reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6104. Transportation impact fee; District Commission

§ 6104. Transportation impact fee; District Commission
(a) A District Commission may require payment of a transportation impact fee in accordance with section 6106 of this title to fund, in whole or in part, capital improvements that are necessary to mitigate the transportation impacts of a proposed development or subdivision or that benefit the proposed development or subdivision. The Agency shall review the application and recommend to the District Commission whether to require mitigation of the transportation impacts of the development or subdivision. The District Commission may require an applicant to pay the entire cost of a capital transportation project and may provide for reimbursement of the applicant by developments and subdivisions subsequently receiving permits or amended permits under this chapter that benefit from the capital transportation project. The period for reimbursement shall expire when the associated capital transportation project ceases to provide additional capacity.
(b) A District Commission may require an applicant for a development or subdivision within a TID to pay the transportation impact fee established by the Secretary if the Commission determines that the fee will fund, in whole or in part, improvements to mitigate transportation impacts of the development or subdivision.
(c) This subchapter shall apply to the exercise of authority by a District Commission under any permit condition issued pursuant to subdivision 6086(a)(5) of this title in which the District Commission has reserved the right to conduct proceedings that may result in assessment and collection of impact fees to support transportation improvements.
(d) The authority granted to the District Commissions under this subchapter is in addition to their other authority. (Added 2013, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6107. Transportation Improvement District Fund

§ 6107. Transportation Improvement District Fund
(a) There is created a special fund within the Transportation Fund known as the Transportation Improvement District Fund. The Agency shall deposit into the District Fund each transportation impact fee it receives under this subchapter. The Agency shall administer the District Fund.
(b) Balances in the District Fund shall be expended only for the purposes authorized in this subchapter and shall not be used for the general obligations of government. All balances in the District Fund at the end of any fiscal year shall be carried forward and remain within the District Fund. Interest earned by the District Fund shall be deposited in the District Fund.
(c) The Agency shall provide to the Treasurer an annual accounting of each TID and associated transportation impact fee for that district showing the source, the amount collected, each project that was funded or that will be funded with the fee, and the amount expended. (Added 2013, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6108. Payment of fees

§ 6108. Payment of fees
(a) An applicant shall pay a transportation impact fee assessed under this subchapter to the Agency, except that a District Commission may direct an applicant to pay a transportation impact fee to a municipality if the impacts of the applicant’s development or subdivision are limited to municipal highways and rights-of-way or other municipal transportation facilities.
(b) A municipality receiving a transportation impact fee under this subchapter shall place the fee into a separate account, with balances in the account carried forward from year to year and remaining within the account. Interest earned by the account shall be deposited into the account. The municipality shall provide to the voters an annual accounting of each fee received under this subchapter showing the source, the amount of each fee received, and each project that was funded or will be funded with the fee. (Added 2013, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6109. Unspent fee amounts; refunds

§ 6109. Unspent fee amounts; refunds
Within 15 years from the date of payment, a fee assessed under this subchapter shall be spent on the capital transportation project or projects in the appropriate TID or on the appropriate capital transportation project for which the fee was paid. If the Agency or municipality to which the fee was paid does not spend all or portion of the fee collected on the appropriate capital transportation project or projects, the applicant or its successors may apply to the Agency or municipality for a refund of the proportionate share of that fee within one year of the date on which the applicant’s right to claim the refund accrued. (Added 2013, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 151 - State Land Use and Development Plans › § 6110. Appeals

§ 6110. Appeals
(a) A person aggrieved by a decision of the Secretary regarding the establishment of a TID or the transportation impact fee for the TID may appeal to the Civil Division of the Superior Court under Rule 74 of the Vermont Rules of Civil Procedure.
(b) A permit issued by the Agency under 19 V.S.A. § 1111 may be appealed in accordance with 19 V.S.A. § 5.
(c) Appeal of an act or decision of a District Commission under this subchapter shall be pursuant to section 6089 of this title. (Added 2013, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6203. Municipal acquisition of land for mobile home parks

§ 6203. Municipal acquisition of land for mobile home parks
Any municipality, or group of municipalities jointly, may acquire land for the purpose of encouraging the development of suitable mobile home parks under this chapter, and may lease or sell such land to private persons for that purpose, and may impose additional restrictions on the land conforming to the spirit of this chapter and acquired by a municipality under this section. (Added 1969, No. 291 (Adj. Sess.), § 10, eff. date, see note under § 6201 of this title.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6204. Application of other laws and rules

