Vermont Rental Law: Criminal History and Your Rights

Navigating rental applications in Vermont can feel overwhelming, especially when sensitive topics like criminal history come up. If you’re concerned about what a landlord can legally ask about your criminal past in Vermont, you’re not alone. This guide breaks down what state law says, your rights under federal and Vermont fair housing rules, and what to do if you believe you’ve been treated unfairly.

Understanding Criminal History Questions in Vermont Rental Applications

Landlords in Vermont often check applicants’ backgrounds as part of tenant screening. Here’s how criminal history fits in:

• Vermont landlords are allowed to ask about criminal convictions during the rental application process.
• However, there are important limits set by federal and state fair housing laws.
• Landlords must have a legitimate business reason for denying an application based on criminal history, and blanket bans are discouraged.

Vermont follows both federal requirements under the Fair Housing Act and its own anti-discrimination laws under Vermont’s Residential Rental Agreements Act and the Vermont Fair Housing and Public Accommodations Act.^1,2

Federal Fair Housing Protections for Renters with Criminal Records

The U.S. Department of Housing and Urban Development (HUD) clarifies that landlords cannot adopt a blanket policy of denying all applicants with any criminal history. Instead, they must consider:

• The nature and severity of the offense
• How long ago it occurred
• Whether it justifies denying the rental based on safety or property protection

Arrest records that did not lead to convictions generally cannot be used as the sole reason for denial. Additionally, discrimination based on race, color, national origin, or other protected classes—even when tied to criminal records—remains illegal under federal law.

When Can a Vermont Landlord Deny Housing Due to Criminal History?

Landlords in Vermont can consider certain criminal convictions, but they must be careful not to engage in discrimination. The Vermont Human Rights Commission (official fair housing guidance) enforces these protections. Examples of legal and illegal practices:

• It is not permitted to deny all applicants with any type of record without careful consideration.
• Landlords should review each case individually, accounting for the circumstances and the type of offense.
• Certain convictions, such as those for manufacturing methamphetamine on federally assisted housing, can result in mandatory denial due to federal law.

If you feel a criminal record was unfairly used to deny you housing—or if you suspect discrimination—you may have grounds to file a complaint.

How to File a Fair Housing Complaint in Vermont

If you believe you were denied housing or experienced discrimination related to your criminal history, you can contact the Vermont Human Rights Commission or file a complaint online.

• Vermont Human Rights Commission handles discrimination complaints statewide
• How to File a Complaint – step-by-step instructions and online form
• Form: Fair Housing Intake Questionnaire (no form number)
  Use this form to begin your complaint. Complete and submit via email or online as instructed: Download the official Fair Housing Intake Questionnaire (PDF)

After review, the Commission will contact you to discuss the next steps.

What Legislation Protects Vermont Renters?

• Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137) governs most landlord-tenant relationships
• Vermont Fair Housing and Public Accommodations Act (9 V.S.A. Chapter 141) protects renters from discrimination, including those with certain criminal records
• Federal Fair Housing Act applies to nearly all Vermont residential rentals

The Vermont Human Rights Commission is the official agency handling complaints and investigations relating to housing discrimination. The Vermont Judiciary also oversees disputes and legal matters through its Civil Division.³

FAQ: Vermont Landlords and Criminal History Checks

1. Can a landlord reject my application just because I have a criminal record?
   Not always. Vermont landlords must consider the details of your case and cannot use a blanket policy. Federal and state discrimination laws limit what criminal records can be the sole reason for denial.
2. Is it legal for my landlord to ask about arrests, not convictions?
   Generally, landlords should not deny your application based only on arrests that did not result in convictions. Policies that reject applicants based solely on arrest records may be discriminatory.
3. Can all types of criminal convictions disqualify me from renting?
   No. Only certain serious offenses—such as crimes related to sex offenses or drug manufacturing in federally assisted housing—will automatically disqualify you. Other offenses should be considered case by case.
4. What should I do if I think I was denied housing because of my criminal history?
   You can file a complaint with the Vermont Human Rights Commission using their online intake form or contact them for help.
5. Where can I find official guidance or help?
   Visit the Vermont Human Rights Commission or review Vermont Fair Housing law for full details on your rights.

Key Takeaways for Vermont Renters

• Vermont landlords can ask about and consider criminal history, but they must follow fair housing laws that protect against discrimination.
• If a criminal record is used to deny you housing, you have a right to file a complaint with the Vermont Human Rights Commission.
• Always review your rights under both state and federal law before applying for rentals.

Knowing your rights helps you defend yourself against unfair rental practices.

Need Help? Resources for Renters

• Vermont Human Rights Commission – Discrimination inquiries and complaints
• Tenant Fair Housing Information – Guidance for Vermont renters
• Vermont Judiciary – Civil Division for resolving rental disputes
• Vermont Residential Rental Agreements Act – Full tenancy law text

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Fair Housing and Public Accommodations Act (9 V.S.A. Chapter 141)
3. Vermont Human Rights Commission

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