reglab/housing_qa huggingface dataset:
10 V.S.A. § 6238
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6238. Charges and fees

§ 6238. Charges and fees|(a) A prospective leaseholder or other person may not be charged an entrance fee for the privilege of leasing or occupying a mobile home lot. A reasonable charge for the fair value of services performed in placing a mobile home on a lot shall not be considered an entrance fee.(b) A qualified park owner may charge the initial lessee or occupant of an eligible site a site improvement fee.  (1) The term "qualified park owner" shall mean:  (A) a limited equity cooperative organized to provide low or moderate income housing as defined in 11 V.S.A. chapter 14; or (B) a Section 501(c)(3) organization or its wholly owned subsidiary organized to preserve housing for low income families.  (2) The term "eligible site" shall mean a lawfully created mobile home site that becomes available for occupancy by a mobile home for the first time after June 1, 1993 and:  (A) is located in a mobile home park established in conformance with the requirements of this chapter after June 1, 1970; or (B) is located in a mobile home park established prior to June 1, 1970 that registered with the Vermont Agency of Natural Resources as a preexisting mobile home park prior to July 1, 1989.  (3) A site improvement fee is a charge for the cost of establishing a designated mobile home site located within a mobile home park, including site clearing; grading; construction of a mobile home pad; construction of utility improvements such as those for water supply, sewage disposal, electricity, telephone, cable television, and gas; payment of municipal fees such as school impact fees and sewer connection charges; and payment of other costs associated with improvement of a site. A site improvement fee may not exceed $8,000.00. (4) A mobile home park owner who has collected a site improvement fee may not terminate the park or change the use of any site that has paid the fee without offering to sell the park to the mobile home owners in accordance with the provisions of section 6242 of this title. (Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 1993, No. 96, § 1; 2007, No. 176 (Adj. Sess.), § 60.)
10 V.S.A. § 6239
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6239. Goods and services

§ 6239. Goods and services|A leaseholder shall not be restricted in his or her choice of vendors from whom he or she may purchase goods and services. This section shall not be construed to prohibit a mobile home park owner from contracting with any or all leaseholders for the sale, supply, or distribution of goods and services, but such contract shall not be required as a condition of entrance to the mobile home park. (Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 2007, No. 176 (Adj. Sess.), § 61.)
10 V.S.A. § 6240
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6240. Sale of homes located in parks

§ 6240. Sale of homes located in parks|(a) Prior to selling a mobile home located in a mobile home park, the mobile home owner shall notify the park owner by certified mail of the name and mailing address of the prospective purchaser. The seller may be held liable by the purchaser or prospective purchaser for failure to comply with this section.(b) A purchaser or prospective purchaser of a mobile home located in a park shall not be refused entrance except for the inability of the purchaser and the purchaser's household to meet the terms of the proposed lease or to qualify under a valid admission policy of the park. Upon approval for entrance into the mobile home park, the purchaser or prospective purchaser shall be offered a written lease pursuant to section 6236 of this title. If the purchaser or prospective purchaser does not notify the park owner in writing of any objections to the lease terms prior to occupancy of the mobile home park, the purchaser shall be deemed to have accepted the lease, regardless of whether the purchaser signs and returns a copy of the lease to the park owner. The seller's failure to provide the notice required in subsection (a) of this section shall not be grounds to deny the purchaser or prospective purchaser's application.(c) A park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless the park owner contracts to sell the home. (Added 1973, No. 264 (Adj. Sess.), § 2, eff. April 16, 1974; amended 2007, No. 176 (Adj. Sess.), § 62.)
10 V.S.A. § 6241
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6241. Access

