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

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!

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

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.

Thriving Communities and Housing from the Peruvian Andes to Vermont’s Green Mountains

Hi! I’m Beth, and I’ve been volunteering with the Fair Housing Project over the summer, working mainly on social media with Corrine and Jess. As a brief introduction, I’m currently finishing up my PhD in Anthropology at Brown University. I’m originally from the UK, but my partner grew up in Shelburne, and we moved back to Vermont in 2021. 

Hiking in the Green Mountains after moving back to Vermont

PhD research

At first glance, it doesn’t seem like my PhD research has much to do with fair housing or thriving communities. I study herding communities and environments in the Peruvian Andes (think llamas, alpacas, and mountains) and how they responded to Spanish colonialism in the 16th century. More broadly, I’m interested in how rural communities renegotiate their lifeways in response to external changes. In the communities I study, responses often involve shifts in how people manage and use the environment. Today, for example, Andean herding communities have had to intensify wool production to meet increased global demand for wool, which is prized for its fineness and warmth. To do this, they’ve expanded wetland pasture so it can host more animals. I think similar shifts happened in response to Spanish colonialism: Spanish-operated mines relied on caravans of llamas to move goods between the highland mines and coastal ports. To meet increased transport demand, herders would have had to construct new infrastructure, such as corrals, along the route. Spanish colonialism was undoubtedly a violent period that led to the death of millions and the destruction of many Andean community practices. But because of a focus on this, and on the colonists themselves, less attention has been paid to understanding the diverse ways in which rural communities, in particular, responded to colonial policies.

The high-elevation (about 14,500 ft) herding landscape my PhD research is based in, in the Peruvian Andes

Housing

I’ve always been interested in housing, especially in rural areas. I grew up in a small coastal town in the UK and I see a lot of parallels between my hometown and where I live now, in Vermont, in terms of housing issues. In both places, housing inequities – in particular, rising housing costs and housing shortages caused in part by increased migration, second-home ownership, and short-term Airbnb-type rentals – have begun to hollow out our communities.

Short-term lets are increasingly impacting housing availability and community cohesion in rural areas

While we often, perhaps rightly, see these as threats to our homes, I think what’s more important is how we, as a community, respond to these changes. Like with Spanish colonialism and Andean herding communities, it is important to recognize both the major large-scale changes and the small-scale, local ways in which communities respond to these.

Manufactured (mobile) home communities are increasingly important within the Vermont housing ecosystem, because they provide affordable housing in a tight market. Recent news articles (part of the Seven Days “Locked Out” series have highlighted both the challenges manufactured home parks face and the ways in which they provide community for their residents.

Over the summer, I’ve used the Fair Housing Project’s Thriving Communities social media pages to highlight how people in Vermont and beyond are responding to housing challenges, whatever form these take. A lot of the news about housing in Vermont is bad – we all know the state is facing down a major housing crisis – but there has also been a lot of good stories and positive news!

A mural in Burlington, VT, that promotes fair housing and our right to housing free of discrimination. The mural was commissioned by Vermont’s Human Rights Commission and painted by Juniper Creative Arts.

I’ve learnt so much about the housing landscape in Vermont and the different agencies and organizations working to reduce housing inequities and discrimination across the state and it’s been great working with Jess, Corrine, and the others at the Fair Housing Project. Thank you!

VT Student Anti-Racism Network launches 2022 racial equity report

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

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 and climate: Are affordable housing developments more likely to be located in risky areas?

The development of affordable housing is a key response to the housing crisis – but where are these homes located? “Smart growth” – the idea that we should encourage dense, mixed-use developments with access to services including public transport and green space – is increasingly a buzzword in housing. But recent research suggests that affordable housing is increasingly being built in environmentally risky areas, including those prone to flooding or wildfires and historically polluted areas.

