2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 29 - Community Development › § 699. Vermont rental housing improvement program

§ 699. Vermont rental housing improvement program
(a) Creation of Program.
(1) The Department of Housing and Community Development shall design and implement the Vermont Rental Housing Improvement Program, through which the Department shall award funding to statewide or regional nonprofit housing organizations, or both, to provide competitive grants and forgivable loans to private landlords for the rehabilitation, including weatherization and accessibility improvements, of eligible rental housing units.
(2) The Department shall develop statewide standards for the Program, including factors that partner organizations shall use to evaluate applications and award grants and forgivable loans.
(3) A landlord shall not offer a unit created through the Program as a short-term rental, as defined in 18 V.S.A. § 4301, for the period a grant or loan agreement is in effect.
(b) Eligible rental housing units. The following units are eligible for a grant or forgivable loan through the Program:
(1) Non-code compliant.
(A) The unit is an existing unit, whether or not occupied, that does not comply with the requirements of applicable building, housing, or health laws.
(B) If the unit is occupied, the grant or forgivable loan agreement shall include terms:
(i) that prohibit permanent, involuntary displacement of the current residents;
(ii) that provide for the temporary relocation of the current residents if necessary to perform the rehabilitation; and
(iii) that ensure that the landlord complies with the affordability requirements of the Program following the rehabilitation.
(2) New units. The unit will be:
(A) a newly created accessory dwelling unit that meets the requirements of 24 V.S.A. § 4412(1)(E);
(B) a newly created unit within an existing structure;
(C) a newly created residential structure that is a single unit; or
(D) a newly created unit within a newly created structure that contains five or fewer residential units.
(c) Administration. The Department shall require a housing organization that receives funding under the Program to adopt:
(1) a standard application form that describes the application process and includes instructions and examples to help landlords apply;
(2) an award process that ensures equitable selection of landlords, subject to a housing organization’s exercise of discretion based on the factors adopted by the Department pursuant to subsection (a) of this section; and
(3) a grant and loan management system that ensures accountability for funds awarded.
(d) Program requirements applicable to grants and forgivable loans.
(1) A grant or loan shall not exceed $50,000.00 per unit. In determining the amount of a grant or loan, a housing organization shall consider the number of bedrooms in the unit and whether the unit is being rehabilitated or newly created.
(2) A landlord shall contribute matching funds or in-kind services that equal or exceed 20 percent of the value of the grant or loan.
(3) A project may include a weatherization component.
(4) A project shall comply with applicable building, housing, and health laws.
(5) The terms and conditions of a grant or loan agreement apply to the original recipient and to a successor in interest for the period the grant or loan agreement is in effect.
(6) The identity of a recipient and the amount of a grant or forgivable loan are public records that shall be available for public copying and inspection and the Department shall publish this information at least quarterly on its website.
(e) Program requirements applicable to grants. For a grant awarded through the Program, the following requirements apply for a minimum period of five years:
(1) A landlord shall coordinate with nonprofit housing partners and local coordinated entry organizations to identify potential tenants.
(2)(A) Except as provided in subdivision (2)(B) of this subsection (e), a landlord shall lease the unit to a household that is exiting homelessness or actively working with an immigrant or refugee resettlement program.
(B) If, upon petition of the landlord, the Department or the housing organization that issued the grant determines that a household exiting homelessness is not available to lease the unit, then the landlord shall lease the unit:
(i) to a household with an income equal to or less than 80 percent of area median income; or
(ii) if such a household is unavailable, to another household with the approval of the Department or housing organization.
(3)(A) A landlord shall accept any housing vouchers that are available to pay all, or a portion of, the tenant’s rent and utilities.
(B) If no housing voucher or federal or State subsidy is available, the total cost of rent for the unit, including utilities not covered by rent payments, shall not exceed the applicable fair market rent established by the Department of Housing and Urban Development.
(4)(A) A landlord may convert a grant to a forgivable loan upon approval of the Department and the housing organization that approved the grant.
(B) A landlord who converts a grant to a forgivable loan shall receive a 10-percent credit for loan forgiveness for each year in which the landlord participates in the grant program.
(f) Requirements applicable to forgivable loans. For a forgivable loan awarded through the Program, the following requirements apply for a minimum period of 10 years:
(1)(A) A landlord shall accept any housing vouchers that are available to pay all, or a portion of, the tenant’s rent and utilities.
(B) If no housing voucher or federal or State subsidy is available, the cost of rent for the unit, including utilities not covered by rent payments, shall not exceed the applicable fair market rent established by the Department of Housing and Urban Development.
(2) The Department shall forgive 10 percent of the amount of a forgivable loan for each year a landlord participates in the loan program.
(g) [Repealed.]
(h) Lien priority. A lien for a grant converted to a loan or for a forgivable loan issued pursuant to this section is subordinate to:
(1) a lien on the property in existence at the time the lien for rehabilitation and weatherization of the rental housing unit is filed in the land records; and
(2) a first mortgage on the property that is refinanced and recorded after the lien for rehabilitation and weatherization of the rental housing unit is filed in the land records. (Added 2021, No. 181 (Adj. Sess.), § 6, eff. June 7, 2022; amended 2023, No. 47, § 40, eff. July 1, 2023.)