§ 6241. Access|(a) A park owner may enter a mobile home lot in the park with the resident's consent, which shall not be unreasonably withheld.(b) A park owner may also enter a mobile home lot in the park between the hours of 7:00 a.m. and 7:00 p.m. on no less than 12 hours' notice for any of the following purposes:  (1) to inspect the premises; (2) to make necessary or agreed repairs, alterations, or improvements; (3) to supply agreed services; (4) to show the lot to prospective or actual purchasers, mortgagees, residents, workers, or contractors.   (c) A park owner may enter a mobile home lot without notice or permission if, in the course of performing repairs in the mobile home park, the owner discovers that it is necessary to enter a lot to complete the repairs, provided that the owner could not reasonably have foreseen the necessity to enter the lot at the time the repairs were commenced. A park owner shall attempt to obtain permission from the resident before entering the lot, at a minimum, by attempting to contact the resident at any telephone number the owner has for the resident and in person at the mobile home.(d) A park owner may enter a mobile home or a mobile home lot in the park without notice or permission when the park owner reasonably believes that there is a likelihood of imminent injury to any person, damage to property, or interruption of utility services. (Added 1983, No. 235 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 5, eff. May 6, 1994; 2007, No. 176 (Adj. Sess.), § 63.)
10 V.S.A. § 6245
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6245. Illegal evictions

§ 6245. Illegal evictions|(a) No park owner may willfully cause, directly or indirectly, the interruption or termination of any utility service to a mobile home except for temporary interruptions for necessary repairs.(b) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder's leased premises, except through proper judicial process.(c) No park owner may directly or indirectly deny a leaseholder access to and possession of the leaseholder's mobile home and personal property, except through proper judicial process. (Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 66; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)
10 V.S.A. § 6246
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6246. Remedies for illegal evictions

§ 6246. Remedies for illegal evictions|(a) Any leaseholder who sustains damage or injury as a result of an illegal eviction, as defined in section 6245 of this title, may bring an action for injunctive relief, damages, costs, and reasonable attorney's fees.(b) A court may award reasonable attorney's fees to the park owner if, upon motion and hearing, it is determined that the action was not brought in good faith and that the action was either frivolous or intended solely for harassment. (Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 67.)
10 V.S.A. § 6247
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6247. Retaliatory conduct prohibited

§ 6247. Retaliatory conduct prohibited|(a) A park owner may not retaliate by any of the following:  (1) establishing or changing terms of a rental agreement; (2) bringing or threatening to bring an action against a resident who has done any of the following:  (A) complained in writing to a governmental agency charged with responsibility for enforcement of a building, housing, or health regulation of a violation applicable to the premises materially affecting health and safety; (B) complained in writing to the park owner of a violation of this chapter; (C) organized or become a member of a resident's association or similar organization.    (b) If the park owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney's fees and has a defense in any retaliatory action for possession. (Added 1993, No. 141 (Adj. Sess.), § 9, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 68.)
10 V.S.A. § 6248
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6248. Abandonment of mobile home in mobile home park

§ 6248. Abandonment of mobile home in mobile home park|(a) A resident or owner of a mobile home in a mobile home park shall be deemed to have abandoned the mobile home if all the following conditions exist:  (1)(A) a reasonable person would believe that the mobile home is not occupied as a residence;  (B) the rent for the lot is at least 30 days delinquent; and (C) the park owner has attempted to contact the resident or owner at the resident or owner's home, last known place of employment, and last known mailing address without success; or  (2) the owner of the mobile home has been evicted from the mobile home park pursuant to section 6237 of this title and the owner has failed to remove or sell the mobile home within three months after the execution of a writ of possession pursuant to 12 V.S.A. chapter 169 or as otherwise ordered by the court in the ejectment action.   (b) A mobile home park owner may not commence an action pursuant to section 6249 of this title to sell an abandoned mobile home on which there are delinquent property taxes until 20 days after the date the park owner sends notice of the park owner's intent to commence the action to the town clerk and the tax collector of the town in which the mobile home is located by certified mail, return receipt requested. (Added 1993, No. 141 (Adj. Sess.), § 13, eff. May 6, 1994; amended 2015, No. 8, § 4.)
10 V.S.A. § 6251
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6251. Mobile home lot rent increase; notice; meeting

