Fair Housing Act Complaint - Vermont

VERMONT FAIR HOUSING ACT COMPLAINT

1. CAPTION

STATE OF VERMONT

SUPERIOR COURT — [____________________] UNIT, CIVIL DIVISION

Docket No. [____________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

1. Violation of the Vermont Fair Housing and Public Accommodations Act (9 V.S.A. § 4503);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (9 V.S.A. § 4503; 42 U.S.C. § 3604(f)). [if disability is at issue]

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [TOWN/CITY, COUNTY], Vermont, and a person aggrieved by a violation of 9 V.S.A. ch. 139.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling or other real estate at issue.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Subject property. The dwelling or other real estate at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of 9 V.S.A. § 4501.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this private civil action under 9 V.S.A. § 4506(a), which authorizes an aggrieved person to bring an action for injunctive relief, compensatory and punitive damages, and any other appropriate relief in the Superior Court of the county in which the violation is alleged to have occurred.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in the [____________________] Unit because the alleged violation occurred in this county and the Property is located here (9 V.S.A. § 4506(a)).

3.4. No exhaustion required. Under 9 V.S.A. § 4506(d), the initiation or completion of an investigation by the Vermont Human Rights Commission is NOT a condition precedent to filing this action.

3.5. Timeliness. This action is filed within the applicable limitations period.

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by Vermont's fair-housing law. 9 V.S.A. § 4503 prohibits housing discrimination because of race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, citizenship, immigration status, or disability, or because a person intends to occupy a dwelling with one or more minor children, is a recipient of public assistance, or is a victim of abuse, sexual assault, or stalking.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., recipient of public assistance, sexual orientation, gender identity, marital status, age, citizenship/immigration status, disability (________), intent to occupy with minor children, victim of abuse/sexual assault/stalking].

4.4. Defendant engaged in one or more of the following unfair housing practices:

☐ Refusal to sell or rent, refusal to negotiate, or otherwise making unavailable or denying a dwelling or other real estate (9 V.S.A. § 4503(a)(1))
☐ Discrimination in, or harassment regarding, the terms, conditions, privileges, and protections of sale or rental, or in services or facilities (§ 4503(a)(2))
☐ Discriminatory notice, statement, or advertisement (§ 4503(a)(3))
☐ Misrepresenting that a dwelling or real estate is unavailable when it is in fact available (§ 4503(a)(4))
☐ Improper disclosure of a tenant's/occupant's status as a victim of abuse, sexual assault, or stalking to harass, retaliate, coerce relocation, or recover possession (§ 4503(a)(5))
☐ Discrimination in real-estate-related/financial transactions, brokering, or appraising (§ 4503(a)(6))
☐ Blockbusting for profit (§ 4503(a)(7))
☐ Denial of access to a multiple-listing service, real estate brokers' organization, or similar service (§ 4503(a)(8))
☐ Refusal to permit reliance on aids such as attendants, specially trained animals, wheelchairs, or similar appliances; or refusal of reasonable accommodation/modification (disability) (§ 4503(a)(9))
☐ Steering
☐ Coercion, threat, interference, or retaliation against a person who exercised or assisted in fair-housing rights (§ 4506(e))
☐ Source-of-support discrimination — refusing a Housing Choice Voucher/Section 8 or other public assistance (recipient of public assistance) (§ 4503(a))
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/emotional-support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — VERMONT FAIR HOUSING AND PUBLIC ACCOMMODATIONS ACT (9 V.S.A. § 4503)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unfair housing practices prohibited by 9 V.S.A. § 4503 (and, as to coercion/interference/retaliation, § 4506(e)) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact cognizable under Vermont's fair-housing law and the federal FHA).

5.4. Plaintiff is entitled to the relief authorized by 9 V.S.A. § 4506(a)-(b), including injunctive relief, compensatory and punitive damages, costs, and reasonable attorney's fees.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex (including sexual orientation or gender identity) / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under 9 V.S.A. § 4501 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises (including reliance on aids such as attendants, specially trained animals, wheelchairs, or similar appliances under 9 V.S.A. § 4503(a)(9)) necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of 9 V.S.A. § 4503(a)(9) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to compensatory and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial (9 V.S.A. § 4506(a)).

