“It’s been a labor of love,” said Senior Partner, Evan Chadwick.  “The support we have gotten from the town has been wonderful.  We are excited to open our doors to the community.”

Chadwick Spensley & Fox is a general practice law firm, with offices located in the Vermont towns of Brattleboro, Pittsford, Randolph and now Chester.

“We handle all forms of legal representation,” said Chadwick.  “From real estate, to estate planning to litigation in criminal, family and civil courts.  We have experienced professionals able to assist in all facets of the law.”

Consultations are by appointment only and can be scheduled by calling 802-374-0049 or by visiting chadwickandspensley.com.

Although the law office is complete, the remainder of the building remains under construction, which will hold two residential apartments; a 3 bedroom 1.5 bath upstairs, and a 1 bed, 1 bath downstairs.  

“It’s impossible to nail an exact deadline for completion at this time,” said Chadwick.  “The hope is to be accepting rental applications by the end of the year.”

Housing Discrimination Complaints Increase

A significant portion of the new cases involve complaints surrounding housing. Aggravated by the COVID pandemic and the moratorium on evictions, housing disputes have been developing for years and, with the eviction stay lifted, many of these cases are just recently weaving their way through civil court.

Big Hartman, the Executive Director of the HRC argued that they need to double their staff to address the record setting year. Currently, the HRC has 4 attorneys, 3 which investigate complaints and 1 who litigates cases in front of the Vermont Superior Court.

How do Human Rights Commission Complaints Resolve?

9 VSA Chapter 141 provides that a complaint brought before a judge or jury in the county the allegations occurred can result in a finding of discrimination and an award of damages, attorneys fees and costs.

Many HRC complaints resolve through negotiated agreements between the parties. The HRC is ordered by statute to remain neutral in their investigation and to only issue their findings which will either support a complaint to be filed in civil court or for the matter to be dismissed.

How Can Landlords Defend Themselves?

Those facing a HRC complaint have the right to counsel and the right to present evidence in support of their defense. It is not uncommon for a tenant to file an HRC complaint after they have learned that they are going to be evicted. When allegations of discrimination are brought, after the initial investigation phase, and a recommendation of a finding for discrimination, the matter can become public record. It may be important to evaluate this potential blemish on one’s business reputation in determining what the appropriate course of action in charting either a defense to the charge or a way to minimize the impact the HRC complaint will have on your business.

The foregoing content is for informational purposes only and should not be considered legal advice. Any specific legal questions should be directed to a Vermont licensed attorney.

Can Anything Be Done to Reduce My Tax Bill?

32 VSA § 4403 provides for a limited window each year to appeal your tax appraisal. The statute provides only 14 days from the receipt of the valuation to request this appeal to the board of civil authority. Any untimely appeals would be required to wait until the following year before being heard.

Inspection Requirement

The statute provides that at least members of the board shall inspect the property within 30 days of the hearing. This site visit is required before an appeal determination is rendered.

Appeal to Director of Civil Court

Should the taxpayer disagree with the board’s determination, they have a right to appeal to the director of the civil court in the county where the property is located. This appeal must occur within 30 days of the board’s decision and shall be filed with the Superior Court.

What Can Be Done to Prepare for a Vermont Real Estate Tax Appeal?

There are no hard and fast requirements for evidence to be presented to the board of civil authority. However, in order to best argue a reduction in the taxed value, enlisting the services of a real estate appraiser can be the most compelling evidence.

Appraisers are qualified to determine a fair market value of the property and, if requested, to testify as to their findings in front of both the board and director of the superior court. A list of certified Vermont real estate appraisers can be found HERE.

This is not legal advice and should not be construed as such. All legal questions should be directed to a licensed Vermont attorney.

An Enhanced Life Estate Deed also referred to as a Lady Bird Johnson Deed (courtesy of President Lyndon Johnson) has served an important role in many Vermont landowner’s estate plan for many years. The basic premises of an ELED is to convey property to a third party (often children or grandchildren) that reserves all rights to the owner, while they are alive.

