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Legislative staff presents H.772 edits to let landlords bifurcate leases when a tenant requests it and to study dedicated housing docket
Summary
Legislative Council staff walked the committee through draft 2.1 of H.772, which references the statutory 'protected tenant' definition, narrows termination grounds to an 'ongoing' threat, allows landlords to bifurcate rental agreements on a victim's written request (and requires bifurcation on court order), and calls for a study on a statewide housing docket due Jan. 31, 2027.
Cameron Wood of the Office of Legislative Council presented draft 2.1 of a strike-all amendment to H.772 on April 29, saying the text incorporated changes suggested in recent testimony and legal review.
Wood said he removed a standalone definition of "actual or imminent threat" and instead cross-referenced the existing statutory definition of "protected tenant" in the residential rental agreement subchapter, which covers "a victim of domestic abuse, sexual assault, or stalking." Wood said that made the earlier threat definition unnecessary and aligned the bill with existing protections.
The draft also tightens termination grounds on page seven: termination would be limited to criminal activity, damage to the dwelling unit or premises, or acts of violence that present an "ongoing threat" to the safety of other residents. "The previous version said ongoing or repeated; we've removed 'repeated,'" Wood said, explaining the change narrows the standard the landlord must meet to seek ejectment.
A committee member raised concerns that "damage to the dwelling unit" is often a commercial or property concern and may not always indicate a threat to resident safety. "It seems like damage to the dwelling unit gets you into a whole area that's kind of a different category almost always," the member said, arguing that examples such as broken locks or plumbing problems may not fit neatly under the bill's safety-focused language. Wood and others discussed examples (a kicked-in door, a gas-line problem) where damage could reasonably endanger neighbors, and whether intentional damage would instead be captured by criminal-activity language.
On bifurcation, Wood said the updated text makes clear that a landlord "may approve" a protected tenant's written request to bifurcate a rental agreement and eject an individual who engages in abuse, sexual assault, or stalking; if a court order requires removal, the landlord "shall" bifurcate. Wood flagged the language change from "shall" to "may" as responsive to stakeholder input and said the "shall" requirement remains when a court order is attached.
Wood also noted intra-bill wording issues and explained the choice to use the statutory term "protected tenant" in the new bifurcation section while using the shorter word "tenant" in the termination section to avoid inconsistent phrasing across subchapters.
In addition to the substantive edits, Wood proposed a study provision directing the court administrator to report on the feasibility of implementing a dedicated statewide housing docket for residential rental agreement and ejectment actions. The draft sets a report deadline of "on or before Jan. 31, 2027" and asks the court to examine financial costs, workforce impacts, the number of judges and staff that would be necessary to resolve ejectment cases statewide within a specified time frame, and technical and facility needs. Wood said the proposal included a 90-day target as a placeholder and recommended consulting judiciary staff for a realistic timeline: "You all remember the testimony currently with the judiciary and they said their goal is to resolve cases within 180 days. I went with 90 here because that was referenced elsewhere as a placeholder," he said.
Members asked Wood to consult the judiciary (the chair asked Emery to contact Terry) about the schedule and workforce assumptions. The committee did not take a vote on H.772 and agreed to continue refining the language, placing the bill on the shelf pending further input and scheduling.
Why it matters: The bill aims to balance tenant safety and property rights by clarifying when landlords may pursue termination or use bifurcation to protect victims living in shared households. The proposed study on a dedicated housing docket would evaluate whether Vermont's courts can be structured and staffed to resolve housing disputes faster and more uniformly. Next steps: committee staff will solicit feedback from judiciary officials on the study timeline and continue drafting for a future committee meeting.