§ 6204. Application of other laws and rules
(a) A municipality may impose more restrictive requirements on mobile home parks and mobile homes than are contained in this chapter to the extent it is authorized to do so under other legislation.
(b) Other applicable laws and rules that are more restrictive than this chapter shall prevail.
(c) To the extent that they are consistent with this chapter, the provisions of 9 V.S.A. chapter 137 (residential rental agreements) and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the occupancy and rental of a mobile home, and the provisions of 12 V.S.A. chapter 169, subchapter 3 (eviction) shall apply to the rental of a mobile home lot, except the rental of a mobile home lot shall be subject to the provisions of 12 V.S.A. chapter 169, relating to payment of rent into court.
(d) A mobile home occupied on the basis of a lease-purchase or rent-to-own contract, however named, shall be subject to the provisions of 9 V.S.A. § 2602(e).
(e) Notwithstanding any other provision of this section, where a mobile home park is a nonconforming use under local zoning regulations, its status regarding conformance or nonconformance shall apply to the parcel as a whole and not to any individual mobile home lot within the park. The vacancy of any individual mobile home lot shall not be considered a discontinuance or abandonment of the nonconforming use.
(f) This chapter shall not apply to the rental or use of campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping. (Added 1969, No. 291 (Adj. Sess.), § 4, eff. date, see note under § 6201 of this title; amended 1987, No. 252 (Adj. Sess.), § 2; 1993, No. 141 (Adj. Sess.), § 3, eff. May 6, 1994; 1999, No. 161 (Adj. Sess.), § 2; 2003, No. 104 (Adj. Sess.), § 5; 2007, No. 176 (Adj. Sess.), §§ 49, 54; 2007, No. 196 (Adj. Sess.), § 2; 2009, No. 140 (Adj. Sess.), § 3, eff. Sept. 1, 2010; 2019, No. 131 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6205. Enforcement; penalties

§ 6205. Enforcement; penalties
(a) A mobile home park owner who violates or fails to comply with a provision of this chapter violates 9 V.S.A. § 2453.
(b) If a mobile home park owner violates this chapter, the Department shall have the authority:
(1) to impose an administrative penalty of up to $5,000.00 per violation;
(2) to bring a civil action for damages or injunctive relief, or both, in the Superior Court for the unit in which a violation occurred; and
(3) to refer a violation to the Attorney General or State’s Attorney for enforcement pursuant to subsection (a) of this section.
(c)(1) A leaseholder may bring an action against the park owner for a violation of sections 6236-6243 of this title.
(2) The action shall be filed in the Superior Court for the unit in which the alleged violation occurred.
(3) No action may be commenced by the leaseholder unless the leaseholder has first notified the park owner of the violation by certified mail at least 30 days prior to bringing the action.
(4) During the pendency of an action brought by a leaseholder, the leaseholder shall pay rent in an amount designated in the lease, or as provided by law, which rental amount shall be deposited in an escrow account as directed by the court. (Added 1969, No. 291 (Adj. Sess.), § 12, eff. date, see note under § 6201 of this title; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 235 (Adj. Sess.), § 2; 1989, No. 229 (Adj. Sess.), § 5; 2001, No. 133 (Adj. Sess.), § 4, eff. June 13, 2002; 2007, No. 176 (Adj. Sess.), § 55; 2009, No. 154 (Adj. Sess.), § 62; 2015, No. 8, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6231. Rules

§ 6231. Rules
(a) [Repealed.]
(b) The Department may adopt rules to carry out the provisions of this chapter.
(c) A mobile home park that has been closed pursuant to section 6237a of this title and reduced to no more than two occupied leased lots shall be required, if the number of occupied leased lots subsequently is increased to more than two, to obtain all State land use and environmental permits required for a mobile home park that has been established or expanded after May 31, 1970. (Added 1969, No. 291 (Adj. Sess.), § 7, eff. date, see note under § 6201 of this title; amended 1987, No. 76, § 8; 1987, No. 265 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 6; 1999, No. 161 (Adj. Sess.), § 3; 2001, No. 133 (Adj. Sess.), § 5, eff. June 13, 2002; 2007, No. 176 (Adj. Sess.), § 56; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6237. Evictions

