VLA Legal Win Gives Access to Emergency Housing for Hundreds
FOR IMMEDIATE RELEASE / August 7, 2025
Access to Emergency Housing for Hundreds of Vulnerable Vermonters
MONTPELIER, VT – The Vermont Human Services Board today issued a decision that stopped the government from denying emergency housing on the basis that the person had used emergency housing before July 1. The Board found that the Legislature granted 80 days of emergency housing starting July 1, 2025, to people who need it, ruling that the Administration cannot count days before July against recipients. This is particularly important for the 400 families with children and people with acute medical needs who lost their housing on July 1, when an executive order providing emergency housing assistance expired.
The decision, issued in Fair Hearing No. T-06/25-549, centers on the case of H.D., a woman with Stage 5 kidney disease who requires dialysis three times per week and uses a wheelchair for mobility. After receiving emergency housing assistance through the Governor’s Executive Order 03-25 from April through June 2025, she was told those days counted against her 80-day annual limit, which would have left her without shelter until December 2025.
The Human Services Board ruled that the Department for Children and Families incorrectly applied the 80-day cap by counting days from the previous fiscal year (2025) against the current fiscal year's (2026) limit. The Board found this interpretation violated the clear instructions from the Legislature.
“I was terrified about having to live in a tent again with my medical conditions,” H.D. said in a statement provided through her legal counsel. “When it gets cold, my catheter for dialysis could freeze, and if it gets wet that could cause a life-threatening infection. This decision means I might actually have safe housing options while I continue looking for permanent housing.”
The decision could have far-reaching implications for Vermont's emergency housing program, which serves some of the state's most vulnerable populations. Under the Board's interpretation, individuals who were previously told they had exhausted their 80-day limit would essentially get a fresh start as of July 1, 2025, when the new fiscal year began.
Key findings from the decision include:
- The plain language of Vermont's Fiscal Year 2026 appropriations act (Act 27) limits the 80-day cap only to housing received in the current fiscal year.
- Days received under Executive Order 03-25 (April-June 2025) cannot be counted against the FY2026 limit.
The Board noted inconsistencies in how the Department has applied the 80-day rule, including initially treating Executive Order 03-25 housing as waiving the cap, then later counting those days against recipients' limits.
Legal implications and next steps
Vermont Legal Aid, which represented H.D. in the case, called the decision a significant victory for housing justice. The state has 30 days to decide whether to appeal to the Vermont Supreme Court.
“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.
The ruling comes as Vermont continues to grapple with a housing crisis that has left thousands of people, including hundreds of children, relying on the state's emergency housing program. With winter still months away and only 116 days until the December 1 start of the emergency winter housing period, the decision provides breathing room for recipients to plan their housing strategy.
Advice for currently denied applicants
Legal advocates are advising anyone currently denied emergency housing based on having exceeded the 80-day limit to:
- Ask the Human Services Board for a Fair Hearing.
- Contact Vermont Legal Aid and Legal Services Vermont for help.
- Reapply for emergency housing assistance at 1-800-479-6151.
The Department for Children and Families has not yet announced how it will implement the decision or whether it plans to appeal.
Background on Vermont’s emergency housing program
Homelessness in Vermont has more than tripled since the pandemic, with over 4,500 people, including over 1,000 children, now homeless, according to the latest data in the Point in Time report. Vermont's General Assistance emergency housing program was established to provide temporary shelter for vulnerable populations, including families with children, individuals with serious medical conditions, and others facing homelessness.
Contact Information: Maryellen Griffin, Staff Attorney, Vermont Legal Aid, mgriffin@vtlegalaid.org, 802-424-4711