§ 4452 — Exclusions

(a) Unless created to avoid the application of this chapter, this chapter does not apply to any of the following:
(1) occupancy at a public or private institution, operated for the purpose of providing medical, geriatric, educational, counseling, religious, or similar service;
(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;
(3) occupancy by a member of a fraternal, social, or religious organization in the portion of a building operated for the benefit of the organization;
(4) transient occupancy in a hotel, motel, or lodgings during the time the occupancy is subject to a tax levied under 32 V.S.A. chapter 225;
(5) occupancy by the owner of a condominium unit or the holder of a proprietary lease in a cooperative;
(6) rental of a mobile home lot governed by 10 V.S.A. chapter 153;
(7) transient residence in a campground, which for the purposes of this chapter means any property used for seasonal or short-term vacation or recreational purposes on which are located cabins, tents, or lean-tos, or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units, including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, and van campers;
(8) transient occupancy in a hotel, motel, or lodgings during the time the occupant is a recipient of General Assistance or Emergency Assistance temporary housing assistance, or occupancy in a hotel or motel funded by federal Emergency Rental Assistance administered by the Department for Children and Families through September 30, 2025, regardless of whether the occupancy is subject to a tax levied under 32 V.S.A. chapter 225;
(9) occupancy of a dwelling unit without right or permission by a person who is not a tenant; or
(10) transient occupancy by an occupant placed in a hotel, motel, or lodgings in connection with health care treatment or recovery, where the occupancy is paid for by a hospital as licensed in 18 V.S.A. chapter 43, an agency designated pursuant to 18 V.S.A. § 8907, or a specialized service agency operating under an agreement entered into pursuant to 18 V.S.A. § 8912, regardless of whether the occupant is subject to a tax levied under 32 V.S.A. chapter 225.
[Subsection (b) effective until July 1, 2026; see also subsection (b) effective July 1, 2026 set out below.]
(b)(1) Notwithstanding subsections 4463(b) and 4467(b) and section 4468 of this chapter only, a recovery residence may immediately exit or transfer a resident if all of the following conditions are met:
(A) the recovery residence has developed and adopted a residential agreement:
(i) containing a written exit and transfer policy approved by the Vermont Alliance for Recovery Residences or another certifying organization approved by the Department of Health that:
(I) addresses the length of time that a bed will be held in the event of a temporary removal;
(II) establishes the criteria by which a resident can return to the recovery residence in the event of a temporary removal; and
(III) ensures a resident’s possessions will be held not less than 60 days in the event of permanent removal;
(ii) designating alternative housing arrangements for the resident in the event of an exit or transfer, including contingency plans when alternative housing arrangements are not available;
(iii) describing the recovery residence’s substance use policy, which shall exempt the use of a resident’s valid prescription medication when used as prescribed; and
(iv) indicating that by signing a residential agreement, a resident acknowledges that the recovery residence may cause the resident to be immediately exited or transferred to alternative housing if the resident violates the recovery residence’s substance use policy or engages in acts of violence that threaten the health or safety of other residents;
(B) the recovery residence has obtained the resident’s written consent to its residential agreement, reaffirmed after seven days;
(C) the resident violated the substance use policy in the residential agreement or engaged in acts of violence that threatened the health or safety of other residents; and
(D) the recovery residence has provided or arranged for a stabilization bed or other alternative temporary housing.
(2) Relapse of a substance use disorder resulting in exiting a recovery residence shall not be deemed a cause of the resident’s own homelessness for purposes of obtaining emergency housing.
(3) As used in this subsection, “recovery residence” means a shared living residence supporting persons recovering from a substance use disorder that:
(A) provides tenants with peer support and assistance accessing support services and community resources available to persons recovering from substance use disorders; and
(B) is certified by an organization approved by the Department of Health and that is either a Vermont affiliate of the National Alliance for Recovery Residences or another approved organization.
[Subsection (b) effective July 1, 2026; see also subsection (b) effective until July 1, 2026 set out above.]
(b) [Repealed.] (Added 1985, No. 175 (Adj. Sess.), § 1; amended 1987, No. 116, § 1; 1987, No. 252 (Adj. Sess.), § 1; 2007, No. 196 (Adj. Sess.), § 1; 2015, No. 58, § E.321.3; 2015, No. 126 (Adj. Sess.), § 2; 2019, No. 177 (Adj. Sess.), § 1, eff. October. 12, 2020; 2021, No. 83 (Adj. Sess.), § 54a, eff. March 16, 2022; 2023, No. 163 (Adj. Sess.), § 3, eff. July 1, 2024; 2023, No. 163 (Adj. Sess.), § 5(a), eff. July 1, 2026.)