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Want to ban marijuana from your rental? Act now, lawyers say By Anne Wallace Allen

Anew marijuana law could create a hazy area for landlords and their lawyers.

In July, it became legal for Vermonters to grow and possess a small amount of marijuana for personal use. The issue of commercial marijuana sales is expected to come up in the Legislature next winter.

The new law makes it clear that landlords can ban tenants from using or possessing marijuana on their property. Landlords already have a right to ban many legal activities – such as the use of tobacco or alcohol – and marijuana is also illegal under federal law. Many leases ban all illegal activity from rentals.

Vermont landlords can also ban the use of medical marijuana, even if it has been prescribed by a doctor.

But with state and federal law on marijuana under heavy pressure to change, Vermont lawyers are advising their clients who are landlords to make their wishes more clear on leases now in order to avoid lawsuits down the road. It’s very difficult to change the terms of a lease once both parties have signed it and the tenant has moved in.

“Landlords can prohibit all marijuana use, and they commonly do,” said lawyer Andrew Subin, who works for Vermont Cannabis Solutions in Burlington. He said most standard leases prohibit all illegal activity.

“Enforcement of no-marijuana and no-smoking provisions in residential leases is another issue, as it is very difficult for landlords to police these things after the premises is occupied,” Subin said.

Benj Deppman, a Middlebury lawyer who specializes in property matters, said he is talking to his landlord clients now about whether they want to specify that tenants can’t use marijuana, even if it becomes commercially available.

“In my conversations with landlords, I’m asking them how they feel about this,” Deppman said. “It’s something we should be putting into the lease clearly, so we’re not relying on federal law, which could change.”

Deppman, co-chairman of the real estate law section for the Vermont Bar Association, said he expects the issue to come up among property owners and managers next year if Vermont lawmakers legalize marijuana sales. Even if it is legal in Vermont, a resident of federally subsidized housing could run into problems, he said.

“There’s a real issue there for a person who has a legitimate need for medical marijuana, and is living in federally subsidized housing,” he said. “They could lose their home simply by following doctor’s orders.“

Court cases have denied the use of marijuana as a reasonable accommodation under the federal Fair Housing Act, according to the Institute for Real Estate Management, or IREM, which put out a white paper for landlords on marijuana in 2016.

“Given the federal government’s express intention not to enforce the law, prohibiting use of marijuana may lead state courts to be more lenient,” the group said in its paper.

Subin said nobody in Vermont has sued over the right to use marijuana in a rental, to his knowledge.

“On the one hand, Vermont cannot require landlords to violate federal law,” he said. “On the other hand, there have been some states such as Massachusetts and Rhode Island which have enacted laws granting some level of protection to cannabis users in terms of rental leases, but these provisions have not been challenged.”

A bill pending in Congress would protect marijuana users who live in federally assisted housing from being evicted if they were following state law on the substance.

Rockingham-Clarendon Route 103 Roadway Project

FOR IMMEDIATE RELEASE

Contact:       Natalie Boyle                  

                    802.855.3893

                   nboyle@eivtech.com

Rockingham-Clarendon Route 103 Roadway Project

RUTLAND, VT—November 10, 2018-- The Vermont Agency of Transportation would like to notify the public that it has become necessary for the Rockingham-Clarendon Route 103 paving project to hold over until Spring of 2019. Due to weather, surface conditions and other unforeseen construction factors, work along this 42-mile project was not able to be completed in 2018 as anticipated.

Winter shut down activities are underway and will include paving a leveling course over the existing milled surface and hot-in-place recycled surface from Chester to Mount Holly. Also, paving temporary fillets alongside road and driveway aprons as required to create smooth transitions and allow for proper winter maintenance, along with other highway-related items.

Once all winter shut-down work has been completed, the 40-mph work zone speed reduction will be removed until the spring when work resumes. Once weather permits in the spring, Pike will resume paving the remaining 14 miles of wearing course from Chester to Mount Holly, including side road and driveway aprons.

Thank you for your assistance and cooperation throughout this portion of the 2018-2019 construction season. You may contact Project Outreach Coordinator Natalie Boyle at (802) 855-3893 or nboyle@eivtech.com if you have any questions or concerns.

Present Laughter

Candidates for VT Senate and House Debate on Thursday, October 25 in Heald Auditorium

On Thursday, October 25 at 7 PM eight candidates for the Vermont Senate and House will meet in a Candidates' Forum in the Heald Auditorium at Ludlow Town Hall.

