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Lawyers with Vermont Legal Aid filed a class-action lawsuit against state officials on Tuesday, a last-ditch effort to stop the imminent eviction of homeless people living in motels as part of a pandemic-era housing program.
The lawyers argue that the state failed to properly change the program rules and did not give participants proper notice, leaving them desperate and confused about when their motel stays would actually end.
“We think it’s really wrong to terminate this program, but at least they need to do it legally if they are going to do it,” said Rebecca Plummer, a Vermont Legal Aid attorney in Montpelier.
The attorneys are calling on a Washington County Superior Court judge to block the evictions until suitable housing is found for the motel residents. A hearing on the petition is scheduled for 8:30 a.m. Thursday in Montpelier, the same day many of those in the motels are currently scheduled to leave.
Gov. Phil Scott argued last week that the program needed to end because it was never designed to house people indefinitely, just to keep them separate from one another to reduce transmission of COVID-19 during the pandemic.
The plan had been to oust about 800 people from the program on Thursday and most of the remaining 2,000 people on July 1.
Those deadlines were modified last week when Scott announced the July 1 date would be extended by up to 28 days. A new program also has expanded eligibility to include families with children up to 18 years old.
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- File: James Buck
- Darryl Phillips at Harbor Place in 2021
Despite the relief, Plummer said the ever-changing deadlines are a major issue, leaving individuals unsure how they’ll be affected.
“People are confused and stressed, and that’s a big problem with this at this point,” she said.
Some people in the program weren't personally notified of the changes, Plummer said. Instead, the state mailed the change announcements to motel owners, she said.
“You’ve got to get notice to people in a way that they are going to get it, and usually that means you mail it to them at the address you have for them,” Plummer said. “You don’t give it to a private entity to pass along the news.”
A spokesperson for Gov. Scott deferred comment to the Vermont Attorney General's Office, which will represent the state in the lawsuit.
Vermont Legal Aid successfully challenged a past effort to end the program. It filed a similar suit in 2021, arguing that changes to the motel program would be devastating for homeless people with disabilities. The suit resulted in a settlement that expanded the rules for those with disabilities.
Meanwhile, the state continued funding the program with federal dollars until lawmakers slashed the program in the coming year's budget.