Access to Emergency Housing for Hundreds of Vulnerable Vermonters

MONTPELIER, VT – August 7, 2025 – 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:
• File an appeal with the Human Services Board
https://humanservices.vermont.gov/human-services-board
• Contact Vermont Legal Aid and Legal Services Vermont for assistance,
https://www.vtlawhelp.org/how-we-can-help
• Reapply for emergency housing assistance
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 tripled since the pandemic, with over 3,000 people,
including 600 children, now homeless according to the latest Point in Time count.
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, mgriffin@vtlegalaid.org , 802-424-
4711