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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

139

:
DISCRIMINATION; PUBLIC ACCOMMODATIONS; RENTAL AND SALE OF REAL ESTATE











 

§

4503. Unfair housing practices

(a) It shall be

unlawful for any person:

(1) To refuse to

sell or rent, or refuse to negotiate for the sale or rental of, or otherwise

make unavailable or deny, a dwelling or other real estate to any person because

of the race, sex, sexual orientation, gender identity, age, marital status,

religious creed, color, national origin, or disability of a person, or because

a person intends to occupy a dwelling with one or more minor children, or

because a person is a recipient of public assistance.

(2) To

discriminate against, or to harass any person in the terms, conditions, or

privileges of the sale or rental of a dwelling or other real estate, or in the

provision of services or facilities in connection therewith, because of the

race, sex, sexual orientation, gender identity, age, marital status, religious

creed, color, national origin, or disability of a person, or because a person

intends to occupy a dwelling with one or more minor children, or because a

person is a recipient of public assistance.

(3) To make,

print, or publish, or cause to be made, printed, or published any notice,

statement, or advertisement, with respect to the sale or rental of a dwelling

or other real estate that indicates any preference, limitation, or discrimination

based on race, sex, sexual orientation, gender identity, age, marital status,

religious creed, color, national origin, or disability of a person, or because

a person intends to occupy a dwelling with one or more minor children, or

because a person is a recipient of public assistance.

(4) To represent

to any person because of the race, sex, sexual orientation, gender identity,

age, marital status, religious creed, color, national origin, or disability of

a person, or because a person intends to occupy a dwelling with one or more

minor children, or because a person is a recipient of public assistance, that

any dwelling or other real estate is not available for inspection, sale, or

rental when the dwelling or real estate is in fact so available.

(5) Repealed.]

(6) To

discriminate against any person in the making or purchasing of loans or

providing other financial assistance for real-estate-related transactions or in

the selling, brokering, or appraising of residential real property, because of

the race, sex, sexual orientation, gender identity, age, marital status,

religious creed, color, national origin, or disability of a person, or because

a person intends to occupy a dwelling with one or more minor children, or

because a person is a recipient of public assistance.

(7) To engage in

blockbusting practices, for profit, which may include inducing or attempting to

induce a person to sell or rent a dwelling by representations regarding the

entry into the neighborhood of a person or persons of a particular race, sex,

sexual orientation, gender identity, age, marital status, religious creed,

color, national origin, or disability of a person, or because a person intends

to occupy a dwelling with one or more minor children, or because a person is a

recipient of public assistance.

(8) To deny any

person access to or membership or participation in any multiple listing

service, real estate brokers' organization, or other service, organization or

facility relating to the business of selling or renting dwellings, or to

discriminate against any person in the terms or conditions of such access,

membership, or participation, on account of race, sex, sexual orientation,

gender identity, age, marital status, religious creed, color, national origin,

or disability of a person, or because a person is a recipient of public

assistance.

(9) To

discriminate in the sale or rental of a dwelling because a person relies upon

aids such as attendants, specially trained animals, wheelchairs, or similar

appliances or devices but the owner shall not be required to modify or alter

the building in any way in order to comply with this chapter. An owner shall

permit, at the expense of the person with a disability, reasonable

modifications of existing premises occupied or to be occupied by the person

with a disability if the modifications are necessary to afford the person full

enjoyment of the premises. The owner may, if reasonable, require the person to

agree to restore the premises to the condition that existed before the

modification, reasonable wear and tear excepted, but the owner may not require

an additional security deposit for this purpose.

(10) To refuse

to make reasonable accommodations in rules, policies, practices, or services

when such accommodations may be necessary to afford a person with a disability

equal opportunity to use and enjoy a dwelling unit, including public and common

areas.

(11) To fail to

comply with provisions or rules pertaining to covered multifamily dwellings, as

defined in 20 V.S.A. § 2900(4) and pursuant to 20 V.S.A. chapter 174.

(12) To

discriminate in land use decisions or in the permitting of housing because of

race, sex, sexual orientation, gender identity, age, marital status, religious

creed, color, national origin, disability, the presence of one or more minor

children, income, or because of the receipt of public assistance, except as

otherwise provided by law.

(b) The

provisions of subsection (a) of this section with respect to discrimination in

sales and rentals of dwellings on the basis of age or on the basis of a

person's intention to occupy with one or more minor children shall not apply to

the sale or rental of a dwelling in a housing complex:

(1) intended

for, and solely occupied by, persons 62 years of age or older;

(2) intended and

operated for occupancy by at least one person 55 years of age or older per

unit. This subsection shall only apply if the following conditions are met:

(A) the housing

complex has significant facilities and services specifically designed to meet

the physical or social needs of older persons, or if it is not practicable to

provide those facilities and services, that the housing complex is necessary to

provide important housing opportunities for older persons;

(B) at least 80

percent of the units are occupied by at least one person 55 years of age or

older per unit, except that a newly constructed housing complex in which first

occupancy will begin after enactment of this act need not comply with this

subsection until 25 percent of the units are occupied; and

(C) there are written

and enforced policies and procedures which demonstrate an intent by the owner

or manager to provide housing for persons 55 years of age or older; or

(3) established

under any federal or State program specifically designed and operated to assist

elders, as defined in the federal or State program.

(c) The housing

exemption in subsection (b) of this section shall not fail to apply due to

persons residing in such dwellings as of July 1, 1989, who do not meet the age

requirements of subsection (b) of this section, provided that new occupants of

such dwellings meet the age requirements of that subsection, and that

unoccupied units as of July 1, 1989 are reserved for occupancy by persons who

meet the age requirements of that subsection. (Added 1987, No. 74, § 1; amended

1987, No. 253 (Adj. Sess.), § 2; 1989, No. 89, § 2; 1991, No. 135 (Adj. Sess.),

§ 12; 2007, No. 41, § 15; 2011, No. 137 (Adj. Sess.), § 6, eff. May 14, 2012;

2013, No. 31, § 11; 2013, No. 96 (Adj. Sess.), § 32.)