Code of Vermont Rules › Agency 11 - AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT › Sub-Agency 020 - DEPARTMENT OF ECONOMIC, HOUSING AND COMMUNITY DEVELOPMENT › Chapter 001 - HOUSING DIVISION RULES PART I: MOBILE HOME PARKS › Section 11 020 001 - HOUSING DIVISION RULES PART I: MOBILE HOME PARKS

Current through June, 2024
Rule No.1 Authority
These rules are issued pursuant to authority vested in the
				Department of Housing and Community Development by
				3 V.S.A. §§
											801(11),
				831,
				2452,
				2453
				and
				10
				V.S.A. §§ 6205(b), 6231(b), 6252(a), 6253(g), and
				6262(b).
Rule No.2
			 Definitions
The definitions set forth in this Section 2 shall apply to the
				rules of the Housing Division, Part I, Mobile Home Parks.
2.1 "Commissioner" means the Commissioner of
			 the Department of Housing and Community Development of the Agency of Commerce
			 and Community Development for the State of Vermont.
2.2 "Consumer price index" means the United
			 States Consumer Price Index for all Urban Consumers, Housing Component,
			 published by the United States Bureau of Labor Statistics in the periodical
			 "Monthly Labor Review and Handbook of Labor Statistics," as established
			 annually by the Department of Housing and Community Development.
2.3 "Cost of capital improvements" means the
			 costs of replacement or repair of any major infrastructure systems of the
			 mobile home park that exceed $ 2,500.
2.4 "Department" means the Department of
			 Housing and Community Development of the Agency of Commerce and Community
			 Development for the State of Vermont.
2.5 "Eligible Site" means a mobile home lot
			 that is in conformance with the provisions of
			 10 V.S.A. §
											6238(b) (2) and is available
			 for siting of a mobile home.
2.6
			 "Good faith" means honesty in fact and the observance of reasonable standards
			 and fair dealing, such that each party shall respond promptly and fairly to
			 offers from the other party.
2.7
			 "Leaseholder" means a resident lawfully occupying a mobile home owned by the
			 park owner or the owner of a mobile home sited on a mobile home lot in a mobile
			 home park regardless of whether the leaseholder has actual possession of a
			 written lease.
2.8 "Lot rent" means
			 any charge imposed on a leaseholder for rental and occupancy of a mobile home
			 lot, unless specifically excluded by statute or rule.
2.9 "Mobile home" means a structure or type
			 of manufactured home that is built on a permanent chassis and is designed to be
			 used as a dwelling with or without a permanent foundation when connected to the
			 required utilities, and includes the plumbing, heating, cooling, and electrical
			 systems therein, and is:
(a) transportable in
			 one or more sections; and
(b) at
			 least eight feet wide or 40 feet long or when erected has at least 320 square
			 feet or if the structure was constructed prior to June 15, 1976, at least eight
			 feet wide or 32 feet long; or
(c)
			 any structure that meets all the requirements of this definition except for
			 size and for which the manufacturer voluntarily files a certification required
			 by the U.S. Department of Housing and Urban Development and complies with the
			 construction and safety standards established under Title 42 of the U.S. Code.
			 A recreational vehicle or camping trailer is not a mobile home.
2.10 "Mobile home park" means any
			 parcel or contiguous lots of land under common ownership or control on which
			 are sited, or which is designed, laid out or adapted to accommodate, more than
			 two mobile homes. A parcel or contiguous lots owned by agricultural employers
			 providing up to four mobile homes for use by full-time workers or employees,
			 and a parcel or contiguous lots used solely on a seasonal basis for vacation or
			 recreational mobile homes shall not be considered a mobile home park.
2.11 "Mobile home park owner" or "park owner"
			 means one or more owners, operators, officers, managing agents, or other
			 persons with practical authority to establish rules, policies, or other
			 requirements of a mobile home park.
2.12 "Resident" means any individual,
			 individuals, or family who occupy a mobile home in a mobile home park on a
			 permanent or temporary basis.
2.13
			 "Security deposit" means any advance, deposit, or prepaid rent charged for the
			 purpose of securing a resident's obligation to pay rent and maintain a rented
			 mobile home or mobile home lot, which is refundable to the resident at the
			 termination of the resident's tenancy, as set forth at
			 10 V.S.A. §
											6244.
2.14 "Site improvement fee" means the charge,
			 which in accordance with
			 10 V.S.A. §
											6238 may not exceed $ 8,000, for the cost of
			 establishing a mobile home lot 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.
2.15
			 "Termination or expiration of tenancy" shall mean any of the following:
(a) the leaseholder removes a mobile home
			 from the mobile home park and terminates the lease for the lot on which the
			 mobile home was located;
(b)
			 delivery to the park owner of an executed bill of sale, or copy thereof,
			 transferring ownership of a mobile home that remains in the park either to a
			 person who has entered into a lease with the park owner or to the park owner;
(c) removal of the resident from
			 the mobile home park pursuant to a court-issued writ of possession;
(d) the date contained in a notice of
			 termination by a resident in compliance with
			 10
			 V.S.A. §
												6261(d); or
(e) that date agreed upon by the
			 resident and the park owner.