Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                            H.684
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                                       H.684
 Introduced by Representatives Williams of Barre City, Anthony of Barre City,
                Arsenault of Williston, Berbeco of Winooski, Bluemle of
                Burlington, Bos-Lun of Westminster, Buss of Woodstock,
                Campbell of St. Johnsbury, Carpenter of Hyde Park, Chase of
                Chester, Christie of Hartford, Cole of Hartford, Dolan of Essex
                Junction, Farlice-Rubio of Barnet, Garofano of Essex, Graning
                of Jericho, Houghton of Essex Junction, Howard of Rutland
                City, Hyman of South Burlington, Krasnow of South
                Burlington, LaBounty of Lyndon, LaLonde of South
                Burlington, Leavitt of Grand Isle, Masland of Thetford, McGill
                of Bridport, Nugent of South Burlington, Patt of Worcester,
                Priestley of Bradford, Rice of Dorset, Satcowitz of Randolph,
                Stebbins of Burlington, Stone of Burlington, Templeman of
                Brownington, Torre of Moretown, Troiano of Stannard, and
                White of Bethel
 Referred to Committee on
 Date:
 Subject: Housing
 Statement of purpose of bill as introduced: This bill proposes to create a
 registration requirement and registry for rental housing in this State.
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     BILL AS INTRODUCED                                                         H.684
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    An act relating to creating a rental housing registry
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 3 V.S.A. § 2478 is added to read:
 § 2478. STATE RENTAL HOUSING REGISTRY; HOUSING DATA
    (a) The Department of Housing and Community Development, in
 coordination with the Division of Fire Safety, the Department of Health, the
 Enhanced 911 Board, and the Department of Taxes, shall create and maintain a
 registry of the rental housing in this State, which includes a “dwelling unit” as
 defined in 9 V.S.A. § 4451 and a “short-term rental” as defined in 18 V.S.A.
 § 4301.
    (b) The Department of Housing and Community Development shall require
 for each unit that is registered the following data:
       (1) the name of the owner or landlord;
       (2) phone number, electronic mail address, and mailing address of the
 landlord, as available;
       (3) location of the unit;
       (4) year built;
       (5) type of rental unit;
       (6) number of units in the building;
       (7) school property account number;
       (8) accessibility of the unit; and VT LEG #373069 v.1
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       (9) any other information the Department deems appropriate.
    (c) Upon request of the Department of Housing and Community
 Development, and at least annually, a municipal, district, or other local
 government entity that operates a rental housing health and safety program that
 requires registration of a rental housing unit and a fee for inclusion on the
 registry shall provide to the Department the data for each unit that is required
 pursuant to subsection (b) of this section.
    (d) The registry, and data collected by the registry, shall be protected
 pursuant to 1 V.S.A. § 317(c)(2) and may only be released to specifically
 designated persons who, in the discretion of the Department, shall use such
 data to further the public good. Registry data may not be disclosed to entities
 for the purposes of solicitation campaigns without express authority granted by
 the Department. Data about a specific unit may be disclosed to the owner or
 operator of the rental unit regulated by the registry for the purpose of
 informing the owner or operator of its registry status.
 Sec. 2. 3 V.S.A. § 2479 is added to read:
 § 2479. RENTAL HOUSING REGISTRATION
    (a) Except as provided in subsection (c) of this section, an owner of rental
 housing that is subject to 9 V.S.A. chapter 137 shall:
       (1) file with the Department of Taxes the landlord certificate required
 for the renter’s rebate or the renter credit program; and VT LEG #373069 v.1
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       (2) within 30 days after filing the certificate, register, provide the
 information required by subsection 2478(b) of this title, and pay to the
 Department of Housing and Community Development an annual registration
 fee of $35.00 per rental unit unless the owner has within the preceding
 12 months:
          (A) registered the unit pursuant to subsection (b) of this section; or
          (B) registered the unit with a municipal, district, or other local
 government entity that operates a rental housing health and safety program
 with a rental registry that complies with subsection 2478(b) of this title.