A damaged mobile home in Berlin, VT, following Tropical Storm Irene (image: VTDigger)

One Shelterforce article, written by Collen O’Connor-Grant, discusses how 300 low-income housing units, due to be built in Holmdel Township, NJ (a wealth NYC suburb), were relocated from the main redevelopment area to a recently rezoned wetland. The new lot was a known flooding hotspot and, given the devastation caused by recent storms like Sandy and Ida, authorities were undoubtedly area of the risks of the new location. Other concerns were also raised, including the potential for soil and water contamination from nearby businesses – but no plans to conduct testing to check this were ever announced.

The proposed plan for the affordable housing development in Holmdel, located on a flood-prone lot (image: Shelterforce)

The Holmdel case is a classic example of “climate gentrification”, where certain properties or areas are valued over others because of their perceived ability to withstand the effects of climate change. Climate gentrification is also a problem in Vermont, as recent articles discussing “climate refugees” have shown. While everyone deserves a safe place to live, some are concerned that the influx of often-wealthy folks from out of state looking for “climate havens” will further displace long-term Vermont residents struggling with the state’s housing crunch.

Locating affordable homes in more environmentally risky areas is also a problem in Vermont. A 2013 study by UVM and the Department of Housing and Community Development found that mobile homes are disproportionately located in flood zones: nearly 12% of mobile homes in parks are located in flood hazard areas, compared to 6% of mobile homes on private land and just 4% of single-family homes.

The St George Community Cooperative mobile home park; mobile home parks in Vermont are more likely to be located in flood-prone areas (image: VTDigger)

An article published last year in the Valley News highlights how susceptible mobile home parks are to flooding events. The Riverside Mobile Home Park in Woodstock suffered major flooding and associated damage, including problems with mold, in Tropical Storm Irene. Equity issues became increasingly apparent during clean-up: many residents lacked proper flood insurance coverage, FEMA assistance was insufficient or entirely absent, and residents struggled to find the funds to repair their homes. Similar scenarios are playing out across the country, as natural disasters often further exacerbate high costs of building materials, leaving people unable to afford the costs of rebuilding.

Senator Kesha Rams Hinsdale (D-Chittenden) introduced the recently signed Environmental Justice bill

Given that the effects of climate change are only predicted to increase, we need to think about how to approach the intersecting affordable housing and climate crises. Unfortunately, no ready solutions are forthcoming. While some advocate for increased regulation by local governments (e.g., through changing zoning codes), others contend that it is local authorities that are the problem, and states should pass legislation enabling them to override “bad” local planning decisions. Vermont recently passed a new environmental justice bill (S.148) that aims to reduce the burden on communities that experience disproportionate impacts from environmental stress, including flooding and pollution by requiring the state to incorporate environmental justice into their work and establishing two new state-wide advisory groups, the Environmental Justice Advisory Council and the Interagency Environmental Justice Committee. Criticism of the bill centers on its implementation, with concerns that the bill does not allocate enough funding to ensure its long-term viability or to allow for meaningful community engagement. Nonetheless, passing the bill is still a big step forward for environmental justice in our state.  

What do you think? Leave a comment below or visit our Facebook page to join in the conversation!

Juneteenth: What is it? And where to celebrate in Vermont?

A flyer for Winooski’s 2022 Juneteenth Celebration

What is Juneteenth?

Juneteenth is a holiday celebrated on June 19th to commemorate the emancipation of enslaved people in the United States. Although the Emancipation Proclamation was issued by President Abraham Lincoln on January 1st, 1863, it was not until June 19th, 1865 – approximately two months after Confederate general Robert E. Lee surrendered – that enslaved African Americans in Texas learnt of their freedom. The date has been celebrated ever since, first in Galveston, Texas and later in other parts of the country.

The holiday has grown in prominence since the murder of George Floyd by a white police officer in 2020 and ensuing national protests against white supremacy, which cemented the push to make it a federal holiday. President Biden signed the bill naming Juneteenth a federal holiday in June 2021, making it the 11th holiday recognized by the federal government.

