Director Stuart Bennett Writes Editorial to BTV Free Press
Listing Date: 02/27/2004 10:04 AM
I am responding to the Free Press editorial dated February 10, 2004 entitled "Localizing Democracy." The editorial supported Burlington's request for a charter change which would allow Burlington to create more restrictive rules for Burlington landlords. The editorial characterized the request as a valid exercise of local control. I disagree.
I see the Burlington charter change as nothing more than an end run around Vermont's statewide landlord/tenant laws.
Burlington has long been the well-spring of tenant advocacy in Vermont. These advocates have consistently attempted to change state law to restrict the landlord's ability to manage and control their rental property.
Burlington advocates realize that they could not get legislative approval for a state-wide change to lengthen the time-frames required for landlords to regain control of their property. Consequently, they packaged the change in the Trojan Horse of local control. However, the Trojan Horse maneuver is not working because legislators recognize that;
- Private landlords were a minority on the Burlington task force that recommended the charter change.
- Burlington has a big tenant voting block.
- The time frames which Burlington argues are necessary to "protect renters from being tossed out of their homes into a tight rental market" are based on the false premise that good tenants are asked to leave for no reason. Moreover, the rental housing market in Burlington and greater Chittenden county has improved significantly. Landlords can wait a long time to find qualified tenants.
- The charter change is an attempt to assert municipal control over private capital. Let Burlington decide how to spend public money on municipal projects like the airport or local utilities, but leave private capital alone.
- The Burlington charter change will be the first of many requests from other chartered municipalities to carve out special rules for rental housing based on local politics.
If the legislature had intended for Burlington or any other municipality to opt out of the negotiated balance of Vermont landlord/tenant laws, it would have written enabling legislation to allow it. But they did not. Instead Burlington must demonstrate to the legislature that this charter change is not just a Trojan Horse being rolled past the sentries of fair and balanced state laws.
Stuart Bennett, is an attorney, landlord and Director of the Vermont Apartment Owners Association, LLC www.vermontapartmentowners.org
Stuart Bennett
985-8386 office
425-2362 home
Roscoe Rd
Charlotte ,Vt
|