The event, sponsored by FOLA, will concentrate on issues facing the state and local region.

Participating in the panel are six candidates for the Windsor County seats in the Vermont Senate and the two candidates vying for the Rutland-Windsor-2 (RW2) House seat that represents Ludlow, Mount Holly, and Screwsbury.

The participating Windsor County Senate Candidates will include:  Alison Clarkson, Dem; Randy Gray, Rep; Dick McCormack, Dem; Alice Nitka, Dem; Mason Wade, Ind; and Jack Williams, Rep. Invited, but not responding, was Wayne Townsend, Rep.

The RW2 candidates are Peter Berger, Ind; and Logan Nicoll, Dem.

The forum will be moderated by Ralph Pace. Brigid Sullivan will participate as time-keeper.

The forum will follow procedures limiting candidate response time and offering candidates an opportunity to express reasons for voting for them following the completion of questions from the moderator and audience members. The event will be video recorded by Okemo Valley TV.

For additional information, call (802)228-7239.

November activities for the FM Youth Library

Fall Story Time

Wednesdays

10:30-11:30 am

Best Suited for ages 5 and under

Children and their caregivers are invited to join us each week for early literacy activities, STEM explorations, music and more!

Read With Sailor

Thursday November 29, 2018

3:00-4:00pm

If you haven’t been to the library to meet Sailor the Reading Dog, here’s  your chance. Sailor and his friend Arlene visit once a month and are always excited meet new friends. Sailor especially enjoys being read to and can’t wait to hear a new story or two. Reading to a dog is known to strengthen the readers confidence while providing an opportunity to practice literacy skills.

Creative Coloring Fridays

Everyone loves to color! Drop by the library anytime between 10:30am-4:30pm and let your creative juices start flowing. Coloring sheets for all ages and ability levels will be available as well as colored pencils, gel pens and markers. Use our supplies or bring your own from home. Bring a child, grandchild or even a friend and come relax and unwind at the library.

Monday Night Movie

Monday November 26, 2018

5:00-7:00

Walt Disney Studios ©Presents

The Incredibles II

Snacks Provided

November STEM Night

Monday November 19, 2018

5:00-6:00pm

Football Frenzy!

Are you a football fanatic or just learning about the sport? At this month’s STEM Night, we’ll investigate all things football and be challenged to create our own mini goal posts and kicking devices. Go team!

CLiF Kickoff and  VT Author Visit

To Ludlow Elementary

Thursday November 8, 2018

Grades PreK- 2^nd :

9:30-10:30am

Grades 3^rd-6^th: 10:30-11:30

Help Fletcher Memorial Youth Library and LES kick-off their rolls as joint recipients of a 2018-2019 Children’s Literacy Foundation Rural Libraries Grant. Vermont author and storyteller Michael Caduto will be on hand to provide students with two interactive storytelling presentations. Home school families welcome.

Crafty Tuesdays

3:00-4:00pm

Grades K & Up

November 6^th- Crafts will be @ 1:00pm due to ½ of school

Dia de Los Muertos Craft- Create a colorful craft to celebrate the Day of the Dead

13^th- Burlap Owls- Whoo likes Owls? If it’s you then you won’t want to miss this owl-some craft!

20^th-Turkey Windsocks- Gobble Gobble-it’s almost Thanksgiving. Make a cute Turkey decoration to hang up at home.

27^th- Foam Plate Printing- First you’ll draw a design on a special plate. Next, add some paint, press onto paper and violá- you have a one of a kind masterpiece!

Ludlow Rotary Joins Okemo Valley Chamber in Mixer, October 22

The Ludlow Rotary Club is looking forward to celebrating  ROTARY WEEK the week of October 21- 26th.  On the evening of Monday, October 22nd we are joining with the Okemo Valley Chamber in a joint Mixer to share highlights of our mission, our accomplishments, and local fundraising results. So Chamber members and friends of Ludlow Rotary mark your calendars for Monday, Oct 22nd from 5:30 to 7:30 at DJ's Restaurant.  Best selling author, Dr. Linda Thomson, considered one of the world’s leading experts in the field of pediatric clinical hypnosis, will also be joining us.

Join us for light fare and a cash bar and conversation with your community neighbors. The program will begin shortly after 6 PM.  The 50/50 raffle that evening will be supporting the eradication of Polio, one of Rotary's longtime commitments.

Any questions please contact Rotary President Brigid Sullivan at 259-2274.