Even though slavery was officially ended more than 150 years ago, the legacies of slavery, and of white supremacy more broadly, continue to affect the lives of Black Americans today – including with respect to housing. Nationally, just 44.1% of Black Americans own their homes, compared with 74.5% of white Americans, according to the U.S. Census Bureau. The racial gap in home ownership is even more pronounced in Vermont, where just 21% of Black households are homeowners, less than half of the national average. In comparison, 72% of white Vermonters own their homes. Black renters also face discrimination: they are less likely to get a response to enquiries about available apartments, making it harder to even rent an apartment in the first place. Recently launched programs in Vermont, including a new homeownership equity program by Champlain Housing Trust aimed at BIPOC households, are hoping to reduce this homeownership gap (read more here).

How is it celebrated?

Early Juneteenth celebrations often involved prayer and small family events, where food was an important part. Celebrations have grown in recent years, with many cities hosting large events such as festivals and parades. Vermont became the 29th state to recognize Juneteenth as a state holiday in 2008 and today events are held across the state to mark and celebrate the date – we’ve put together a roundup of some of them below!

Learn more: The Carpenter-Carse Library in Hinesburg has collated a Juneteenth reading and resources list with great suggestions for all ages – check it out here if you’re interested in learning more about Juneteenth!

A book about Juneteenth by Vaunda Micheaux Nelson and Drew Nelson, available at public libraries in Vermont

Where can I celebrate Juneteenth in Vermont?

A variety of organizations, communities, and museums are hosting Juneteenth events across Vermont this year. Here’s a round-up: 

Burlington’s “Juneteenth: A Love Story” event
  • Event: Juneteenth, A Love Story, Friday June 17 – Sunday, June 19
  • Location: Various locations across Burlington
  • More info: https://www.btvreib.com/about-4

Vermont Racial Justice Alliance Campaign Launch and Community Cookout
Southwest Vermont Juneteenth Celebration, Bennington
The Black Experience 2022
Old Stone House Museum & Historic Village, Brownington
Rokeby Museum, Ferrisburgh (free admission on June 19!)
Clemmons Family Farm, Charlotte

 

Winooski’s Juneteenth Celebration
Essex Juneteenth
NAACP Juneteenth Hair Clinics, Rutland
Juniper Creative & VT Human Rights Commission Community Paint Day
  • Event: Fair Housing Mural Community Paint Day, noon-3pm Sunday, June 19
  • Location: 81 Pearl St., Burlington (Hong’s Dumplings/Leonardo’s building)
  • More info: https://www.instagram.com/p/Ce5NypxOZlx/

VT Statewide Housing Conference is back!

“What YOU can do to solve the housing crisis” -> Session proposals due June 30

Guest blog post by Leslie Black-Plumeau, Vermont Housing Finance Agency
 

Housing conference logoOn behalf of the Vermont Statewide Housing Conference Planning Committee, VHFA is seeking proposals for sessions at the 2022 Statewide Housing Conference, to be held on Wednesday, Nov. 16 in Burlington.  For decades, this biennial conference has brought together practitioners, community members and policy leaders to nurture connection and innovation. 

This year’s conference theme is “What YOU can do to solve the housing crisis.” The conference planning committee is inviting the housing community to submit proposals for sessions at the conference that speak to this theme. If you have an idea for a session you would like to facilitate at this year’s conference, please submit a brief description of the session and answer a few questions about it by completing the short web-based form.  

Conference organizers hope to offer a wide range of session formats, including non-traditional approaches that make build off of the conference’s in-person nature and make creative use of technology and other mediums to engage attendees. Here are a few session topic examples:  

  • Voices of Vermonters with lived experiences that reflect the diversity of our state 
  • Ways to combat the housing crisis through direct local levers and partnerships  
  • Systems for turning ideas and inspiration into personal action 
  • Impact on affordability and CO2 emissions of municipal housing development requirements  

Proposals will be accepted through June 30, 2022. Please direct any questions to conference@vhfa.org.