Bill Summary – FastDemocracy

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                                       H.639
    An act relating to flood risk disclosure, accessibility standards for State-
    funded residential construction, housing accountability, and recovery
    residence evictions
 It is hereby enacted by the General Assembly of the State of Vermont:
                        * * * Flood Risk Disclosure * * *
 Sec. 1. 27 V.S.A. § 380 is added to read:
 § 380. DISCLOSURE OF INFORMATION; CONVEYANCE OF REAL
        ESTATE
    (a) Prior to or as part of a contract for the conveyance of real property, the
 seller shall provide the buyer with the following information:
       (1) whether the real property is located in a Federal Emergency
 Management Agency mapped special flood hazard area;
       (2) whether the real property is located in a Federal Emergency
 Management Agency mapped moderate flood hazard area;
       (3) whether the real property was subject to flooding or flood damage
 while the seller possessed the property, including flood damage from
 inundation or from flood-related erosion or landslide damage; and
       (4) whether the seller maintains flood insurance on the real property.
    (b) The failure of the seller to provide the buyer with the information
 required under subsection (a) of this section is grounds for the buyer to
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 terminate the contract prior to transfer of title or occupancy, whichever occurs
 earlier.
    (c) A buyer of real estate who fails to receive the information required to be
 disclosed by a seller under subsection (a) of this section may bring an action to
 recover from the seller the amount of the buyer’s damages and reasonable
 attorney’s fees. The buyer may also seek punitive damages when the seller
 knowingly failed to provide the required information.
    (d) A seller shall not be liable for damages under this section for any error,
 inaccuracy, or omission of any information required to be disclosed to the
 buyer under subsection (a) of this section when the error, inaccuracy, or
 omission was based on information provided by a public body or by another
 person with a professional license or special knowledge who provided a
 written report that the seller reasonably believed to be correct and that was
 provided by the seller to the buyer.
    (e) Noncompliance with the requirements of this section shall not affect the
 marketability of title of a real property.
 Sec. 2. 9 V.S.A. § 4466 is added to read:
 § 4466. REQUIRED DISCLOSURE; MODEL FORM
    (a) A landlord shall disclose in advance of entering a rental agreement with
 a tenant whether any portion of the premises offered for rent is located in a
 Federal Emergency Management Agency mapped special flood hazard area.
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 This notice shall be provided to the tenant at or before execution of the lease in
 a separate written document substantially in the form prescribed by the
 Department of Housing and Community Development pursuant to subsection
 (b) of this section.
    (b) The Department of Housing and Community Development shall
 develop a model form for the notice provided under this section that shall
 include the information required under subsection (a) of this section.
 Sec. 3. 10 V.S.A. § 6236(e) is amended to read:
    (e) All mobile home lot leases shall contain the following:
                                       ***
       (8)(A) Notice that the mobile home park is in a flood hazard area if any
 lot within the mobile home park is wholly or partially located in a flood hazard
 area according to the flood insurance rate map effective for the mobile home
 park at the time the proposed lease is furnished to a prospective leaseholder.
 This notice shall be provided in a clear and conspicuous manner in a separate
 written document substantially in the form prescribed by the Department of
 Housing and Community Development pursuant to subdivision (B) of this
 subdivision (8) and attached as an addendum to the proposed lease.
          (B) The Department of Housing and Community Development shall
 develop a model form for the notice provided under this section that shall
 include the information required under subdivision (A) of this subdivision (8).
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 Sec. 4. 10 V.S.A. § 6201 is amended to read:
 § 6201. DEFINITIONS
    As used in this chapter, unless the context requires otherwise:
       (1) “Mobile home” means:
           (A) a structure or type of manufactured home, including the
 plumbing, heating, air-conditioning, and electrical systems contained in the
 structure, that is:
              (i) built on a permanent chassis;
              (ii) designed to be used as a dwelling with or without a permanent
 foundation when connected to the required utilities;
              (iii) transportable in one or more sections; and
              (iv)(I) at least eight feet wide, 40 feet long, or when erected has at
 least 320 square feet; or
                  (II) if the structure was constructed prior to June 15, 1976, at
 least eight feet wide or 32 feet long; or
           (B) any structure that meets all the requirements of this
 subdivision (1) except the size requirements, and for which the manufacturer
 voluntarily files a certification required by the U.S. Department of Housing
 and Urban Development and complies with the construction and safety
 standards established under Title 42 of the U.S. Code.
