Due Utility Bills Apply ASAP

The Department of Public Service (DPS) can help pay past-due utility bills. The bills can be for electric, natural gas, landline telephone service or regulated private water bills (not municipal water). Homes and small businesses are eligible. There are no income limits, and you don’t have to have a disconnect notice. However, unless the rules are changed (please check), your difficulty paying the bill must be linked to COVID and the funding only covers arrearages after March 1, 2020. If you need help to fill out an application online, contact your local community action agency. Learn more on the Department of Public Service website under “COVID-19 Arrearage Assistance Program.”

6. Mortgage Assistance Program (and maybe Property Tax Assistance) Apply by Nov. 6

This program can pay up to six past-due mortgage payments on your home. It is available to all Vermonters who:

-are at least 1 month past due on mortgage payments

-have a COVID-related hardship, and

-meet the income requirements.

Even people who have mortgages in forbearance are eligible. Apply if you have a mortgage and are behind on property taxes. Vermont Housing Finance Agency is taking applications for the VT COVID Emergency Mortgage Assistance Program at VHFA.org. (You do not need to have a VHFA mortgage to be eligible.)

ROUND UP: Rental Stabilization Program

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COVID-19 takes its greatest toll on the most vulnerable, oppressed, and marginalized in our communities.

The Vermont Housing Finance Agency examines racial inequity in VT homeownership as it relates to the states history of housing segregation & communities of color current vulnerabilities during the pandemic.

The National Fair Housing Alliance reported an uptick in housing discrimination complaints throughout the pandemic, some of our hardest hit communities nationally included homeless populations and low-income, essential workers, the pandemic disproportionately affected people of color and housing advocates argue the nation’s history of housing segregation is at fault. The pandemic has forced our housing communities to adapt in many ways.

The Harbor Place motel in Burlington, Vt. Photo courtesy of Champlain Housing Trust

The good news is that here in Vermont we have pulled out some remarkable solutions. This spring housing advocates effectively temporarily ended homelessness in our state. Our own Champlain Housing Trust garnered national attention with this Shelterforce article for its ingenuity with the pre-exisiting Harbor Place, a former motel purchased by Champlain Housing Trust to provide services and transitional housing to homeless individuals. In Woodstock, a mutual aid group, the Woodstock Area Relief Fund, raised $320,000- nearly half of which went to rent and mortgage relief. Vermont passed an eviction moratorium,  a critical but complicated law which gave renters much needed relief during a time when unemployment was skyrocketing and many did not know when they would return to the workforce. In April we hosted a Fair Housing Friday about  renters’ rights during COVID-19 highlighting the eviction moratorium, which has been extended to Sept. 30. New reports show that Vermont has the 2nd lowest rate of pandemic-related housing insecurity. And this month the Rental Housing Stabilization Program started receiving applications.

If you missed our most recent Fair Housing  Friday webinar about the Rent Stabilization program, you can watch the full video here.

The Rental Stabilization funds landlords on behalf on tenants who are in need of help paying past due rent. The program is intended to prevent folks from being evicted so that people can safely shelter in place during the pandemic. For this reason, people can apply even if their rental arrearage is not strictly related to the pandemic and *may* be able to use the program for back rent from before the pandemic. Both the tenant and the landlord have to apply. The program has $25 million and applications are first come, first serve. Applicants have to be income-eligible and their rent has to meet the affordability requirements set by Vermont Housing Finance Agency,  about $1,464 for a two-bedroom apartment in the Burlington and South Burlington area, and $1,199 for a two-bedroom in Central Vermont. Two weeks into the program, already an estimated 1,400 households applied for rental assistance.

Some of the questions asked during the webinar:

Q: If I have two tenants behind on rent applying for Rental Rehabilitation program and I only want to keep one of the tenants as a renter, can I apply for one renter and not the other?

A: That sounds like a violation of the Fair Housing Act. It would depend on the situation, and we caution everyone to head state and federal fair housing laws that protect against specific tenants from protected classes.

The point of the program is to provide rental arrearage money so that everyone stays housed where they are.

Q: A lot of the callers to Vermont Tenants hotline don’t have access to the internet and won’t be able to download even a pdf of the application. Where would we refer folks for assistance?

A: You can download the pdf on your phone using mobile data. If you are unable to do that, you can work with your landlord to get the application, call Community Action, call Vermont LegalAid, or call the Vermont State Housing Authority for the application to get mailed to you.

Q: What is the turnaround time for the application?

A: There are 10 working days for Vermont State Housing Authority to respond to the application, which may be a confirmation of a yes – in which case the payment will go directly to the landlord on the 1st and 3rd week of the month, or it may be a referral to Vermont LegalAid.

Q: Will tenants be denied if they indicate on the application that their rent is unsustainable?

A: No. That question is there only if people have the option to move to a more affordable place, and needs help to pay for rent for a more affordable apartment.

Q: If a tenant has already submitted their portion of the application and the landlord has not, how does the tenant move forward?

A: The Vermont State Housing Authority will match applications. If we are not able to get the landlord portion of the application, we will refer the tenant to Vermont LegalAid. If your landlord says they won’t submit an application, you can ask them to call the Vermont Landlord Association. Ultimately, a landlord cannot be forced to apply for the program.

The Vermont State Housing Authority has a full FAQ page which can be found here.
Applications for the Rental Stabilization Program can be found here.

There were a lot of resources we referenced in the webinar, and the full list has been uploaded here.

Always, we ask that if you have questions or concerns about your tenancy, please call our Vermont Tenants Hotline at (802) 864-0099