§ 6237. Evictions
(a) A leaseholder may be evicted only for nonpayment of rent or for a substantial violation of the lease terms of the mobile home park, or if there is a change in use of the park land or parts thereof or a termination of the mobile home park, and only in accordance with the following procedure:
(1) A leaseholder shall not be evicted by force or any other self-help measure.
(2) Prior to the commencement of any eviction proceeding, the park owner shall notify the leaseholder by certified or registered mail, except as provided in subdivision (3) of this subsection:
(A) of the grounds for an eviction proceeding;
(B) that an eviction proceeding may be commenced if the leaseholder does not pay the overdue rent within 20 days from the date of the mailing of the notice.
(3) A substantial violation of the lease terms of the mobile home park or an additional nonpayment of rent occurring within six months of the giving of the notice referred to in subdivision (2) of this subsection may result in immediate eviction proceedings.
(4) A substantial violation of the lease terms, other than an uncured nonpayment of rent, will be insufficient to support a judgment of eviction unless the proceeding is commenced within 60 days of the last alleged violation. A substantial violation of the lease terms based upon criminal activity will be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days after arraignment.
(5) [Repealed.]
(b) A leaseholder shall not be evicted when there is proof that the lease terms the leaseholder has been accused of violating are not enforced with respect to the other leaseholders or others on the park premises.
(c) A sale or change in the form of ownership of the mobile home park shall not be grounds for eviction.
(d) This section shall apply only to evictions undertaken by the park owner. Evictions of a mobile home resident by a mobile home owner who is not the park owner shall be governed by 9 V.S.A. § 4467.
(e) A judgment order of eviction pursuant to this section shall provide that a leaseholder shall sell a mobile home or remove a mobile home from the mobile home park:
(1) within three months from the date of execution of a writ of possession pursuant to 12 V.S.A. chapter 169; or
(2) within another period ordered by the court in its discretion.
(f) A leaseholder evicted pursuant to this section shall continue to be responsible for lot rent that accrues until the mobile home is sold or removed from the mobile home park.
(g) A park owner shall serve notice of eviction proceedings pursuant to this section and 12 V.S.A. chapter 169 to the leaseholder and to any occupants known to the park owner residing in the mobile home. (Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 5, eff. Aug. 1, 1988; 1989, No. 229 (Adj. Sess.), § 9; 1993, No. 141 (Adj. Sess.), § 1, eff. May 6, 1994; 2003, No. 104 (Adj. Sess.), § 8; 2007, No. 176 (Adj. Sess.), § 58; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2015, No. 8, § 3.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 153 - Mobile Home Parks › § 6266. Sale of mobile home park; health and safety compliance

§ 6266. Sale of mobile home park; health and safety compliance
(a) The State, a political subdivision of the State, or any local governmental entity that has lawfully issued and served on the owner of a mobile home park an order that is based on a finding that the premises of the mobile home park are in violation of any State, or local health, safety, or environmental law or regulation and requires the owner to bring the park into compliance shall record in the land records of any municipality in which the mobile home park is located, the following:
(1) the order;
(2) the health, safety, or environmental laws or regulations that are the basis of the order;
(3) the manner in which the park is in violation; and
(4) the name, address, and telephone number of a person who can provide additional information about the order and the noncompliance of the mobile home park.
(b) An order issued pursuant to subsection (a) of this section shall include the notice to the owner of the mobile home park that the order will be recorded in the land records of any municipality in which the park is located.
(c) If an order has been recorded pursuant to subsection (a) of this section, the issuing authority, after determining that the mobile home park is in compliance with the order, shall record a notice of compliance in any land records in which the order was recorded.
(d) Prior to any transfer of the mobile home park, the owner shall disclose to the transferee the following:
(1) the results of the most recent sanitary survey conducted by the Agency of Natural Resources and all drinking water tests required to be performed on the mobile home park within the previous 36 months;
(2) all State and local governmental permits relating to the operation of the mobile home park, including its water and sewage systems. (Added 1995, No. 127 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 155 - Acquisition of Interests in Land by Public Agencies › § 6301. Purpose

§ 6301. Purpose
It is the purpose of this chapter to encourage and assist the maintenance of the present uses of Vermont’s agricultural, forest, and other undeveloped land and to prevent the accelerated residential and commercial development thereof; to preserve and to enhance Vermont’s scenic natural resources; to strengthen the base of the recreation industry and to increase employment, income, business, and investment; to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety, and welfare; and to encourage the use of conservation and preservation tools to support farm, forest, and related enterprises, thereby strengthening Vermont’s economy to improve the quality of life for Vermonters and to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside. (Added 1969, No. 229 (Adj. Sess.), § 2; amended 2011, No. 118 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 155 - Acquisition of Interests in Land by Public Agencies › § 6301a. Definitions

§ 6301a. Definitions
As used in this chapter:
(1) “State agency” means the Agency of Natural Resources or any of its departments, Agency of Transportation, Agency of Agriculture, Food and Markets, or Vermont Housing and Conservation Board.
(2) “Qualified organization” means:
(A) an organization qualifying under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which is not a private foundation as defined in Section 509(a) of the Internal Revenue Code, and which has been certified by the Commissioner of Taxes as being principally engaged in the preservation of undeveloped land for the purposes expressed in section 6301 of this title.
(B) an organization qualifying under Section 501(c)(2) of the Internal Revenue Code of 1986, as amended, provided such organization is controlled exclusively by an organization or organizations described in subdivision (2)(A) of this section.
(3) “Taxation” and “tax” means ad valorem taxes levied by the State and its municipalities. (Added 1987, No. 200 (Adj. Sess.), § 42; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 155 - Acquisition of Interests in Land by Public Agencies › § 6302. Power to acquire