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Vermont's fair-housing statute expressly authorizes punitive damages in the private action (9 V.S.A. § 4506(a)); punitive damages are likewise available under 42 U.S.C. § 3613(c)(1). Defendant acted with malice or reckless indifference to Plaintiff's rights.

8.4. Attorney's fees and costs: The court may award costs and reasonable attorney's fees to a prevailing aggrieved person under 9 V.S.A. § 4506(b) and 42 U.S.C. § 3613(c)(2).

8.5. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages as authorized by 9 V.S.A. § 4506(a) and 42 U.S.C. § 3613(c)(1);
• D. For a declaration that Defendants' conduct violated Vermont and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For costs and reasonable attorney's fees under 9 V.S.A. § 4506(b) and 42 U.S.C. § 3613(c)(2);
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to V.R.C.P. 38.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Vermont that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [TOWN/CITY], Vermont.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Vermont ERN/Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[TOWN/CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Complaint was served on the following in accordance with V.R.C.P. 4 (summons) / V.R.C.P. 5 by [personal service / mail / electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. VERMONT PRACTICE NOTES

• Enforcing agency. The Vermont Human Rights Commission investigates and may enforce fair-housing complaints (9 V.S.A. ch. 141); the Vermont Attorney General's Civil Rights Unit also handles certain civil-rights matters. Either the Commission or the aggrieved person may bring suit.
• Protected classes (among the broadest in the U.S.). 9 V.S.A. § 4503: race, sex, sexual orientation, gender identity, age, marital status, religious creed, color, national origin, citizenship, immigration status, disability, intent to occupy a dwelling with one or more minor children, recipient of public assistance, and victim of abuse/sexual assault/stalking. Citizenship and immigration status were added by Act 69 (2025), effective July 1, 2025 — this also bars requiring a Social Security number on rental applications and requires acceptance of alternative identification.
• Administrative charge vs. direct court suit — NO exhaustion. Election is permissive AND there is no exhaustion requirement: under 9 V.S.A. § 4506(d), initiation or completion of a Human Rights Commission investigation is NOT a condition precedent to filing suit. An aggrieved person may file with the Commission OR sue directly in Superior Court.
• Limitations periods.
• State court (private § 4506 action): chapter 139 contains NO express limitations period. Vermont courts generally apply the 6-year general civil period (12 V.S.A. § 511), though a 3-year personal-injury period (12 V.S.A. § 512) has been applied to some discrimination claims. This is UNSETTLED — confirm before filing and do not assume the longest period.
• Human Rights Commission complaint: confirm the Commission's current intake deadline (administered under ch. 141).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. 9 V.S.A. § 4506(a) expressly authorizes injunctive relief plus compensatory AND punitive damages, with discretionary costs and attorney's fees to a prevailing aggrieved person (§ 4506(b)). There is no statutory damages cap.
• Exemptions. 9 V.S.A. § 4504 exempts owner-occupied buildings of three or fewer units where the owner or a family member resides, and allows certain religious-institution preferences stated in written policies; mobile-home-park provisions appear at 10 V.S.A. § 6236. Confirm whether any exemption applies before filing.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor the case in Vermont Superior Court.

15. SOURCES AND REFERENCES

• 9 V.S.A. § 4503 (unfair housing practices; protected classes) — https://legislature.vermont.gov/statutes/section/09/139/04503
• 9 V.S.A. § 4506 (enforcement; civil action; retaliation) — https://legislature.vermont.gov/statutes/section/09/139/04506
• 9 V.S.A. ch. 139 (Fair Housing and Public Accommodations) — https://legislature.vermont.gov/statutes/fullchapter/09/139
• Act 69 (2025) — Housing Access for Immigrant Families (citizenship/immigration status) — https://www.cvoeo.org/media/expansion-in-vermont-fair-housing-law-protections
• Vermont Human Rights Commission — Fair Housing Complaint — https://hrc.vermont.gov/complaint
• GLAD — Housing Discrimination in Vermont — https://www.gladlaw.org/issues/housing-discrimination-vermont/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Vermont must review and customize this document before filing. Verify all statutory citations and court rules before use.