Background and Credit Check Fees for Residential Housing Rentals in Vermont

The Issue

9 V.S.A. § 4456a states that "A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

There are competing interpretations of this law on whether or not "background check fees" or "credit check fees" are included in this statute. Many argue that passing on the direct cost of a background or credit check is permissible; however, some property managers charge such a fee to put you on their waiting list and never run the check.

Vermont Legal Aid advises that it is their belief that these fees are included in the intent of 9 V.S.A. § 4456a and illegal under Vermont Law, but that challenging them could prevent a landlord from renting to you.

This petition asks that the Vermont Legislature amend 9 V.S.A. § 4456a to clarify its intent:

"A landlord or a landlord's agent shall not charge any fee, including application fees and/or background or credit check fees, to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

This petition had 7 supporters

The Issue

9 V.S.A. § 4456a states that "A landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

There are competing interpretations of this law on whether or not "background check fees" or "credit check fees" are included in this statute. Many argue that passing on the direct cost of a background or credit check is permissible; however, some property managers charge such a fee to put you on their waiting list and never run the check.

Vermont Legal Aid advises that it is their belief that these fees are included in the intent of 9 V.S.A. § 4456a and illegal under Vermont Law, but that challenging them could prevent a landlord from renting to you.

This petition asks that the Vermont Legislature amend 9 V.S.A. § 4456a to clarify its intent:

"A landlord or a landlord's agent shall not charge any fee, including application fees and/or background or credit check fees, to any individual in order to apply to enter into a rental agreement for a residential dwelling unit."

The Decision Makers

Thomas Stevens
Thomas Stevens
Vermont State Representative, Chair, House Committee on General, Housing, and Military Affairs
Vermont State Senate
2 Members
Alison Clarkson
Vermont State Senate - Windsor District
Randy Brock
Vermont State Senate - Franklin District
Former State Senate
2 Members
Michael Sirotkin
Former State Senate - Vermont-chittenden
Becca Balint
Former State Senate - Vermont-windham
Former State House of Representatives
2 Members
John Killacky
Former State House of Representatives - Vermont-chittenden-7-3
Mary E. Howard
Former State House of Representatives - Vermont-rutland-5-3
Vermont House of Representatives
2 Members
R. Campbell
Vermont House of Representatives - District Caledonia-Essex
Lisa Hango
Vermont House of Representatives - District Franklin-5

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Petition created on September 9, 2022