It is important to distinguish a life estate deed from that of an ELED. While a Life Estate Deed only bequests to the grantor a right to reside at the premises for their natural life, the Vermont Enhanced Life Estate Deed Act provides the following protections:

(a) a common law life estate, with the exclusive use, possession, and enjoyment of the property; and (b) the right to convey the property (emphasis added).

Simply put, if you convey an ELED, you do not forfeit any rights while you are alive and, if you decide at a later date to sell the property, or convey it in a different way then is set forth in the ELED, you have the right to do so by executing a new conveyance instrument such as a deed or mortgage.

Does a Vermont Enhanced Life Estate Deed Avoid Probate?

In simple terms, a legally executed ELED allows the named Grantees title ownership upon the Grantor’s death. Similar to a transfer upon death designation (TOD), the asset avoids the need for probate and thus limits the complexity of the estate when it is time to appoint an executor and begin seeking court approval for the transfer of assets to the named beneficiaries.

Seek the Right Advice for Limiting the Complexity of Your Vermont Estate

Although no one can fully predict what the future will bring, there are reasonable steps that can be taken in order to lighten the burden on your loved at the time of your passing. An Enhanced Life Estate Deed may just be one of those steps you can take now, to meaningfully lighten that load now, while ensuring some peace of mind for those dearest to you.

Disclaimer

The above content should only be considered informational. None of the content should be considered legal advice. Readers of this content should consult with their own attorney regarding any specific questions they have on estate planning or any other legal matter surrounding it.

The frustration for many propective Vermont homebuyers has become readily apparent as elevated interest rates persevere and the housing supply remains low. The Wall Street Journal has recently reported that 2023 home sales are on track for the slowest year since 2011. Given this trend, those who have been holding off on making an offer in fear of a bidding war may see an opening to purchase a home at or below listing price as the housing market enters winter market.

Can You Afford At Least 2 Years of Higher Interest Rates?

Recent releases from the U.S. Federal Reserve have provided little optimism that interest rates will fall anytime soon. In fact, as reported by CNN, most federal officials expect at least one more quarter point rise before rates remain flat for an extended period of time.

With this reality, homebuyers must ask whether they can afford mortgage rates, which remain above 7%, for an extended period of time. Running a budget projection using a Mortgage Calculator is a great way to start this analysis. Using this tool will not only provide you with a monthly mortgage payment based on a certain purchase price, but will also provide an amortization schedule that will show the amount of interest you will be expected to pay over a set period of time.

Do the Cold Winter Months Provide a Buying Opportunity?

According to a 2021 study by Attom, the fall and winter months provide the best buying opportunity. It was reported in the Attom study that October saw a slim 2.9% premium on fair market value, compared to an 11.5% premium in May. This ultimately means that the lack of inventory and interest as fall turns to winter has compelled many homebuyers to accept a lower offer when the cost of maintaining the home begins to rise from the increase in heating fuel and, especially in the northeast region, snow removal.

Is Appreciation in the Vermont Real Estate Market Beating Inflation?

Housing prices in Vermont rose by close to 9% in 2021 and more than 10% in 2022, according to the latest financial report from the state’s Department of Finance and Management. The State has anticipated an additional 8.9% increase in Vermont housing prices in 2023.

With current inflation rates at 3.7% and the Federal Reserves continued efforts to dampen inflation down to the 2% mark, the Vermont housing market appears to be a solid investment based on the anticipated continued rise in housing value.

When Other’s Fly it May be Time to Buy

Finding a real estate deal in Vermont has become increasingly difficult due to the tailwinds that buyers are facing. A combination of inflation, increased interest rates and lack of inventory have limited the opportunities for those looking to jump into the ever-appreciating Vermont housing market. However, there still remain deals to be had if prospectors are willing to take on additional risk.

Disclaimer:

The preceding content should only be considered general information and shall not constitute as legal advice. Readers interested in purchasing Vermont real estate should contact a Vermont licensed attorney for specific legal advice.

After an investigation in the Commonwealth of Massachusetts discovered that breathalyzers were not calibrated properly, 27,000 individuals with DUI convictions and guilty pleas now find themselves in a position to have their case reevaluated – without the false evidence.