§ 6302. Power to acquire
(a) In order to carry out the purposes set forth in section 6301 of this title, any owner of real property located within this State or of any right or interest in real property located within this State may sell, donate, devise, exchange, or transfer that real property or any right or interest in real property located within this State to a municipality of this State, a State agency, or a qualified organization. A municipality of this State by the action of its legislative body or a State agency may acquire such real property or any right and interest in real property located within this State by purchase with any authorized funds, or by donation, devise, exchange, or transfer, all as herein provided.
(b) For the purposes of this chapter, “real property” includes (without limitation) areas covered by water, areas beneath the surface of the ground, air space, and any buildings, other structures, and other improvements, and “real estate” as the same is defined in 1 V.S.A. § 132.
(c) The General Assembly hereby declares that the acquisition of real property or any right and interest in real property located within this State, for the purposes expressed in section 6301 of this title, constitutes a public use and a public purpose for which public funds may be expended or advanced.
(d) Prior to the acquisition of any right or interest in real property by a State agency, the State agency shall submit a report thereon to the legislative body of the municipality concerned, setting forth the location of the real property, the characteristics of the right or interest to be acquired, and the consideration to be given therefor. (Added 1969, No. 229 (Adj. Sess.), § 3; amended 1983, No. 71, § 1; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18; 1987, No. 200 (Adj. Sess.), § 43; 2019, No. 131 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 155 - Acquisition of Interests in Land by Public Agencies › § 6303. Interests that may be acquired

§ 6303. Interests that may be acquired
(a) The rights and interests in real property that may be acquired, used, encumbered, and conveyed by a municipality, State agency, or qualified organization shall include the following:
(1) Fee simple.
(2) Fee simple subject to right of occupancy and use, which may be defined as full and complete title subject only to a right of occupancy and use of the subject real property or part thereof by the grantor for residential or agricultural purposes, subject to the provisions of section 6304 of this title and to such other terms as the legislative body of the municipality, the qualified organization, or the State agency may fix.
(3) Fee simple and resale of rights and interests, which may be defined as the acquisition of real property in fee simple and the subsequent reconveyance of rights and interests in such property to the former owner or to others, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.
(4) Fee simple and lease back, which may be defined as the acquisition of real property in fee simple and the lease for the life of a person or for a term of years of rights and interests in the real property, subject to the provisions of section 6304 of this title and to specified covenants, restrictions, conditions, or affirmative requirements fixed by the legislative body of the municipality, the qualified organization, or the State agency in its discretion and designed to accomplish the purposes set forth in section 6301 of this title.
(5) Less than fee simple. The acquisition and retention of any rights and interests in real property less than fee simple.
(6) Lease. The lease of land or rights and interests in land for a term, with or without an option to purchase.
(7) Preemptive rights and options to purchase. The acquisition of preemptive rights such as a right of first refusal or an option to purchase land or rights and interests in the land.
(b) The legislative body of a municipality, a State agency, or a qualified organization, as the case may be, shall determine the types of rights and interests in real property to be acquired, including licenses, equitable servitudes, profits, rights under covenants, easements, development rights, or any other rights and interests in real property of whatever character.
(c) Where less than fee simple ownership is acquired or retained, such right and interest may, in the discretion of the legislative body of the municipality, the State agency, or the qualified organization, include a right to enter in order to accomplish the purposes of section 6301 of this title. (Added 1969, No. 229 (Adj. Sess.), § 4; amended 1987, No. 200 (Adj. Sess.), § 44; 2011, No. 118 (Adj. Sess.), § 7; 2019, No. 131 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 155 - Acquisition of Interests in Land by Public Agencies › § 6304. Sales of land

§ 6304. Sales of land
In any case where rights and interests in real property have been reconveyed or leased back to a person by a municipality or a department, the use of land subject in the reconveyance or lease back shall not be changed, and no residential, industrial, or commercial construction except for the use of the owner or his or her family shall be undertaken, except with the consent of the legislative body of the municipality or the department or except as specifically provided in the instrument evidencing the reconveyance or lease. In the event of the termination of any rights or interests of such person, the legislative body of the municipality or the department shall pay to such person an amount equal to the fair market value of that portion of such right that remained unexpired on the date of such termination, unless such termination is caused by the breach by such person of a term of the instrument by which he or she acquired such right or interest. In any case of acquisition subject to a right of occupancy and use, or acquisition and reconveyance, or acquisition and lease, under subsection 6303(a) of this title, the legislative body or department shall give priority to the grantor thereof in selecting the grantee or lessee, as the case may be. (Added 1969, No. 229 (Adj. Sess.), § 5; amended 2019, No. 131 (Adj. Sess.), § 20.)