Charter amendment would let Burlington redraw wards and let city council set tenant‑notice rules, counsel says

Tucker Anderson, legislative counsel, told the committee that H 508 would remove fixed ward descriptions from the Burlington charter and authorize the City Council to change election‑area boundaries and to approve them at a city meeting. “Those that are striking through, they’re stating that those will remain in effect until changed by the City Council, which is authorized to make changes from time to time,” Anderson said, noting the text also limits boundary changes to “not more frequently than once in every 5 years.”

Anderson said the charter language contains no statutory trigger for periodic redistricting (for example, following the decennial census) and that there is no required timetable; he noted a possible ambiguity if a court of competent jurisdiction orders redistricting. “I am not certain whether a decision from a court of competent jurisdiction stating that there are equal protection violations with ward boundaries, how that would be interpreted here,” Anderson said, and suggested adding a clause to allow court-ordered redrawing within the five‑year limitation.

The amendments would also change landlord‑tenant provisions in the charter. Anderson summarized the proposed language as removing the floor of a 90‑day or 120‑day minimum notice and giving the City Council authority to set the content, timing and manner of advance written notice for tenancy terminations and for rent or lease‑term changes. The charter text would allow “special notice requirements for vulnerable populations, including tenants who are older Vermonters, individuals with disabilities, and individuals with low income.”

Committee members asked whether the three populations are defined elsewhere in statute and whether general law would fill in ambiguous charter language; Anderson said that if the terms are defined in statute, those statutory meanings would bind the council, but if not, the council would have discretion. He also reminded the committee that under general statute tenant notice from a tenant to a landlord is typically “one rental payment period” and landlord notice to a tenant is typically 30 days, and that the proposed charter language would give Burlington discretion to set different timelines by ordinance.

Legislative counsel and members discussed technical drafting issues, the need for words that “have fixed meaning” when defining boundaries and the potential for judicial or statutory interaction if wards are challenged. The committee did not take a vote on H 508 at the hearing.