Burlington's 'just cause' eviction proposal fails. How are people reacting?

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Vermont lawmakers failed to override Gov. Phil Scott's veto of a proposed Burlington charter change that would protect tenants in rental properties from eviction without "just cause."

The override vote failed in the Vermont House of Representatives by just one vote, 99-51. At least 100 representatives needed to vote yes for the override to be successful.

As a result, the bill is now dead.

The charter change would have meant that landlords would no longer be able to evict tenants without a reason, or cause. The bill had defined the reasons that would meet the standard of "just cause" for eviction, including a tenant's breach of a written rental agreement, failure to pay rent, substantial damage to the property by the tenant or tenant's guest, and criminal activity on the property, according to the bill, H.708.

A small army of lawyers organized by Vermont Volunteer Lawyers Project show up at Vermont Superior Court in Burlington to help renters who face eviction proceedings. RYAN MERCER/FREE PRESS
A small army of lawyers organized by Vermont Volunteer Lawyers Project show up at Vermont Superior Court in Burlington to help renters who face eviction proceedings. RYAN MERCER/FREE PRESS

Why did Gov. Scott veto the just cause eviction bill?

Burlington voters had approved the charter change in 2021 — about 63% of people who voted said yes to the change. Charter changes approved by voters must be passed by the Vermont Legislature and signed by the governor before they can take effect.

The governor said he vetoed the bill because he believed it would do more harm than good. He said he felt the law "effectively creates the potential for perpetual tenancy, undermining private property rights and a foundational principle of choosing to rent your property."

"By making it exceedingly difficult to remove tenants from a rental unit, even at the end of a signed lease, my fear is this bill will discourage property owners from renting to vulnerable prospective tenants, or to rent their units at all," Scott wrote in a letter to lawmakers. He added, "Instead, more preference will be given to renters with high credit scores, no criminal history, and positive references from previous landlords, creating further disparity for Vermonters."

More: Gov. Scott has rejected Burlington's attempt to limit evictions. Here's what that means.

A sign in Burlington encouraging voters to say no to a ballot item regarding "just cause" evictions got marked up to read "yes." Feb. 25, 2021.
A sign in Burlington encouraging voters to say no to a ballot item regarding "just cause" evictions got marked up to read "yes." Feb. 25, 2021.

Vermont lawmakers, advocates react to failure to override Scott's veto

Lawmakers and housing advocates expressed dismay at the House's failure to override Scott's veto.

"Heartbreaking to see this fail by one vote," wrote Sen. Kesha Ram Hinsdale, a Chittenden County Democrat, on Twitter. She added that Scott "vetoed housing stability for renters when it achieved two thirds support in #BTV and nearly the same margin in the House."

Members of Burlington's Progressive Caucus also condemned Scott's refusal to allow the bill to move forward. Gene Bergman, the Progressive City Councilor from Ward 2 in Burlington, called the governor's veto "shameful" and called on Scott and others who supported the action to immediately deal with the rental crisis in Burlington.

"Their rejection makes a mockery of local control, of the idea that our cities and towns can be and are 'laboratories of democracy,' and that they care about people who are struggling to keep a roof over their heads," Bergman wrote in a statement. "They have failed us.”

Rights and Democracy, a nonprofit that advocated for the measure, said it was especially concerned for low-income tenants and tenants who are Black, Indigenous, or other people of color in light of the veto because they are the residents most often impacted by housing injustice.

"We are ready to continue fighting alongside all of the fierce activists, advocates, and movement champions in our state who are committed to building a future in which we all have the housing we need to thrive," the organization stated in a news release.

Both the advocates and governor alike say they are committed to continuing the discussion around access to housing for all Vermonters.

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Contact Elizabeth Murray at 802-310-8585 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.

This article originally appeared on Burlington Free Press: Vermont House fails to override Phil Scott's just cause eviction veto