The House General and Housing Committee on Friday, April 4 continued hearings on H.169, a bill that would add citizenship and immigration status as protected categories under Vermont’s Fair Housing and Public Accommodations Act. Witnesses from the Vermont Human Rights Commission and Vermont Legal Aid testified about gaps in current law, landlord concerns about tenant verification, and federal rules affecting courtroom procedures.

Big Hartman, executive director and general counsel of the Vermont Human Rights Commission, told the committee citizenship and immigration status are not expressly protected in Vermont’s existing statutes and said federal case law has narrowly construed “national origin” so it does not reliably cover immigration status. “National origin…is pretty narrowly construed by the federal courts to not include immigration status or citizenship,” Hartman said. Hartman said adding the categories would protect people who are denied housing or services because of their immigration status or because others assume they belong to a protected group.

Mary Ellen Griffin, a staff attorney at Vermont Legal Aid, answered committee questions about the Servicemembers Civil Relief Act and the use of Social Security numbers in civil proceedings. Griffin said courts and the Department of Defense database (DMDC) allow searches using name and date of birth without a Social Security number and that the DMDC user guidance explicitly states a Social Security number is not required. “The Social Security number is not required,” Griffin said. She described options judges have if a filer cannot conclusively determine whether a defendant is in military service, including ordering a bond to protect a defendant later found to be in service.

Committee members raised recurring concerns from landlords about how to verify applicants’ identities and perform background or credit checks when applicants do not provide Social Security numbers. Some members said landlords use Social Security numbers as a practical tool for screening; others asked whether Vermont identification documents are available to undocumented residents and whether obtaining state ID creates safety concerns for immigrants.

Hartman and multiple committee members said outreach and training will be needed if the law changes. Hartman described the Human Rights Commission’s training for property managers and landlords and noted the commission and community partners such as CVOEO would do additional education if protections are added. He also cited four states with similar protections—California, New York, Illinois and Washington—saying some jurisdictions impose broader landlord liabilities than H.169 envisions.

Griffin said small‑claims and other civil filings commonly proceed without Social Security numbers and offered practical courtroom experience: judges sometimes require a DMDC printout when a filer seeks a default judgment, but the DMDC query can be made with name and date of birth. She explained that if a filer cannot determine whether a defendant is in military service, the court may require a bond; the bond would indemnify a defendant later found to be in service and whose judgment is set aside.

Committee discussion also touched on language access (Hartman said national origin protections often cover language issues), the difference between citizenship and the broader set of immigration statuses, potential federal preemption (members repeatedly observed that federal law would control if state and federal obligations conflicted), and exceptions for entities subject to federal requirements. The committee chair said the committee will gather additional testimony next week on state forms of ID, how those IDs are issued, and whether they provide landlords the information they need to verify identity and perform tenant screening.

No formal votes were taken. The committee scheduled further discussion and testimony when it reconvenes next week; the chair said the committee likewise will weigh differences between H.169 and the Senate housing bill that contains related but different language.