H 756

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1H.756
2 Introduced by Representatives Dobrovich of Williamstown, Burtt of Cabot,
3Coffin of Cavendish, Galfetti of Barre Town, Goslant of
4Northfield, Morgan, M. of Milton, and Nielsen of Brandon
5 Referred to Committee on
6 Date:
7 Subject: Commerce and trade; residential rental agreements; landlord tenant;
8court procedure; ejectment; crimes and criminal procedure; human
9trafficking; Executive; Department of Housing and Community
10Development
11 Statement of purpose of bill as introduced: This bill proposes to require a
12 landlord to notify relevant housing authorities within 48 hours after providing a
13 notice of termination to a tenant receiving housing assistance and to notify law
14 enforcement of suspected human trafficking as soon as practicable after the
15 occurrence of the suspected human trafficking; reduce the notice period for
16 termination of a rental agreement when termination is based on criminal
17 activity, illegal drug activity, human trafficking, or acts of violence to seven
18 days; require a defendant to answer an ejectment complaint within five
19 business days; authorize expedited hearings for an ejectment action based on
20 suspected criminal activity; increase the maximum penalties for human
21 trafficking violations and for knowingly permitting the sale of regulated drugs
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1 in a dwelling or within 500 feet of a dwelling to 10 years in prison or a
2 $500,000.00 fine, or both; and create the landlord assistance program within
3 the Department of Housing and Community Development to provide resources
4 and financial reimbursement to landlords.
5    An act relating to termination of residential rental agreements based on
6    criminal activity and increased penalties for crimes within a dwelling
7 It is hereby enacted by the General Assembly of the State of Vermont:
8 Sec. 1. PURPOSE
9    The purpose of this act is to empower landlords to address drug and human
10 trafficking in rental properties, ensure safe housing environments, enhance
11 penalties for human trafficking, and prioritize community safety and recovery.
12 Sec. 2. 9 V.S.A. § 4457 is amended to read:
13 § 4457. LANDLORD OBLIGATIONS; HABITABILITY
14***
15    (d) Termination of tenancy. A landlord shall notify any relevant housing
16 authority with 48 hours after providing notice of termination of a residential
17 rental agreement under section 4467 of this title for a tenant receiving housing
18 assistance.
19    (e) Criminal activity. A landlord shall notify law enforcement of suspected
20 human trafficking, as that term is defined in 13 V.S.A. § 2651, as soon as
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1 practicable after the occurrence of the suspected human trafficking within a
2 dwelling unit owned or managed by the landlord.
3 Sec. 3. 9 V.S.A. § 4467 is amended to read:
4 § 4467. TERMINATION OF TENANCY; NOTICE
5***
6    (b) Termination for breach of rental agreement.
7(1) The landlord may terminate a tenancy for failure of the a tenant,
8 household member, or guest to comply with a material term of the rental
9 agreement or with obligations imposed under this chapter by actual notice
10 given to the tenant at least 30 days prior to the termination date specified in the
11 notice.
12(2) When termination is based on criminal activity, illegal drug activity,
13 human trafficking, or acts of violence, any of which threaten the health or
14 safety of other residents, the landlord may terminate the tenancy by providing
15 actual notice to the tenant of the date on which the tenancy will terminate,
16 which shall be at least 14 seven days from the date of the actual notice.
17***
18 Sec. 4. 12 V.S.A. § 4852 is amended to read:
19 § 4852. MODE OF PROCESS; DECLARATION; TRIAL BY JURY
20    (a) The process may issue as a summons or writ of attachment, requiring
21 the defendant to appear and answer to the complaint of the plaintiff, which
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1 shall state that the defendant is in the possession of the lands or tenements in
2 question (describing them), which the tenant holds unlawfully and against the
3 right of the plaintiff. A copy of the rental agreement, if any, and any notice to
4 terminate the defendant’s tenancy shall be attached to the complaint. Either
5 party shall have the right to a trial by jury.
6    (b) Notwithstanding any other provision of law or rule, the defendant shall
7 file an answer within five business days after receiving the complaint. The
8 computation of the five-day period shall include the day on which the
9 defendant receives the complaint.
10    (c) When the court sets the date for the initial hearing on the complaint,
11 dates shall also be set for consideration of lease violations and for payment of
12 rent into court if a motion for such payment was filed pursuant to section
13 4853a, 4853b, or 4853c of this title.
14 Sec. 5. 12 V.S.A. § 4853c is added to read:
15 § 4853c. SUSPECTED CRIMINAL ACTIVITY; EXPEDITED HEARING
16    (a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the
17 tenant may file a motion for a judgment that the plaintiff is entitled to
18 immediate possession of the premises on the grounds that the termination of
19 the rental agreement is based on criminal activity, illegal drug activity, human
20 trafficking, or acts of violence, any of which threaten the health or safety of
21 other residents under 9 V.S.A. § 4467(b).
