appropriate amount of time to make the repairs necessary. While allowing the landlord a reasonable amount of time to make repairs, the tenant must be sure to allow the landlord reasonable access to the dwelling to be able to complete the work. See 9 V.S.A. § 4460. The “reasonable amount of time” to make repairs will depend on the specific facts of the case at hand. If the tenant has no heat in the winter, a landlord will be expected to address that situation within a day or two. If walls have cracked and paint is chipping, the landlord may be afforded a month or so to repair the deteriorated paint and walls.
If the landlord fails to make timely repairs, the tenant or her advocate should send
notice to the landlord of the repairs still needed, and indicate what remedies the tenant will put into effect and when. If the landlord still does not make the necessary repairs, and the tenant decides to withhold rent, it is advisable for her to place it in escrow. Once the landlord completes the repairs, if the tenant incurred no damage, she can release the withheld rent monies to the landlord. If the tenant did incur damages, for instance, if she had no water and was forced to purchase her own, drive to a neighboring town to shower at the home of a relative, and so forth, she may want to seek a rent abatement from the landlord for the period of noncompliance.
Special Provisions for Tenants in Subsidized Housing Any person who was a Section 8 voucher holder or resident of public housing
should contact the Housing Authority that manages their project-based section 8 apartment or that has oversight over their Section 8 voucher. The Housing Authority will ensure that the rental unit is brought into compliance with HUD’s Housing Quality Standards promptly. If the unit is uninhabitable while repairs are being made, project- based section 8 dwellers are entitled to have their relocation costs covered by the Housing Authority, and the Authority will pay for their temporary housing expenses. Volunteer attorneys should check the following link:
http://www.hud.gov/offices.
Housing Resources for Homeless Families and Individuals Immediately After the Disaster
Vermont 2-1-1 will be able to make referrals to emergency shelters in the immediate aftermath of a disaster, or to direct callers to the appropriate Disaster Recovery Resource Center. In general, households who are evacuated or who are rendered temporarily rendered homeless are expected to utilize shelter services made available through voluntary agencies rather than renting hotel or motel rooms. FEMA may deny lodging- related expenses where emergency shelter was available as an alternative.
Under new provisions of the Stafford Act, individuals with disabilities and households with pets are supposed to be given appropriate accommodations. Emergency shelter with a pet-friendly option must be provided where emergency shelter has been determined to be necessary in a presidentially declared disaster area. For disabled individuals, accessible accommodations must be arranged.
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