§ 6251. Mobile home lot rent increase; notice; meeting|(a) A mobile home park owner shall provide written notification on a form provided by the Department to the Commissioner and all the affected mobile home park leaseholders of any lot rent increase no later than 60 days before the effective date of the proposed increase. The notice shall include all the following:  (1) the amount of the proposed lot rent increase, including any amount of the increase that is attributable to a surcharge for any capital improvements of the mobile home park pursuant to subsection (b) of this section, the estimated cost of the capital improvements, and the proposed duration of the surcharge prorated in 12-month increments sufficient to recover the estimated cost of the capital improvements; (2) the effective date of the increase; (3) a copy of the mobile home park leaseholder's rights pursuant to this section and sections 6252 and 6253 of this title; and (4) the percentage of increase from the current base lot rent.   (b) If the mobile home park owner requests a lot rent increase that includes a surcharge for any capital improvements, which, for the purposes of this section, include replacement or repair of any major infrastructure systems that exceed $2,500.00, the mobile home park owner shall submit to the Commissioner an affidavit stating the estimated costs of the improvements, the expected date of completion of the improvements, and the time frame required for the surcharge to provide for recovery of the cost of the improvements. The lot rent surcharge shall terminate when the park owner has recovered the cost of the capital improvements. A lot rent surcharge for capital improvements shall be implemented to minimize the financial burden on the mobile home park leaseholders.(c) If the mobile home park owner fails to notify either the mobile home park leaseholders or the Commissioner of a lot rent increase as required by subsection (a) of this section, the proposed lot rent increase shall be ineffective and unenforceable. (Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 3, eff. April 23, 1998; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)
10 V.S.A. § 6253
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6253. Lot rent increase abatement; civil action

§ 6253. Lot rent increase abatement; civil action|(a) If the parties are unable to resolve the disputed proposed lot rent increase pursuant to the process provided in section 6252 of this title, an action for abatement of some or all of the proposed lot rent increase based on a claim that the increase is clearly excessive may be initiated by a majority of the affected mobile home park leaseholders by filing a complaint in the Superior Court in the county in which the mobile home park is located within 30 days after the effective date of the proposed lot rent increase.(b) Upon filing the complaint, the leaseholders shall pay the lot rent, including the proposed lot rent increase, to the park owner. The park owner shall pay the disputed portion of the proposed lot rent increase into court pending an order by the court.(c) For the purposes of this section, a clearly excessive lot rent increase is an increase that is unreasonable based upon the park owner's total reasonable or documented expenses, including consideration of debt service and a reasonable return to the mobile home park owner on investment with consideration being given to comparable investments.(d) The court may grant a protective order for financial records to any party to this action.(e) If the court finds that the proposed lot rent increase is clearly excessive, the court may order abatement of the proposed lot rent increase in full or in part.(f) A lot rent increase shall be exempt from this section if it is an increase:  (1) that resulted from a completed sale of a mobile home park; and (2) that was a condition of a bona fide purchase and sales agreement; and (3) for which notice was given at least six months before the effective date of lot rent increase.   (g) The Commissioner may provide for legal representation for mobile home park leaseholders who pursue an action under this section pursuant to rules adopted by the Commissioner. (Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 5, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 70.)
10 V.S.A. § 6261
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6261. Resident obligations; use and maintenance of premises

§ 6261. Resident obligations; use and maintenance of premises|(a) The resident shall not create or contribute to the noncompliance of the premises with applicable provisions of building, environmental, or housing and health rules. As used in this subchapter, the term "premises" means a mobile home lot and any part of a mobile home park.(b) The resident shall conduct himself or herself and require other persons on the premises with the resident's consent to conduct themselves in a manner that will not disturb other residents' peaceful enjoyment of the premises.(c) The resident shall not deliberately or negligently destroy, deface, damage, or remove any part of the premises or its fixtures, mechanical or utility systems, or furnishings or deliberately or negligently permit any person to do so.(d) Unless inconsistent with a written rental agreement or otherwise provided by law, a resident may terminate a tenancy by actual notice given to the park owner at least one rental payment period prior to the termination date specified in the notice.(e) If a resident acts in violation of this section, the park owner is entitled to recover damages, costs, and reasonable attorney's fees, and the violation shall be grounds for termination under section 6237 of this title. (Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2019, No. 131 (Adj. Sess.), § 17.)
10 V.S.A. § 6262
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6262. Park owner obligations; warranty of habitability; rules

