9 V.S.A. § ___ § 4504
Rental of housing; exemptions
Operative Text
The provisions of section 4503 of this title relating to the rental of a dwelling shall not apply: (1) If the dwelling unit is inadequate, under applicable laws and ordinances relating to occupancy, to house all persons who intend to live there. (2) If the dwelling unit is in a building with three or fewer units and the owner or a member of the owner’s immediate family resides in one of the units, provided any notice, statement, or advertisement with respect to the unit complies with subdivision 4503(a)(3) of this title. (3) To the refusal to rent to a person because the person is under the age of majority. (4) To limit a landlord’s right to establish and enforce legitimate business practices necessary to protect and manage the rental property, such as the use of references. However, this subdivision shall not be used as a pretext for discrimination in violation of this section. (5) To a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, that limits the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in that religion is restricted on the basis of race, color, or national origin. The religious restriction or preference must be stated in written policies and procedures of the religious organization, association, or society. (Added 1987, No. 74, § 1; amended 1987, No. 253 (Adj. Sess.), § 3; 1989, No. 89, § 3; 2013, No. 50, § E.236.)
Vermont's 9 V.S.A. ch. 139 § 4504 carves out specific situations where the fair-housing rental protections of § 4503 do not apply. These exemptions cover scenarios such as owner-occupied small buildings (three units or fewer), dwellings that are legally inadequate for the intended occupants, refusals based on a prospective tenant being a minor, legitimate non-discriminatory business practices like reference checks, and rentals by qualifying religious organizations that limit occupancy to members of their faith. Each exemption is narrowly defined, and the provision explicitly guards against using any exemption as a cover for unlawful discrimination.
Plain English — not legal advice.
Property owners and managers operating under one of the categories described in 9 V.S.A. ch. 139 § 4504 generally document the specific basis for any exemption they rely on—such as maintaining records showing owner-occupancy in a small building or written policies for a qualifying religious organization. Operators who invoke the legitimate-business-practices exemption under subdivision (4) typically apply their criteria consistently and in a non-discriminatory manner, since the statute expressly prohibits using that exemption as a pretext for discrimination. Landlords relying on the small-building owner-occupancy exemption under subdivision (2) are generally careful to ensure that any advertising or notices still comply with § 4503(a)(3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 9 V.S.A. ch. 139 § 4504, a landlord's claim that an exemption applies does not automatically remove all fair-housing protections, particularly if the exemption is being used as a pretext for discrimination. Tenants who believe a landlord has improperly invoked one of these exemptions—for example, claiming a business-practice justification while actually engaging in discriminatory conduct—may have grounds to raise that issue through Vermont's civil rights enforcement channels or by consulting a tenant-rights organization familiar with state fair-housing law. Reviewing the specific conditions attached to each exemption in § 4504 can help tenants assess whether a landlord's stated reason for a refusal genuinely falls within the statute's scope.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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References In
Rules and statutes that cite this regulation