           (C) [Repealed.]
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          (2) “Mobile home park” means any parcel of land under single or
 common ownership or control that contains, or is designed, laid out, or adapted
 to accommodate, more than two mobile homes. “Mobile home park” does not
 mean premises used solely for storage or display of mobile homes. Mobile
 home park does not mean any parcel of land under the ownership of an
 agricultural employer who may provide up to four mobile homes used by full-
 time workers or employees of the agricultural employer as a benefit or
 condition of employment or any parcel of land used solely on a seasonal basis
 for vacation or recreational mobile homes.
                                         ***
          (13) “Flood hazard area” has the same meaning as in section 752 of this
 title.
          (14) “Flood insurance rate map” means, for any mobile home park, the
 official flood insurance rate map describing that park published by the Federal
 Emergency Management Agency on its website.
 Sec. 5. 9 V.S.A. § 2602 is amended to read:
 § 2602. SALE OR TRANSFER; PRICE DISCLOSURE; MOBILE HOME
            UNIFORM BILL OF SALE
    (a) Appraisal; disclosure. When a mobile home is sold or offered for sale:
          (1) If a mobile home is appraised, the appraisal shall include a cover
 sheet that itemizes the value of the unsited mobile home, the value of any VT LEG #375722 v.1
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 adjacent or attached structures located on the site and the value of the sited
 location, if applicable, and valuations of sales of comparable properties.
       (2) In the case of a new mobile home, the seller shall provide to a
 prospective buyer a written disclosure that states the retail price of the unsited
 mobile home, any applicable taxes, the set-up and transportation costs, and the
 value of the sited location, if applicable.
       (3) In the case of a mobile home as defined in 10 V.S.A. § 6201, the
 seller shall provide to a prospective buyer a written disclosure of any flooding
 history or flood damage to the mobile home known to the seller, including
 flood damage from inundation or from flood-related erosion or landslide
 damage.
       (4) A legible copy of the disclosure required in subdivision (2) of this
 subsection shall be prominently displayed on a new mobile home in a location
 that is clearly visible to a prospective buyer from the exterior.
                                        ***
                        * * * Accessibility Standards * * *
 Sec. 6. 20 V.S.A. chapter 174 is amended to read:
       CHAPTER 174. ACCESSIBILITY STANDARDS FOR PUBLIC
   BUILDINGS AND, PARKING, AND STATE-FUNDED RESIDENTIAL
                                    BUILDINGS
                   Subchapter 1. Public Buildings and Parking VT LEG #375722 v.1
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 § 2900. DEFINITIONS
                                       ***
              Subchapter 2. State-Funded Residential Construction
 § 2910. DEFINITIONS
    As used in this subchapter:
       (1) “Adaptable” means a residential unit that complies with the
 requirements for a Type A Unit or a Type B Unit set forth in section 1103 or
 1104, respectively, of the 2017 ICC Standard for Accessible and Useable
 Buildings and Facilities or a similar standard adopted by the Access Board by
 rule pursuant to section 2901 of this chapter.
       (2) “ICC” means the International Code Council.
       (3) “State-funded residential building” means a building that is designed
 or intended for occupancy as a residence by one or more individuals the
 construction of which is funded in whole or in part by State funds.
       (4) “Visitable” means a residential unit that complies with the
 requirements for a Type C Unit set forth in section 1105 of the 2017 ICC
 Standard for Accessible and Useable Buildings and Facilities or a similar
 standard adopted by the Access Board by rule pursuant to section 2901 of this
 chapter.
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 § 2911. STATE-FUNDED RESIDENTIAL CONSTRUCTION;
          ACCESSIBILITY REQUIREMENTS
    (a) Any State-funded residential building that is constructed in Vermont on
 or after July 1, 2025 shall comply with the following requirements:
       (1) All residential units that are located partially or wholly on the
 ground floor or are accessible by an elevator or lift shall be adaptable units.
