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H 885

An act relating to use of public lands by individuals for life-sustaining activities

2025-2026 Regular Session Introduced by Conor Casey and 3 co-sponsors

Prohibits municipalities from restricting life-sustaining activities on public lands, while expanding protections against housing-status discrimination across housing, public accom

Read first time and referred to the Committee on Human Services
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WeVote Research Nonpartisan
Bill Summary · H 885

Overview

  • Bill: H.885
  • Session: 2025-2026 (Vermont)
  • Committee: Human Services
  • Status: Introduced; read first time and referred to the House Committee on Human Services (as of Feb 4, 2026)
  • Purpose: Prohibit municipal and county regulation of the use of public lands for life-sustaining activities, with limited exceptions; broaden protections against discrimination by adding "housing status" to several Vermont anti-discrimination statutes.

Main purpose and intent

  • The bill aims to ensure that individuals experiencing homelessness may use public lands for life-sustaining activities (e.g., resting, sleeping, seeking shelter, storing personal belongings) without local municipal or county restrictions, except in specified circumstances.
  • It also seeks to reduce criminalization of homelessness and to strengthen protections against discrimination based on housing status in housing-related and public-accommodations contexts.

Key provisions and changes

Use of public lands for life-sustaining activities

  • Section 2295a: Authority of municipalities and counties
    • Prohibits municipalities and counties from regulating or prohibiting the use of municipal property for life-sustaining activities.
    • Defines terms:
    • Adequate alternative indoor space: space that is legally and physically accessible and does not require sacrificing other rights.
    • Alternative indoor space: permanent housing, transitional housing, community-based shelter, or other temporary emergency shelter accessible within the community and allowing households to stay intact. May include tiny homes if they meet safety and facility requirements.
    • Life-sustaining activities: moving, resting, sitting, standing, lying down, sleeping, protection from elements, eating, drinking, self-regulation, and storing personal property.
    • Exceptions:
    • The provision does not apply if a municipality has sufficient adequate alternative indoor spaces available.
    • It does not apply if a municipality designates a growth center, downtown, or village center as available for life-sustaining activities.
  • Sec. 3: Supersession
    • The act supersedes conflicting municipal charters, ordinances, bylaws, or rules.

Enforcement and remedies

  • Section 2295b: Enforcement and right of action
    • Attorney General can sue municipalities or officials for violations; can seek declarations and injunctions.
    • Vermont Human Rights Commission has jurisdiction over housing-status discrimination in public accommodations.
    • Private right of action for individuals adversely affected.
    • Courts can grant equitable relief, costs, and attorney’s fees to prevailing plaintiffs.
    • Jurisdiction in the Civil Division of the Superior Court; remedies available without requiring exhaustion of administrative remedies.
    • No immunity from federal or state court challenges for violations.

Expanded anti-discrimination protections (housing status)

  • 9 V.S.A. amendments:
    • Definitions updated to include "housing status" (actual or perceived homeless status).
    • Public accommodations (9 V.S.A. § 4502) added housing status as a protected characteristic.
    • Unlawful housing practices (9 V.S.A. § 4503) expanded to prohibit discrimination based on housing status in selling/renting housing, services, and related notices and practices.
    • Prohibitions on discriminatory advertising or real estate practices to include housing status.
    • Land-use discrimination (9 V.S.A. § 4503(12)) added as a protected consideration in housing decisions.
  • 10 V.S.A. updates
    • Definitions include housing status (for related programs and assistance definitions in § 601).
  • 21 V.S.A. amendments (employment)
    • Unlawful employment practices include housing status as a protected characteristic.
    • Prohibitions on employment advertising and discriminatory practices include housing status.
    • Harassment definitions reference housing status in the workplace.
  • 33 V.S.A. amendments
    • State policy on public assistance and housing status included (definition of housing status in policy language).

Definitions and related terminology

  • Housing status: clarified as the actual or perceived status of being homeless, or a homeless person as defined by federal law (42 U.S.C. § 11302).

Effective date

  • Section 12 states the act takes effect on passage.

Who would be affected

  • Municipalities and counties: restricted from prohibiting or regulating life-sustaining activities on public lands, subject to limited exceptions.
  • Individuals experiencing homelessness: broader access to life-sustaining use of public spaces, and greater protection from discrimination based on housing status.
  • Public accommodations, housing providers, employers, and labor organizations: expanded protections against discrimination based on housing status.
  • State agencies and the Vermont Attorney General and Human Rights Commission: empowered to enforce provisions, bring actions, and adjudicate claims related to housing status discrimination and violations of life-sustaining-use rules.

Procedural and timeline aspects

  • Introduced and referred to the House Committee on Human Services on February 4, 2026.
  • The act includes immediate applicability upon passage (no transition period stated in the text).
  • Provides enforcement pathways (state and private actions), with a broad scope for remedies and attorney’s fees to prevailing plaintiffs.

Potential implications and considerations

  • Benefits:
    • Could reduce criminalization of homelessness and improve safety and dignity for unsheltered individuals.
    • Provides a framework for municipalities to address life-sustaining needs without punitive enforcement.
    • Strengthens anti-discrimination protections for housing status across public accommodations, housing, employment, and related services.
  • Challenges:
    • Local governments may need to identify and establish adequate alternative indoor spaces or designate growth centers/downtowns for life-sustaining activities.
    • Implementation costs for creating or expanding indoor spaces and shelter capacity.
    • Enforcement coordination between AG, Human Rights Commission, and courts.

Compiled from official sources — confirm details with the bill’s official record.

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