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1(2) The motion may be filed and served with the complaint or at any
2 time after the complaint has been filed. The motion shall be accompanied by
3 an affidavit setting forth particular facts in support of the motion and a copy of
4 the lease agreement.
5    (b) A hearing on the motion shall be held within 10 days after the motion is
6 filed.
7    (c) At any time before the hearing, the defendant may oppose the motion
8 pursuant to Rule 7(b)(6) of the Vermont Rules of Civil Procedure by filing an
9 affidavit, a signed written statement, or a memorandum in opposition to the
10 motion. The affidavit, signed written statement, or memorandum shall set
11 forth particular facts to show that a genuine dispute of fact exists in relation to
12 the motion.
13    (d) If the defendant fails to appear for the hearing, or to file an affidavit,
14 signed written statement, or memorandum in opposition to the plaintiff’s
15 motion, or has failed to file an answer in the time provided pursuant to section
16 4852 of this title, the plaintiff shall be entitled to judgment by default for
17 immediate possession of the premises.
18    (e) If the court issues judgment in favor of the plaintiff pursuant to
19 subsection (d) of this section, the court shall, on the date judgment is entered,
20 issue a writ of possession directing the sheriff of the county in which the
21 property or a portion thereof is located to serve the writ upon the defendant
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1 and, not sooner than five days after the writ is served, to put the plaintiff into
2 possession.
3 Sec. 6. 13 V.S.A. § 2659 is amended to read:
4 § 2659. KNOWINGLY PERMITTING HUMAN TRAFFICKING IN A
5DWELLING
6    (a) No person shall knowingly permit a dwelling, building, or structure
7 owned by or under the control of the person to be used for the purpose of
8 human trafficking or aggravated human trafficking in violation of section 2652
9 or 2653 of this title.
10    (b) A person who violates this section shall be imprisoned not more than
11 two 10 years or fined not more than $15,000.00 $500,000.00, or both.
12    (c) It shall not be a violation of this section if the person who owns or
13 controls the dwelling, building, or structure takes action to address the
14 unlawful activity.
15 Sec. 7. 18 V.S.A. § 4252 is amended to read:
16 § 4252. KNOWINGLY PERMITTING SALE OF REGULATED DRUGS IN
17A DWELLING OR WITHIN 500 FEET OF A DWELLING
18    (a)(1) No person shall knowingly permit a dwelling, building, or structure
19 owned by or under the control of the person to be used for the purpose of
20 illegally selling a regulated drug.
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1(2) No person shall knowingly and unlawfully dispense or sell a
2 regulated drug to any person within 500 feet of a residential dwelling unit.
3    (b) [Repealed.]
4    (c) A person who violates this section shall be imprisoned not more than
5 two 10 years or fined not more than $15,000.00 $500,000.00, or both.
6    (d) It shall not be a violation of this section if the person who owns or
7 controls the dwelling, building, or structure takes action to address the
8 unlawful activity.
9 Sec. 8. 9 V.S.A. § 4454a is added to read:
10 § 4454a. LANDLORD ASSISTANCE PROGRAM
11    (a)(1) The Department of Housing and Community Development, in
12 collaboration with the Department of Public Safety and the Department of
13 Health, shall develop:
14(A) guidelines for landlord screening processes to help prevent
15 human trafficking while protecting prospective tenant privacy;
16(B) training for landlords on identifying and reporting human
17 trafficking activity; and
18(C) coordination with law enforcement for swift eviction and
19 prosecution of human trafficking offenders.
20(2) Guidelines and trainings developed under this subsection shall be
21 reviewed annually and updated as appropriate.
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1    (b)(1) The Department of Housing and Community Development shall
2 create and implement a landlord assistance program to reimburse landlords for
3 legal costs related to termination and ejectment of tenants due to human
4 trafficking violations.
5(2) Reimbursement under this subsection shall be limited to $2,500.00
6 per complaint.
7 Sec. 9. GUIDELINES
8    The Department of Housing and Community Development shall develop
9 initial guidelines and trainings required by 9 V.S.A. § 4454a on or before
10 January 1, 2027.
11 Sec. 10. APPROPRIATION
12    The sum of $2,000,000.00 is appropriated from the General Fund to the
13 Department of Housing and Community Development in fiscal year 2027 for
14 the purpose of funding the landlord assistance program created by 9 V.S.A.
15 § 4454a.
16 Sec. 11. EFFECTIVE DATE
17    This act shall take effect on July 1, 2026.
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