       (2) Any residential unit that is not located on the ground floor and is not
 accessible by an elevator or a lift shall be a visitable unit.
    (b) A State-funded residential building constructed in accordance with the
 requirements of this section shall not be modified in any way that would
 reduce its compliance with the requirements of subsection (a) of this section, as
 applicable, during any subsequent repairs, renovations, alterations, or
 additions.
    (c) The Access Board shall adopt rules as necessary to implement the
 provisions of this section.
 Sec. 7. 24 V.S.A. § 4010 is amended to read:
 § 4010. DUTIES
    (a) In the operation of or management of housing projects, an authority
 shall at all times observe the following duties with respect to rentals and tenant
 selection:
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       (6) When renting or leasing accessible dwelling accommodations, it
 shall give priority to tenants with a disability. As used in this subdivision,
 “accessible” means a dwelling that complies with the requirements for an
 accessible unit set forth in section 1102 of the 2017 ICC Standard for
 Accessible and Useable Buildings and Facilities or a similar standard adopted
 by the Access Board by rule pursuant to 20 V.S.A. § 2901.
                                        ***
                        * * * Housing Accountability * * *
 Sec. 8. VERMONT STATEWIDE AND REGIONAL HOUSING TARGETS
         PROGRESS; REPORT
    (a) Upon publication of the Statewide Housing Needs Assessment setting
 out the statewide and regional housing targets required pursuant to 24 V.S.A.
 § 4348a, the Department of Housing and Community Development, in
 coordination with regional planning commissions, shall develop metrics for
 measuring progress toward the statewide and regional housing targets,
 including:
       (1) for any housing target, a timeline separating the target into discrete
 steps with specific deadlines; and
       (2) for any regional housing target:
          (A) a rate measuring progress toward the total needed housing
 investment published in the regional plan for a region subject to the regional VT LEG #375722 v.1
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 housing target by separate measure for each of price, quality, unit size or type,
 and zoning district, as applicable; and
          (B) steps taken to achieve any actions recommended to satisfy the
 regional housing needs published in the regional plan for a region subject to
 the regional housing target.
    (b) The Department shall employ the metrics developed under subsection
 (a) of this section to set annual goals for achieving the statewide and regional
 housing targets required pursuant to 24 V.S.A. § 4348a.
    (c) Within one year following publication of the Statewide Housing Needs
 Assessment setting out the statewide and regional housing targets required
 pursuant to 24 V.S.A. § 4348a and annually thereafter through 2030, the
 Department shall publish a report on progress toward the statewide and
 regional housing targets, including:
       (1)(A) annual and cumulative progress toward the statewide and
 regional housing targets based on the metrics developed pursuant to subsection
 (a) of this section; and
          (B) for any statewide or regional housing target the Department
 determines may not practicably be measured by any of the metrics developed
 pursuant to subsection (a) of this section, an explanation that the statewide or
 regional housing target may not practicably be measured by the Department’s VT LEG #375722 v.1
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 metrics and a description of the status of progress toward the statewide or
 regional housing target;
       (2) progress toward the annual goals for the year of publication set
 pursuant to subsection (b) of this section;
       (3) an overall assessment whether, in the Department’s discretion,
 annual progress toward the statewide and regional housing targets is
 satisfactory based on the measures under subdivisions (1) and (2) of this
 subsection and giving due consideration to the complete timeline for achieving
 the statewide and regional housing targets; and
       (4) if the Department determines pursuant to subdivision (3) of this
 subsection that annual progress toward the statewide and regional housing
 targets is not satisfactory, recommendations for accelerating progress. The
 Department shall specifically consider whether the creation of a process that
 permits developers to propose noncompliant housing developments under
 certain conditions, like a builder’s remedy, or a cause of action would be likely
 to accelerate progress.
    (d) The Department shall have broad discretion to determine any timeline
 or annual goal under subsection (a) or (b) of this section, provided the
 Department determines that any step in a timeline or annual goal, when
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 to achievement of the statewide or regional housing targets published in the
 Statewide Housing Needs Assessment.
    (e) If the statewide and regional housing targets are not published in the
 Statewide Housing Needs Assessment published in 2024, the Department shall
 develop and publish the required