    (b) Except as provided in subsection (c) of this section, an owner of a
 short-term rental, as defined in 18 V.S.A. § 4301, shall annually, within
 30 days after renting a unit, register with and pay to the Department of
 Housing and Community Development an annual registration fee of $35.00 per
 rental unit unless the owner has within the preceding 12 months:
       (1) registered the unit pursuant to subsection (a) of this section; or
       (2) registered the unit with a municipal, district, or other local
 government entity that operates a rental housing health and safety program
 with a rental registry that complies with subsection 2478(b) of this title.
    (c)(1) An owner of a mobile home lot within a mobile home park who has
 registered the lot with the Department of Housing and Community VT LEG #373069 v.1
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 Development and who does not own a mobile home on the lot is exempt from
 registering the lot pursuant to this section.
       (2) An owner of a mobile home lot within a mobile home park who has
 registered the lot with the Department and who owns a mobile home on the lot
 that is available for rent or rented shall register the property with the
 Department and pay a fee equal to the fee required by subdivision (a)(2) of this
 section less any fee paid within the previous 12 months pursuant to 10 V.S.A.
 § 6254(c).
       (3) An owner of a mobile home who rents the mobile home, whether
 located in a mobile home park, shall register pursuant to this section.
    (d) An owner of rental housing who fails to register pursuant to this section
 shall pay a late registration fee of $150.00 and may be subject to administrative
 penalties not to exceed $5,000.00 for each violation.
    (e) The Department of Housing and Community Development shall
 maintain the registration fees collected pursuant to this section in a special
 fund entitled the Rental Housing Safety Special Fund, the proceeds of which
 the Department shall use:
       (1) to hire authorized staff to administer the registry and registration
 requirements imposed in this section and in section 2478 of this title; and VT LEG #373069 v.1
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       (2) to provide funding to the Department of Public Safety to hire
 authorized staff to conduct inspections and regulate rental housing pursuant to
 20 V.S.A. chapter 173, subchapter 2.
 Sec. 3. DEPARTMENT OF PUBLIC SAFETY; POSITIONS
    (a) The Department of Public Safety is authorized to create five full-time,
 classified Inspector positions in order to conduct rental housing health and
 safety inspections and enforcement pursuant to 20 V.S.A. chapter 173,
 subchapter 2.
    (b) In fiscal year 2025, the amount of $200,000.00 is appropriated from the
 General Fund to the Department of Public Safety as one-time startup funding
 to hire one or more Inspector positions authorized pursuant to subsection (a) of
 this section.
    (c) The Department may hire additional Inspectors authorized by this
 section to the extent funds become available from the Rental Housing Safety
 Special Fund created and maintained pursuant to 3 V.S.A. § 2479.
 Sec. 4. DEPARTMENT OF HOUSING AND COMMUNITY
         DEVELOPMENT; POSITIONS
    (a) The Department of Housing and Community Development is
 authorized to create one full-time classified position and one half-time
 classified position to administer and enforce the registry requirements created
 in 3 V.S.A. § 2478.
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    (b) In fiscal year 2025, the amount of $200,000.00 is appropriated from the
 General Fund to the Department of Housing and Community Development as
 one-time startup funding to hire one or more of the positions authorized
 pursuant to subsection (a) of this section.
    (c) The Department may hire additional staff authorized by this section to
 the extent funds become available from the Rental Housing Safety Special
 Fund created and maintained pursuant to 3 V.S.A. § 2479.
 Sec. 5. EFFECTIVE DATES
    (a) This section and Sec. 1 (rental housing registry) shall take effect on
 passage.
    (b) The following sections shall take effect on July 1, 2024:
       (1) Sec. 3 (DPS positions); and
       (2) Sec. 4 (DHCD positions).
    (c) Sec. 2 (rental housing registration) shall take effect on January 1, 2025.
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