According to the court, there was “egregious government misconduct” performed over an almost 8 year span from summer of 2011 to spring of 2019. The court ruled that any test by the faulty breathalyzer machines during this time shall not be used in criminal prosecutions, opening the door for DUI defense teams to correct injustice. The Court found that the state had been involved in intentionally withholding evidence – which many in Massachusetts are now comparing to the drug lab controversy which shook the legal world in years prior. 

The suppression of these breath tests by the Court now allows for those who pled guilty, or those who were convicted to get a fresh chance at a favorable outcome. If a guilty plea was submitted, it can now be withdrawn. If the defendant was convicted, a new trial can be requested. 

This ruling was due to what the justices saw as a due process rights violation. While not all 27,000 results were faulty, the state had evidence that there was error in the system and did not report it, which led the justices to conclude that all 27,000 individuals had their due process rights violated. 

This concluded of seven years worth of litigation. Hampden District Attorney Anthony Gulluni had originally suspended the results of the breathalyzers in 2019, before Boston District Court Judge Robert Brennen ruled in January of 2023 that the results could be used as evidence. 

“7 years of litigation exposed a lot of problems with the calibrations lab that we as citizens paid millions of dollars for. The prosecutors can no longer consider the breath test for the prosecution. The litigant, the citizen, has to file a motion, a motion to vacate, that has to be brought to the judge and prosecutors, the prosecutor would have to examine it,” said Attorney for the defense, Joe Bernard.

Changes to the will signing and witnessing procedure now allow the witnesses to perform their duty over skype, zoom, and other web chat means. Attorneys signing wills should familiarize themselves with the State’s changes to the Notary rules during the Coronavirus emergency before executing wills during the COVID-19 pandemic.

For witnesses however, these new rules allow for more safety and security during this time. Two disinterested witnesses are needed but witnesses do not need to be physically present. This is very good news for those updating their wills during this time. As the most vulnerable among us update their estate plans they can rest assured that they are not exposing themselves to additional risk. Changes have also been made to allow Powers of Attorney and Deeds to be executed using the Emergency remote notary rules now in place.

Finally payment of rent to the court as rent escrow is now within the discretion of the court to determine whether full or partial payment of rent shall be made into the court’s rent escrow account.

““We’re out here as public workers, doing our job, trying to make an honest living to take care of our families,” he said. “But for you to get on the bus, and stand on the bus, and cough several times without covering up your mouth, and you know that we’re in the middle of a pandemic, that lets me know that some folks don’t care,” Hargrove says on his video posting.

Hargrove leaves behind a wife and six children, he was 50 years old.

Unfortunately, Hargrove’s story is not unique. Hard working city employees are called into work every day to serve a vital need for the general public. Despite the known risks of contracting Covid-19, these unsung heroes continue to do their job even when millions of Americans have lost theirs. With this risk, the question then becomes, how much risk can these city employees take on without having just cause to suspend their duties for the sake of they and their families well-being. It is a legal question being asked across Vermont and the nation that has yet to be determined by the judicial system, but certainly is opening up a new frontier on the fight for worker’s rights.

Who specifically is covered by the ADA is a major topic in itself. The ADA defines major life activities in great detail. A word of note, if in doubt about whether someone is protected, the ADA is written in favor of broad coverage under the terms of the law. If you feel you might be protected by the ADA or one of your employees might be, it may be time to consult an attorney about the rights and obligations that come up with the ADA.

So what does all this mean for COVID-19? Is everyone over 50 now protected by the ADA? What reasonable accommodations must be made to keep Immuno-Compromised essential employees safe? Do we have to serve customers who present symptoms? Can workers be terminated for insisting they work remotely? The classic attorney answer to these questions is; maybe, it’s complicated.

The ADA generally does “not apply to impairments that are transitory and minor.” Transitory being 6 months or less. Note that the impairment must be both transitory and minor to be excluded from ADA protection. Even if the impact of COVID-19 is less than 6 months people may still be covered by the ADA if their condition is not minor. As to what constitutes minor this can be answered with more specificity, functions of the immune system are defined as a major bodily function by the ADA. 

