Legislation

Lack of consensus results in slimmed down Landlord/Tenant bill

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By Sam Douglass

On Wednesday, the Senate Committee on Economic Development gave final approval to a heavily slimmed down landlord-tenant bill. The bill passed out of the committee 3-2 with the Democratic committee chair siding with the committee’s two Republicans against members of her own party. The bill now moves to the floor for a vote of the full Senate. 

If approved, the bill is likely to go to a conference committee, where many of the removed elements of the House bill are likely to be considered for the final draft to be returned to both House and Senate for consideration.

Since its introduction in the House, H.772 has been at the center of this biennium’s fight between the property rights of landlords and the need for safe stable housing for tenants. The bill came into the possession of the Economic Development committee in early May after it spent multiple weeks in the Senate Judiciary committee. 

As previously reported by Vermont Daily Chronicle, the bill was an attempt to balance landlord rights and tenant protections. Introduced earlier this year by House General & Housing Committee Chair Rep. Marc Mihaly (D-Washington 6), the bill was a compromise between these two conflicting policy positions that are often viewed as contradictory.

“The theory behind the bill is pretty simple, rather brutally simple, which is to give each side what it most wants, regardless of the fact that the other side really doesn’t want what the other side wants. It really focuses on giving each side what it wants,” said Mihaly at the time. 

As passed by the House, H.772 contains provisions benefiting both landlords and tenants, however, it drew criticism from tenant advocates for being lopsided in favor of landlords. It protected tenants from frequent rent increases and it gave landlords more flexibility to evict tenants, including for multiple late payments.

When the bill went to the Senate, there was an understanding that the two separate committees would have the opportunity to work on it. The Senate Judiciary committee worked largely on issues of domestic violence and their impact on rental leases, whereas the Economic Development committee spent its time on disability policy and refining the controversial bill into a passable form.

On Wednesday, due to a lack of consensus among the members of the committee, the bill was slimmed down heavily which eliminated much of the work from the House and the Senate Judiciary committee. If approved by the Senate, it will likely move to a committee of conference between members of both chambers to reconcile a final version from previous drafts for both chambers to vote on.

Sen. Thomas Chittenden (D-Chittenden Southeast) was vocal prior to the vote on the process of the bill and his view of the bill’s unequal treatment of tenants across the different sections of the bill.

“I don’t support this bill, and I think it was just the wrong step when the attempt was tried to make right or do something right with these tenants over here by doing something wrong with those tenants over there,” said Chittenden. “I just don’t think there’s a moral potency. So I think it was a flawed approach from the beginning, and I think each change to all our laws should be weighed on its own merits, and there is some sort of balance or trade off between kicking people’s stuff to the curb and ejecting them after five days. But that’s okay. So we’re gonna give ninety days for what the landlord sells in the building. There’s no equivalency there for me.”


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Categories: Legislation

1 reply »

  1. I’ll share a bitter story with you in the hope my case will change some minds and allow common sense to guide lawmakers.
    About 40 years back after working in Europe and beyond I decided to return home with my wife and brought a place in Hardwick, spent a year or two there, fixed up the house ourselves, worked hard then the call to serve George HW Bush came so we locked the place up for 4 years and decamped to Washington ,returning for a visit now and then.
    After the 4 years we returned to Hardwick and decided to return to Europe just locking the house up and a neighbor mowed the grass and kept an eye on it. This went on for 10 years ,paid taxes and water and sewer, with nary a turd going down the pipes, so it costs much to keep and one day I got a letter from a single women with 3 kids who worked at Cabot Creamery who got my address from the Town Clerk and she wrote she wanted to rent my house with a percentage of the rent going into paying for the house .I send my brother who lived in RI up to meet her and he said she seemed OK and being it was unlikely I would return soon and the costs was money down the drain, we didn’t use, and the fact my parents divorced when I was young, leaving my mother to raise us 3 kids on her own, and it was hard so I felt sorry for her and her kids, thought I’d give them a break and let her move in.
    Was that ever a mistake.
    She never sent me one penny rent ,a deposit or anything we agreed on and she lied and cheated and just caused us so much grief then when we wanted to get her out the law wouldn’t let us(Snow on the ground) and we were treated by the state like we were evil landlords, because I owned the house outright, and was overseas…we hired a lawyer, took her to court ,finally ,after about 7000 dollars in legal fees, we won, and was awarded a lot of money which we never saw a penny of, and she took a hammer and broke all the electrical outlets, light switches and pounded hammer holes in all the walls ,the mud/storage room was piled to the roof with bags of garbage, so she didn’t have to pay the dump fees, and the whole damn thing near ruined our life and we brought that house with our hard earned savings so Vermont lawmakers…you drove us ,hardworking, honest people, away, and out of state, with your asinine laws protecting the assholes from us hard working honest people, so you can take your Peoples Republic of Vermont and shove it sideways up your touch hole!
    We dumped the home we worked so hard for and busted hump fixing up ,never an intent to rent it, and sold it at a great loss, just to put that chapter behind us, and move on, so this is what your laws do to honest hardworking people, and why I am an ardent political activist against the so called progressives (regressives) of this world, so put that in your pipe and smoke it.

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