§ 6262. Park owner obligations; warranty of habitability; rules|(a) In any lot rental agreement, the park owner shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation. This warranty requires the park owner to provide adequate and reliable utility services, including safe electrical service, potable water, and sewage disposal to a location on each lot from which these utilities can be connected to the mobile home. The warranty also requires the park owner to ensure that the roads, common areas, and facilities within the mobile home park are safe and fit for the purpose for which they were reasonably intended.(b) The Department, in cooperation with the Agency of Natural Resources, the Department of Public Safety, and the Department of Health, shall, by rule, adopt standards for safety, cleanliness, and fitness for human habitation regarding the rental of a mobile home lot within a mobile home park.(c) No rental agreement shall contain any provision by which the leaseholder waives the protections of the implied warranty of habitability. Any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. (Added 1993, No. 141 (Adj. Sess.), § 11a, eff. May 6, 1994; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 176 (Adj. Sess.), § 72; 2015, No. 8, § 2.)
10 V.S.A. § 6263
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6263. Habitability; leaseholder remedies

§ 6263. Habitability; leaseholder remedies|(a)(1) If the mobile home park owner fails to comply with the obligation of habitability, the park owner shall be deemed to have notice of the noncompliance if the park owner receives actual notice of the noncompliance from the leaseholder, a governmental entity, or a qualified independent inspector.  (2) If the park owner has received notice from any of those sources and fails to make repairs within a reasonable time and the noncompliance materially affects health and safety, the leaseholder may pursue any of the following remedies:  (A) withhold payment of lot rent during the period of the noncompliance; (B) obtain injunctive relief; (C) recover damages, costs, and reasonable attorney's fees; or (D) terminate the rental agreement on reasonable notice.    (b)(1) For purposes of subdivision (a)(2) of this section, a mobile home park owner's failure to maintain the roads within a mobile home park in a condition that reasonably ensures access by emergency vehicles shall be deemed noncompliance that materially affects health and safety.  (2) This subsection does not require a mobile home park owner to create a new road or other improvement, or to modify an existing road or other improvement, within an existing mobile home park.   (c) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or of a person on the premises with the leaseholder's consent. (Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 73; 2015, No. 8, § 2.)
10 V.S.A. § 6264
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6264. Minor defects; repair and deduct

§ 6264. Minor defects; repair and deduct|(a)(1) If the park owner fails to repair a minor defect or noncompliance with this chapter or noncompliance with a material provision of the rental agreement within 30 days of receipt of written notice, the leaseholder may repair the defect or noncompliance and deduct from the rent the actual and reasonable cost, not to exceed one-half of one month's lot rent.  (2) No major work on water, sewer, or electrical systems may be performed under this section. (3) The leaseholder shall provide the owner with written notice of the cost of the repair or service when the cost is deducted from the rent. (4) The leaseholder shall be responsible for any damage caused by the repair or attempts to repair.   (b) The remedies under this section are not available to a leaseholder if the noncompliance was caused by the negligent or deliberate act or omission of the leaseholder or a person on the premises with the leaseholder's consent. (Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 74; 2015, No. 8, § 2.)
10 V.S.A. § 6265
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 153 - Mobile Home Parks|§ 6265. Condemnation and relocation of residents

§ 6265. Condemnation and relocation of residents|(a) The owner of a lot or rented mobile home that is condemned by a governmental agency due to the willful failure or refusal of the owner to comply with any obligations imposed by law shall provide for reasonable relocation costs of affected leaseholders and residents, except when the owner can demonstrate that he or she has no financial capacity to comply. The affected leaseholders and residents shall have the right to recover the reasonable costs of relocation, including court costs and reasonable attorney fees. The Agency of Natural Resources shall grant to the owner in a timely fashion all permits necessary to correct violations under this subchapter.(b) The Commissioner may require a park owner who commences a closure of a mobile home park pursuant to section 6237a of this title within one year of receiving from a State or municipal enforcement official a notice of a violation of health, safety, or environmental laws or of section 6262 of this title to pay reasonable relocation costs not to exceed $3,500.00 to each affected leaseholder, except when the park owner can demonstrate that he or she has no financial capacity to comply. (Added 1993, No. 141 (Adj. Sess.), § 11, eff. May 6, 1994; amended 2007, No. 176 (Adj. Sess.), § 75.)