Bragdon v. Abbott, 524 US 624 (1998) can also help clear up some of the uncertainty. In Bragdon the Supreme Court held that a person’s HIV infection which had not progressed to AIDS was a disability covered by the ADA under the facts of the case. The Court required the trial court to undertake review of whether sufficient evidence of an objective, scientific basis for the defendant’s actions was submitted to the court. Public accommodations do not necessarily need to be made available under the ADA in light of the risk from COVID-19. A business would likely have good grounds to turn away customers or employees who test positive for COVID-19 or exhibit symptoms discussed in scientific literature. If you have concerns about your customers or clients now may be a good time to consult with an Attorney about your business policies regarding quarantine and social distancing. 

As for an Immuno-Compromised employee, depending on their job function, they may be entitled to work from home or socially distance for the foreseeable future. The ADA and Bragdon both make clear that these people are entitled to protection but what exactly constitutes a “reasonable accommodation” according to the ADA?

Again this depends on the business and the person’s job. The ADA generally requires that the person be able to fulfill the essential job functions with reasonable accommodations. Not every accommodation is going to be considered reasonable. The cost of the accommodations as well as the employers resources are factors to consider. As an example, if the State were to end it’s shelter in place rules tomorrow, a bookkeeper for a General Store who is over 50 with a heart condition has a right to self isolate and work from home as a reasonable accommodation under the ADA. That same person if they were a cashier would likely not be able to work from home because they are no longer able to perform an essential job function. The employer may be required to offer a mask and gloves as a reasonable accommodation.

In McBride v. BIC Consumer Products Mfg. Co., Inc., 583 F. 3d 92, 2nd Circuit (2009) the plaintiff was offered a respirator for protection against fumes at her place of work. She declined this offer, did not make other proposals, and was terminated. The court upheld this termination. It is wise for both employers and employees to negotiate resolution to reasonable workplace accommodations in good faith. 

For employees, an offer of accommodations doesn’t automatically have to be accepted but you should be prepared to offer other solutions. Transfer to other jobs with your employer isn’t automatic either. You need to be able to show that you are qualified to do those jobs. In McBride the employer had vacancies but these jobs were in effect promotions for the plaintiff and required a college degree or office work experience which she didn’t have.

For employers, they should take employee suggestions and requests seriously. While “because I said so” might be effective at the moment you say it, your words could lead to litigation. Depending on what specifically was said it could also hurt you again during litigation if you are unreasonable in the eyes of a jury. If an accommodation can’t be done in a cost effective way be ready to explain that in detail, the same goes for essential functions of the job. As the defendant in Bragdon learned just believing something doesn’t make it an objective fact. For medical issues and concerns be ready to get an opinion from a doctor about what may impact your employees, at the very least be prepared to review CDC guidelines and consult with an attorney about your specific situation.

Right now there is a lot of confusion about how long the current crisis will last and what precautions to take when we all come back into the office. Both employees and employers should take the time to review company policies if you have them and to think now about what changes might need to be made to keep everyone safe from both COVID-19 and an ADA lawsuit.

This discriminatory choice could potentially cause severe complications or the unfortunate death of those deemed too old or sick. Disability rights groups across the US have argued that this is in violation of patients’ constitutional rights citing the Civil Rights Act of 1964 and  section 504:The Rehabilitation Act of 1973 which forbids publicly funded organizations to discriminate solely by reason of a person’s disability.

According to 42 U.S.C. Chapter 126, a disability is defined when someone is regarded as having, or recorded as having a physical or mental impairment that limits one or more major life activities. The major life activities of topic with regards to health care include:

…“major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”

…“a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. See: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim: Chapter 126: Opportunity For Individuals with Disabilities

These conditions must be ongoing and last longer than 6 months in order to be considered a disability. 

The infringement on patients rights under the ADA, could mean life or death for someone in critical care. An elderly patient who has been fighting this virus for longer could be set aside for someone younger and healthier when the equipment comes into supply, while a medical team holds this choice.  Knowing this practice has taken place in other places in the world, and now in our country in the coming weeks if not already, can leave those with common conditions such as asthma and heart disease, as well as Vermont’s aging population in fear for their ability to receive life saving care. This could potentially prevent those with preexisting conditions from seeking the testing and medical care needed early enough to save their life.  

Will these choices lead to a higher number of deaths as a result of complications from COVID-19?  Certainly one could argue that those with preexisting conditions may need the help the most, especially considering that this virus, according to new reports, seems to attack the old and weak the worst. Reserving acute care, and life saving equipment for the young and healthy seems counterintuitive, not to mention that human beings have a right to non-discriminatory care.

“Our front line workers are sacrificing so much for our communities,” stated managing partner, Evan Chadwick. “The least we as a law firm can do, is be there for these workers to offer them guidance or some peace of mind while they continue to battle this unprecedented epidemic on our behalf.”

To set up a consultation please fill out the form below.

Although Vermont courts are continuing to hear serious cases of domestic violence there appears to be a significant concern regarding the perpetration of ongoing abuse in cases that are deemed less serious, such as violations of relief from abuse orders. This has State’s Attorney’s concerned that these matters are not being addressed in a way that will deter further violations or additional acts of abuse.

Vermont Domestic Violence cases had seen an increase in reports prior to the coronavirus outbreak. Given the stress families are enduring during this time of uncertainty, it is being projected that the incident rate will continue to rise even further if law enforcement is not able to take proactive measures to get in front of potential acts of abuse before they occur. Defusing these stressful situations may be the best way to ensure that Vermonters are protected both from being a victim of domestic violence or being wrongfully charged of the crime when law enforcement take matters too far.

What is important to consider is that even if a suspect was given a citation for a court date that is now postponed, law enforcement have been tasked with reissuing criminal citations to all suspects that have already been charged. For a citation or summons to be effective law enforcement must come into personal contact with the suspect to hand deliver the citation. The only way to prevent this in-person interaction is for an attorney to accept service for their client.

A substantial law enforcement tactic is for officers to approach suspects when they least expect it. Engaging in these types of interactions often will induce a longer conversation that can lead to incriminating statements being made. Officers can use these statements, which are often recorded, to supplement their affidavits that they fill with the Court to support their issuance of criminal charges.

It is important, even in these difficult times, for attorneys to enter their appearance for a suspect well before the initial hearing in any Massachusetts or Vermont criminal proceeding. Early representation allows the attorney to drive a wedge between the suspect and law enforcement and assert a suspects 6th Amendment to Counsel

Chadwick, Spensley & Fox is available on an urgent basis for all its clients. If you are being contacted by the police visit the NEED HELP NOW page to be put into contact with one of our Vermont or Massachusetts attorneys.

1. Telephone/video conferences are available upon request. Please contact any of our offices to schedule.
2. Will, power of attorney, affidavit or other formal signings: Chadwick, Spensley & Fox is putting into place signing procedures that will ensure that social distancing is strictly adhered to. These policies include; Outdoor, virtual and house call signings. Please check in with us for more information on the steps we are taking to prevent the spread of Covid-19 while still being able to address client’s pressing legal needs.
3. Modest payment plans: With the financial strain caused by the massive closure of businesses Chadwick, Spensley & Fox is willing and able to work out modest monthly payment plans for all prospective clients.

We will continue to focus our efforts on providing affordable, comprehensive and personalized legal services to all those in need. We wish you all well in navigating these uncertain times and stand ready to assist anyway we can.

In 2012 Attorney Fox served as a prosecutor at the Serious Crimes Unit, Suffolk County Prosecutor in Boston before moving back to his home state of Vermont in 2014. Since moving back to Vermont Attorney Fox has litigated numerous criminal cases in Vermont Superior Court including several cases that carried a maximum sentence of life in prison.

To schedule an appointment with Attorney Fox for any Massachusetts criminal defense, traffic ticket or civil litigation matter, please call 802-257-7161. All initial consultations are free of charge.