A procedural hiccup means Winooski voters will need to weigh in on a charter change effort to end “no cause” evictions twice — once on Town Meeting Day and again at a later date.
“We have not yet found in statute any requirement on when that needs to be held,” said City Manager Elaine Wang, who is awaiting legal advice on the matter.
Activists pushing for the tenant protections statewide are concerned this could delay Winooski’s effort by a year. “We’ve had some really dedicated activists working on this for months now,” said Tom Proctor, a housing organizer with Rights and Democracy.
Winooski residents submitted the voter-backed charter change petition on Dec. 13, and the city ratified it the following day. The snafu involves the time required by statute for posting legally required public hearings.
Not being familiar with the special statutory requirements of voter-backed versus city-initiated charter changes, Wang said city officials recommended hearing dates at the City Council’s Jan. 3 meeting before posting those dates on Jan. 10.
By state statute, the first hearing on a voter-backed charter change must be warned 30-40 days in advance and held more than 30 days before the vote. City officials soon realized “we were inadvertently out of compliance with state law,” Wang said.
“So the first date recommended to Council was too early. We also posted too late for the second date to serve as the first hearing,” she wrote in an email.
Because of the procedural glitch, even if the measure passes on March 7, the city is required to hold a “validation vote” afterward.
Proctor said it’s possible but unlikely the measure could still pass and be sent to the Legislature this year. “As a housing justice advocate and activist who has worked with some fantastic people in Winooski getting this onto the ballot, it’s obviously incredibly galling and very frustrating,” he said.
Proctor was among roughly a dozen people who showed up at Tuesday’s City Council meeting to urge officials to keep the measure on the Town Meeting Day ballot, despite the timing problems.
The council agreed to do so, setting new public hearings for Jan. 26 and Feb. 4.
That came as a relief to Andy Blanchet, who advocated for the measure at Tuesday’s meeting.
A longtime renter who was evicted in 2020 when the building they lived in was sold, Blanchet said their roommates were forced to leave the city because they could not find an affordable apartment.
“The just cause eviction charter change is important to me because I don’t see myself becoming a homeowner any time soon as a working class person in Winooski,” Blanchet said.
Landlords in Vermont can decline to renew a tenant’s lease without providing a reason. “Just cause” eviction policies protect tenants from such evictions by requiring landlords to have a legal justification. They also include provisions that prohibit de-facto evictions through excessive rent increases. Advocates say this helps keep renters in their homes, creates more equitable housing and provides safeguards against racial discrimination.
About 65% of Winooski residents are renters, many of whom are immigrants and people of color. Last year, two dozen families at an apartment complex faced no cause evictions until officials and activists intervened.
In a letter read by Proctor at Tuesday’s meeting, Sen. Tanya Vyhovsky, P/D-Chittenden Central, also urged the council to keep the measure on the ballot. “By delaying this vote you postpone their right to vote on tenant protections and could potentially put hundreds of more citizens in danger of being evicted in the interim. Citizens that by and large, will be statistically more likely to be marginalized community members.”
The continued activism for the Winooski effort means “more work for a lot of people who don’t have the time or energy to have to go through this procedural nonsense,” Proctor said. “But it’s really great that they were ready to show up when asked because they obviously see the importance of this charter change.”
Blanchard said they plan to continue to educate friends and neighbors on Winooski’s effort. They said they love living in Winooski and have seen firsthand how challenging it is to find housing.
“I don’t understand how a working class town like Winooski can become unlivable for workers,” they said. “If I want to be able to continue to work here, be part of the community here and be engaged in local issues here, I need just cause eviction to at least feel like I have a chance to do that.”
The measure also will be on the ballot in Brattleboro and Essex, and petition efforts are underway in St. Albans and Montpelier, according to Proctor. A similar measure passed in Burlington but was vetoed by Gov. Phil Scott last year.