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When Landlord Neglects Building, Should Tenants be Forced Out, or

Tuesday, November 15

  • Organization: The Brennan Center
  • Source: Montana/ Montana Advocate Resources
A group of displaced tenants, represented by Vermont Legal Aid, argued before the Vermont Supreme Court that the state should vigorously prosecute landlords for building code violations and force them to repair unsafe buildings rather than close the buildings and force the tenants to move. In 2002, the state forced four St. Albans tenants to move out of their apartments after the state condemned their building, which did not have even smoke detectors, as an "imminent fire hazard." The plaintiffs argue that instead of forcing the tenants to move, the state should have fined the landlord and ordered him to bring the building up to code. Maryellen Griffin, a lawyer with Vermont Legal Aid, says, "When the state is aware of housing violations it should use its powers to bring the building up to code. . . . The state only issued orders as a prelude to closing the building. That is not enough." Lawyers for the state attorney general disagree, saying, "Government in many respects must have discretion. There are too many variables to apply a rigid standard in all cases." An estimated 9,000 Vermont residents live in sub-standard housing. A decision is expected sometime next year. John Zicconi, State High Court Will Hear Dispute on Housing Code, Rutland Herald, Nov. 7, 2005, page reference unavailable.
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