Victory for Vermonters: New Rulings Affirm Access to Emergency Housing
MONTPELIER, VT – September 25, 2025 – Following a significant victory last month, Vermont Legal Aid has secured two additional wins for clients seeking emergency housing. These consecutive wins underscore the principle that people who qualify for emergency housing can access 80 nights for the current fiscal year, regardless of nights used under last spring’s Executive Order.
Yesterday’s ruling from the Vermont Supreme Court denied the State’s request to stay the Human Services Board’s ruling that the State cannot deny emergency housing based on nights used before July 1, 2025. In a separate case, a Human Services Board Hearing Officer issued a new decision, granting a motion for summary judgment and reversing the Department’s denial of emergency housing for another client on the same grounds.
These recent decisions are a powerful reaffirmation of the original August ruling and have immediate implications for hundreds of Vermonters. By denying the state's motion, the Supreme Court has affirmed that the Human Services Board’s orders will remain in effect, providing stability for Vermonters who have won their housing appeals.
The new Human Services Board decision demonstrates that the Board intends to apply their previous ruling to all similarly situated persons who appeal providing a fresh start for access to 80 nights of emergency housing July 1.
“This decision recognizes that Vermont's most vulnerable residents—people with severe medical conditions, families with children, and others in crisis—shouldn’t face homelessness due to bureaucratic interpretations that go beyond what the law actually requires,” said Maryellen Griffin, a staff attorney for Vermont Legal Aid.
Vermont Legal Aid’s continued success in these cases highlights its commitment to fighting for housing justice and ensuring that all Vermonters—including families with children and individuals with acute medical needs—have access to safe housing.
Vermont Legal Aid is advising anyone who has been denied emergency housing based on having used up their 80-night benefit before July 1, 2025, to immediately appeal that denial with the Human Services Board. These recent wins show that the legal system is recognizing the clear legislative intent behind the emergency housing program.
Find information about how to appeal an emergency housing denial on our legal help website.
Read the decisions:
Press coverage: