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.
Rule No.3 Registration
By September 1 of each year, every park owner shall register
their mobile home park(s), and pay the annual lot fee if applicable. The
Commissioner shall establish the annual lot fee, up to the amount allowed by
law, that shall be payable by the park owner for each occupied leased lot in
the mobile home park. The fee may be charged to leaseholders, and shall not be
deemed a lot rent increase.
Rule
No.4 Lease Requirements
4.1
Written lease required. The park owner shall provide an initial copy of the
lease to each leaseholder of the mobile home park and upon request shall give a
leaseholder a copy of the current lease for his or her lot. All terms governing
use and occupancy of a mobile home lot shall be in writing, and every lease
shall be fair and reasonable; any term which obstructs a leaseholder's ability
to act in accordance with 10 V.S.A. Chapter 153 shall be unenforceable. No
lease term may require a leaseholder to waive any rights provided by 10 V.S.A.
Chapter 153 or these rules, or any other provision of state or federal law or
regulation.
4.2 Prospective
leaseholders. The park owner shall provide each prospective leaseholder a copy
of the proposed written lease with sufficient time for review prior to
finalizing any lease. Upon agreement, both the park owner and the prospective
leaseholder shall sign the lease and the park owner shall furnish a copy of the
signed lease to the leaseholder.
4.3 Uniform enforcement. Any lease term that
is not uniformly applied to all leaseholders of the same or similar category
shall be unenforceable, with the exception of different lot rent amounts in
mobile home parks constructed after June 1, 1995, or new lots in mobile home
parks expanded after that date. The park owner shall have the burden of proving
the existence of a reasonable basis for categorizing leaseholders or lots.
4.3.1 Admission Policy. A park owner may have
an admission policy. To be valid, any admission policy must be in writing,
clearly describe all requirements for eligibility, and include a statement that
the park owner will not discriminate in admissions for any reason described in
10 V.S.A. Section
6236(e)(3) or (4).
Admissions policies shall be uniformly applied to all prospective
leaseholders.
4.4 Removal
of mobile home. A lease term requiring removal from the mobile home park of a
mobile home that is detrimental to other residents for health or safety
reasons, or for failure to maintain reasonable aesthetic standards established
in the lease, shall be permissible. However, the age of a mobile home, in and
of itself, shall not justify a requirement for its removal from a mobile home
park. No lease term shall allow the park owner to require removal of a mobile
home without written notice to the mobile home owner and a reasonable
opportunity to cure the problem.
4.5 Subletting / Sale of Mobile Home. A lease
may not prohibit subletting. A leaseholder is required to obtain written
consent from the park owner, which shall not be unreasonably withheld, before
renting or selling his or her mobile home, or subleasing, or assigning the
lease, for the mobile home lot.
4.5.1
Permission to Sublet. A lease may require a leaseholder to notify the park
owner in writing of the name and mailing address of any prospective sublessee.
No such lease provision shall be enforceable, however, unless the lease also
requires the park owner to notify the prospective sublessee and the leaseholder
in writing within thirty days of request as to whether consent to the sublease
is granted. Notice to the prospective sublessee shall include the reasons for
denial, if applicable.
4.6 Rent charges; limits and exceptions. With
the exception of proprietary leases in mobile home parks owned by limited
equity housing cooperatives established under 11 V.S.A. chapter 14, this
subsection 4.6 shall govern all mobile home park leases with respect to rental
charges.
4.6.1 Lease terms governing rent
charges shall be effective for a minimum of one year. However, provided there
is notice at the inception of a new leaseholder's lease, a new leaseholder in a
mobile home park in which a uniform rent schedule impacts all lots in the
mobile home park simultaneously may be required to pay an increased rent charge
at the uniform increase date.
4.6.2
The lease shall provide for a minimum of 60 days' prior written notice of any
rent increase.
4.6.3
Notwithstanding any provision of the lease, a park owner may increase rental
charges during a year to the extent necessary to cover an increase in operating
expenses, but only in the event of an unanticipated increase of 20 percent or
more in the mobile home park's operating expenses which is the result of
legislative action taken during that year.
4.7 Required lease terms. All mobile home
park lot leases shall contain the following:
(a) Amount and schedule for rental and
utility charges and other reasonable incidental service charges, if any.
Failure to include such charges in the lease shall prohibit a park owner from
imposing or collecting the same.
(b) Names and addresses of the park
owners.
(c) Notice that the park
owner shall not discriminate for reasons of race, religious creed, color, sex,
sexual orientation, gender identity marital status, disability, national
origin, or due to receipt of public assistance, or because there are minor
children in the household.
(d)
Notice that the park owner shall not discriminate based on age except as
permitted under
9 V.S.A. §
4503(b)
and (c). Any permissible age restrictions
shall be identified in the lease.
(e) The requirement to obtain permission from
the park owner before renting or selling a mobile home, or subleasing, or
assigning a lease, for a mobile home lot.
(f) The notice period required from a
leaseholder who wishes to terminate a lease.
(g) The effective date of the
lease.
4.8 Lease
renewal; new lease terms. Any proposed new lease, lease amendment, addition to,
or deletion from the lease shall be provided in writing to all residents at
least thirty days in advance of the effective date of such change, and shall be
signed by the park owner and leaseholder. If the leaseholder does not object in
writing by the effective date, the leaseholder shall be deemed to have accepted
the new or changed lease terms or new lease. Lot leases automatically renew
unless superseded or replaced, or voided due to a termination or expiration of
tenancy.
Rule No.5
Charges and Fees
5.1 Entrance fees prohibited.
No park owner shall charge an entrance fee to a leaseholder or prospective
leaseholder for the privilege of leasing or occupying a mobile home park lot.
Nor may a leaseholder or prospective leaseholder be restricted in his or her
choice of vendors from whom to purchase goods and services. A reasonable charge
for the fair value of services performed in placing a mobile home on a mobile
home park lot shall not be considered an entrance fee, but such charge shall
not include upgrading any mobile home park utilities in order to comply with
state or local regulations, including the Rules for Mobile Home Park Warranty
of Habitability, Housing Division Rules, Part III.
5.2 Site improvement fee. A limited equity
housing cooperative organized to provide low- or moderate-income housing as
defined in 11 V.S.A. chapter 14, or a 501(c)(3) organization, as defined under
the federal tax code, or its wholly owned subsidiary, may charge a site
improvement fee to the initial leaseholder of an eligible mobile home
lot.
5.3 Security Deposits. A park
owner may require a leaseholder to pay a security deposit, and shall, in such
event, include in the lease provisions consistent with this subsection 5.3
which govern the security deposit. A park owner may be subject to municipal
ordinances with respect to security deposits in addition to the requirements of
the Mobile Home Park Act and these Rules.
5.3.1 The park owner may retain all or a
portion of a security deposit for the following:
(a) Nonpayment of rent;
(b) Damage to the park owner's property as a
result of the act or failure to act of the leaseholder, except ordinary wear
and tear;
(c) Nonpayment of utility
or other charges owed to the park owner by the leaseholder;
(d) Expenses incurred to remove any articles
abandoned by the leaseholder.
5.3.2 The park owner shall, by hand delivery
or first class mail to the last known address of the leaseholder, and within 14
days of the termination or expiration of the leaseholder's tenancy, return the
security deposit, including any interest accrued as required by the lease or
local ordinance, to the resident less deductions, if any, along with an
itemization of deductions. Failure to do so within 14 days shall result in a
forfeiture of the park owner's right to retain any portion of the security
deposit. Willful failure to do so within 14 days shall result in liability of
the park owner for double the amount withheld, plus reasonable attorneys' fees
and costs.
5.3.3 In the event of
sale or other transfer of the mobile home park, the park owner shall transfer
all security deposits to the new owner. The new park owner shall provide each
leaseholder notice that it has received transfer of the security deposit, the
amount transferred, and the new park owner's name and
address.
Rule
No.6 Lot Rent Increase
6.1
Notice. A park owner may not increase lot rent without first providing at least
60 days' written notice to each affected leaseholder and the Commissioner. The
notice shall be provided on a form provided by the Department, and shall
include:
(a) the amount, including any
capital improvements surcharge;
(b)
the effective date;
(c) a copy of
leaseholders' rights as provided at
10 V.S.A.
§§
6251 -
6253;
and
(d) the percentage of increase
from the current base lot rent.
6.1.1 No rent
increase shall be given within six months before a park closure notice is
issued or at any time while the closure notice is in effect, and any increased
rent paid by a leaseholder during the six months prior to a park closure notice
shall be refunded within seven days of the closure notice, unless the
Commissioner has determined that the rent increase is needed to help remedy an
emergency situation affecting the health, safety or welfare of the
residents.
6.2
Capital Improvements Surcharge.
6.2.1 Any
portion of a lot rent increase attributable to recovery of the park owner's
estimated Cost of Capital Improvements as defined in Section 2 hereof, shall be
considered a capital improvements surcharge, shall be limited as set forth at
10 V.S.A.
§
6251, and shall terminate at the time
the actual costs have been recovered.
6.2.2 If a lot rent increase is in any part
due to a capital improvements surcharge, the notice shall identify that portion
of the proposed increase attributed to the surcharge; the estimated cost of the
improvements; and the proposed duration of the surcharge to recover the
estimated cost, stated in 12-month increments.
6.2.3 The park owner, with the notice of lot
rent increase, shall provide the Commissioner with an affidavit stating the
estimated cost of the capital improvement, 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.
6.3 Lot Rent Dispute; Mediation.
6.3.1 The Department shall maintain a list of
qualified professional mediators compiled in cooperation with park owners and
leaseholders in Vermont.
6.3.2 A
majority of the affected leaseholders in a mobile home park may request
mediation of a proposed lot rent increase that is more than one percentage
point above the Consumer Price Index. Such request shall be made by delivering
to the Commissioner and the park owner, within 15 business days of the park
owner's notice to the Commissioner of lot rent increase, a petition stating
that the increase is disputed and bearing the signatures of the affected
leaseholders who so request, and the name of the person who will represent the
petitioners. However, if it is demonstrated that the park owner failed to send
the notice to the most current address provided to the park owner by any
leaseholder, and that notice to the leaseholder was delayed for that reason,
the petition shall be filed within 15 business days of the date on which it is
demonstrated that every affected leaseholder had received notice. Any refusal
of a certified mailing of the completed Lot Rent Increase Notice shall be
deemed to be receipt. The park owner shall bear the burden of demonstrating
that the proposed increase is reasonable.
6.3.2.1 A majority shall be determined by one
vote per leasehold, though no leaseholder shall have more than one
vote.
6.3.3 The Department
shall provide the list of qualified professional mediators to the park owner
and the petitioners' representative. The petitioners' representative and the
park owner shall select a mediator from the list who is mutually agreeable, and
provide the mediator's agreement to conduct the mediation to the Commissioner.
In the event that within 5 business days of receipt of the list, the parties
have not selected a mediator, the Commissioner shall appoint a mediator from
the list.
6.3.4 The park owner
shall provide to the mediator and the petitioners' representative all
information supporting the proposed increase at least 5 days before the initial
mediation session. The park owner shall also provide any documents or
information requested by the mediator for the purposes of the mediation. All
mediation sessions shall be completed at least 10 days prior to the effective
date of the proposed lot rent increase.
6.3.5 Any resolution of the dispute shall be
reduced to a written agreement among the parties, setting forth the amount of
any increase and its effective date, together with all other matters agreed
upon. The mediator shall detail the outcome of the mediation in a report signed
by all parties, and provide the same to the parties and the
Commissioner.
6.3.6 The selected or
appointed mediator shall not have any direct or indirect interest in the mobile
home park and shall disclose any experience as a park owner, or resident, along
with any other circumstances that may create an actual or perceived conflict of
interest. The mediator shall not be competent to testify in any subsequent
action regarding the proposed lot rent increase, and the mediator's report
shall not be admissible as evidence. The Department shall pay the fees for
mediation based on a schedule established pursuant to the Rules for Mediation
and Legal Services Payments and Consumer Price Index for Lot Rent Disputes,
Housing Division Rules, Part II.
6.4 Abatement; Civil Action. In the event
mediation is unsuccessful, a majority of the mobile home park's leaseholders
may file suit for abatement of an increase which is unreasonable based upon the
park owner's total reasonable or documented expenses, including the cost of
debt service and allowance for a reasonable return on the investment, as
compared to similar investments. Any abatement action must be filed within 30
days after the effective date of the lot rent increase. No abatement action may
be filed if the rent increase is effective following a completed sale of the
mobile home park which was contingent upon the increase, provided at least 6
months' notice has been given.
Rule
No.7 Mobile Home Park Owner Obligations
7.1 Implied Warranty. In every lease is
implied a covenant and warranty on the part of the park owner to provide,
throughout the period of the tenancy, premises which are safe, clean and fit
for human habitation, including:
(a) Adequate
and reliable utility services;
(b)
Safe electrical service to a location on each lot from which the mobile home
may be connected;
(c) Potable water
and sewage disposal to a location on each lot from which the mobile home may be
connected;
(d) Safe and fit roads,
common areas and facilities.
No waiver of the covenant and warranty of habitability shall
be enforceable.
7.2 Habitability Rules. Every park owner
shall comply with the Rules for Mobile Home Park Warranty of Habitability,
Housing Division Rules, Part III.
7.3 Failure to Comply. In the event a park
owner fails to comply with the obligation of habitability by making timely
repairs after actual notice from a leaseholder, a governmental entity, or a
qualified independent inspector, provided the conditions are not the result of
the acts or omissions of the leaseholder or resident beyond normal wear and
tear, and provided the noncompliance materially affects health and safety, a
leaseholder may:
(a) Withhold payment of lot
rent for the period of noncompliance;
(b) Seek a court order requiring
compliance;
(c) Seek a court order
for damages, costs, and reasonable attorneys' fees;
(d) Terminate the lease with reasonable
notice.
7.4 Relocation.
7.4.1 If a mobile home lot or rented mobile
home is condemned by a government agency due to willful failure of the owner to
comply with any obligations imposed by law, he or she shall be liable for the
reasonable relocation costs of the affected leaseholders and residents. Any
leaseholder or resident so affected may seek a court order requiring the owner
to pay reasonable relocation costs, including court costs and attorneys'
fees.
7.4.2 If a park owner
commences closure of a mobile home park within one year of receiving a notice
from a state or municipal official of a violation of health, safety or
environmental laws, or the habitability requirements contained in this Rule or
the Rules for Mobile Home Park Warranty of Habitability, Housing Division Rules
Part III, the Commissioner may require the park owner to pay up to $ 3,500 in
relocation costs to each affected leaseholder, unless the park owner can
demonstrate that he or she has no financial capacity to comply.
Rule No.8
Minor Defect; Noncompliance with Law or Lease
If, after 30 days' written notice, a park owner fails to
repair a minor defect, or cure noncompliance with the Mobile Home Park Act, or
noncompliance with a material provision of the lease which has occurred due to
no fault of the leaseholder, the leaseholder may repair the minor defect and
deduct the actual and reasonable cost thereof from rent next due, up to
one-half of one month's rent. Repair of a minor defect or noncompliance shall
not include major work on the park's water, septic, or electrical systems. The
leaseholder shall provide the park owner an itemization of the deduction along
with the rental payment, and shall be responsible for any damage to property of
the park owner caused by such repairs or attempts to repair.
Rule No.9 Mobile Home Park Resident
Obligations
9.1 Compliance with Regulations. A
resident shall not act in any way which will cause the mobile home park to be
out of compliance with building, environmental or housing or health
regulations.
9.2 Peaceful
Enjoyment. A resident shall not act or allow his or her guests or invitees to
act in a manner which would disturb other residents' peaceful enjoyment of the
mobile home park.
9.3 No
Destruction. A resident shall not deliberately or negligently destroy, deface,
damage or remove any part of the mobile home park or its fixtures, mechanical
or utility systems or furnishings, nor deliberately or negligently allow
another to do so.
9.4 Subletting.
No leaseholder may rent or sell his or her mobile home or sublease, or assign a
lease, for the mobile home lot without the express permission of the park
owner, which shall not be unreasonably withheld.
9.5 Notice of termination. A leaseholder may
terminate a lease by delivering written notice to the park owner of the
termination date at least one rental payment period prior to the termination
date, unless inconsistent with a written lease.
9.6 Penalties. In addition to eviction, a
park owner may seek court-ordered damages, costs and reasonable attorneys' fees
for violation of the obligations set forth in
10
V.S.A. §
6261.
Rule No.10 Mobile Home Park Owner Access
10.1 Mobile Home Lot. A park owner may enter
a mobile home lot under the following circumstances:
(a) with resident consent, which shall not be
unreasonably withheld;
(b) between
the hours of 7:00 a.m. and 7:00 p.m., provided at least 12 hours' notice has
been given, for the following purposes: inspection; to make necessary or agreed
repairs, alterations or improvements; to supply agreed services; or to exhibit
a lot for sale or rent, or to lenders or contractors; or
(c) without notice or permission upon
learning, unexpectedly, in the course of performing repairs in the mobile home
park, that entry is necessary to complete the repairs, provided that reasonable
attempts to contact the resident were made and the need to enter the lot was
not foreseeable.
10.2
Mobile Home. A park owner may enter a mobile home or a mobile home lot without
notice or permission upon the reasonable belief that there is a likelihood of
imminent injury to person or property, or of interruption in utility
services.
Rule No.11 Sale
of Mobile Home on Site
11.1 Notification.
Prior to selling a mobile home sited in a mobile home park, the mobile home
owner shall provide notice to the park owner by certified mail, notifying him
or her of the name and mailing address of the prospective buyer. The mobile
home owner shall provide a copy of a completed, unexecuted, Vermont mobile home
uniform bill of sale to the park owner at least 21 days prior to the transfer
or sale of the mobile home, and to the town clerk in which the mobile home is
located for his or her endorsement in compliance with
9
V.S.A. Section 2602.
11.2 Acceptance. The park owner shall lease
the mobile home lot to the prospective buyer if the buyer and his or her
household meet the terms of the lease or qualify under a valid admission policy
of the park. Upon approval the park owner shall provide the proposed lease to
the buyer. If the buyer does not notify the park owner of any objections to any
terms in the lease in writing prior to occupying the mobile home lot, the buyer
will be deemed to have accepted the lease.
11.3 Denial. If the park owner determines
that the buyer and his or her household do not meet the terms of the lease or
qualify under a valid admission policy, the park owner shall notify the mobile
home owner and prospective buyer in writing within twenty-one days. The notice
of denial to the prospective buyer shall list the specific reasons why the
buyer and his or her household do not qualify.
11.4 Deemed approval. Failure by a park owner
to provide a written notice of denial, including the reasons for denial, within
twenty-one days shall be deemed approval of the prospective buyer to lease the
lot on which the mobile home is sited.
11.5 Commission prohibited. No park owner
shall charge or collect a commission on the sale of a mobile home in the mobile
home park, except pursuant to a written agreement with the mobile home owner
for representation in the sale of the mobile home.
Rule No.12 Eviction of Mobile Home Park
Resident
12.1 Grounds. A leaseholder may only
be evicted by order of court for nonpayment of rent, substantial violation of
the lease terms, violation of the leaseholder's obligations as set forth at
10
V.S.A. §
6261, abandonment of the mobile
home, or in the event the mobile home park is closed in whole or in part. No
leaseholder may be evicted for a substantial violation of the lease terms
unless the eviction proceeding is commenced within 60 days of the last alleged
violation, or in the case of criminal activity within 60 days after the
leaseholder was arraigned on the charges. No leaseholder may be evicted for
violation of a lease term that is not enforced against others in the mobile
home park. Evictions of subletting mobile home residents shall be pursuant to
9 V.S.A. §
4467.
12.2 Notice.
12.2.1 Nonpayment of Rent or Substantial
Violation. The park owner shall provide notice to the leaseholder by certified
or registered mail before bringing any eviction proceedings. The notice shall
provide the grounds for eviction and the fact that eviction proceedings for
unpaid rent may be avoided by paying overdue rent within 20 days of the mailing
of the notice. No notice shall be required if the nonpayment of rent or a
substantial violation is the second such occurrence within 6 months, and proper
notice was provided with respect to the first nonpayment or substantial
violation during the period.
12.2.1.1 Notice
of Proceedings. A park owner shall serve notice of eviction proceedings
pursuant to
10 V.S.A. §
6237 and 12 V.S.A. Chapter 169 to the
leaseholder and to any occupants known to the park owner to be residing in the
mobile home.
12.2.2 Park
Closure. A park owner shall provide notice, delivered by certified mail, to the
Commissioner and to each affected resident or leaseholder of the mobile home
park at least 18 months before closure of the park or any part of the park that
would result in the eviction of any residents or leaseholders or the removal of
any or all of the mobile homes. The period of time between delivery of notice
and the proposed closure date shall be the "Notice Period." The notice shall
include:
(a) a statement that the park owner
intends to close all or part of the mobile home park;
(b) the date that the park owner intends to
close all or part of the mobile home park;
(c) a statement that no evictions will be
commenced during the notice period, except for nonpayment of rent or
substantial violations of the lease;
(d) a properly completed and signed
Notification to Department of Housing and Community Development of Intent to
Close a Mobile Home Park form;
(e)
a list of the names and mailing addresses of each of the affected leaseholders
and residents of the mobile home park.
The Notice Period shall not commence until the date on which
all of the affected leaseholders or residents have received notice in
accordance with the requirements of this subsection 12.2.2, except that the
commencement of the Notice Period shall not be delayed by a resident or
leaseholder's failure to provide updated address or contact information to the
park owner. Any refusal of the certified mailing of the closure notice shall be
deemed to be receipt.
12.2.3 Notice of Intent to Sell Required.
Before giving a park closure notice the park owner shall issue a park sale
notice pursuant to section 13 below that discloses the potential closure of the
mobile home park, or record a notice in the land records of the municipality
where the mobile home park is located prohibiting the park owner from selling
the land for a period of five years.
12.2.4 Permission for Shortened Notice
Period. Upon request, and if necessary to assure the health safety or welfare
of the mobile home park residents, the Commissioner may change the notice
requirement by allowing a shortened Notice Period. A request shall be in
writing in the form of a sworn affidavit and include:
(a) a statement of the reasons why the
shortened Notice Period is requested;
(b) the steps the park owner has taken to
correct or mitigate the problem;
(c) any alternatives to shortened Notice
Period; and
(d) any assistance that
will be offered to the affected leaseholders and residents due to their
proposed dislocation.
Upon receipt of a request for a shortened Notice Period, the
Commissioner may contact state and local health officials, the affected
leaseholders and residents, and others for further information and comments.
The Commissioner shall render a decision within sixty days of the
request.
12.2.5
Expiration of Closure Notice. The mobile home park shall be deemed to have
closed at such time as at least 18 months from delivery of notice has elapsed,
or at the end of such longer Notice Period as may have been identified by the
park owner, and fewer than three (3) mobile homes are occupied within what had
been the mobile home park, or when every leaseholder and resident has vacated
the mobile home park and removed his or her mobile home and possessions,
whichever is sooner. However, if the park owner has not completed the park
closure or commenced eviction proceedings within 18 months after the proposed
closure date or expiration of the Notice Period, whichever is later, the
closure notice shall be deemed void, and any attempt to close the mobile home
park shall require a new notice process pursuant to paragraph 12.2.2.
Notwithstanding the voiding of the closure notice, evictions already commenced
may continue.
12.3 No
Force or Self Help. A leaseholder shall not be evicted by force or any other
self-help measure.
12.4 Illegal
Evictions. Willful interruption of any utility service other than for necessary
repairs on a temporary basis, or eviction or other denial of access by a park
owner to a resident's property other than by order of court shall be considered
an illegal eviction. Condemnation of a lot or a mobile home resulting from the
acts or omissions of the park owner shall be considered an illegal eviction.
This shall not be construed to prohibit disconnection due to nonpayment of
water charges by a water system approved by the Vermont Public Service Board,
nor to interfere in any way with rights and obligations of an approved water
system.
12.5 Remedies for Illegal
Evictions. Any leaseholder may bring suit against the park owner for illegal
eviction and seek recovery of damages, injunctive relief, costs and reasonable
attorneys' fees. A leaseholder may not seek an injunction to allow continued
occupation of a condemned lot or mobile home park. A park owner may recover
reasonable attorneys' fees for defense of an illegal eviction action that is
determined to be frivolous or intended solely for harassment.
12.6 Remedies for Retaliatory Conduct. Any
leaseholder may seek a court order against a park owner for changing the terms
of a lease or for bringing or threatening to bring an action because of the
leaseholder's complaint about conditions in the mobile home park to a
governmental agency or town official, or to the park owner about a violation of
chapter 153 of Title 10, or because the leaseholder has organized or joined a
residents' organization. Such court order may provide damages and reasonable
attorneys' fees. Retaliatory conduct by the park owner may be a defense to any
court action brought by the park owner against a leaseholder.
12.7 Penalties. A park owner who closes a
mobile home park and sells the land within five years without complying with
the requirement to give a notice of intent to sell the park shall be liable to
the State in the amount of $ 10,000 or 50% of the gain realized from the sale,
whichever is greater, unless the Commissioner determines that strict compliance
with the notice and holding requirements is likely to cause undue hardship to
the park owner, leaseholders, or both.
Rule No.13 Mobile Home Park Sale
13.1 Notice. A park owner shall provide each
mobile home owner and the Commissioner notice of intent to sell the mobile home
park by certified mail return receipt requested, on a form provided by the
Department ("Notice of Intent to Sell"). If the Notice is refused or otherwise
undeliverable, the park owner shall send the Notice by first class mail to the
mobile home owner's last known mailing address. A refusal of the certified
mailing of the completed Notice of Intent to Sell shall be deemed to be
receipt. No notice to the Commissioner shall be required when a notice to
mobile home owners is not required.
13.2 Notice Date. The Notice Date shall be
the date upon which the Commissioner has received notice of intent to sell the
mobile home park in accordance with this rule. However, if within 30 days it is
demonstrated that the park owner failed to send notice to the most current
address provided to the park owner by a mobile home owner, and that notice to
the mobile home owner was delayed for that reason, the Notice Date shall be the
date on which it is demonstrated that every mobile home owner has received
notice.
The Notice shall include:
(a) A statement that the park owner intends
to sell the mobile home park;
(b)
The price, terms and conditions under which the mobile home park is offered for
sale;
(c) A detailed description of
the property offered for sale including the location and size of the mobile
home park, number of mobile home lots, any buildings including mobile homes,
and any other real or personal property, equipment or fixtures included in the
sale terms;
(d) A list of the names
and mailing addresses of the mobile home owners, and the number of leaseholds
held by each;
(e) The status of the
mobile home park regarding compliance with all statutes, regulations and
permits to the owner's best knowledge, and an explanation for any
noncompliance;
(f) A statement that
for forty-five (45) days following the notice the park owner will not enter
into any agreement to sell the mobile home park that would infringe the rights
of the mobile home owners to negotiate for purchase of the mobile home park;
and if within the forty-five (45) day period the park owner receives notice
from a majority of the mobile home owners that they intend to consider purchase
of the mobile home park, that the park owner will not enter into any agreement
to sell the mobile home park that would infringe the rights of the mobile home
owners to negotiate for purchase of the mobile home park for an additional one
hundred and twenty (120) days, except for an agreement with a group
representing a majority of the mobile home owners or with a nonprofit entity
approved by a majority of the them;
(g) A properly completed and signed
Notification to the Department of Housing and Community Development of Intent
to sell a Mobile Home Park form.
13.3 Mobile Home Owners Right to Negotiate
Purchase. A majority of the mobile home owners in a mobile home park shall have
the right to negotiate to purchase the mobile home park by providing a Notice
of Intent to Negotiate to the park owner and the Commissioner within 45 days of
the Notice Date (the "Notice Period"). Such Notice of Intent to Negotiate shall
be a written statement, bearing the signatures of a majority of the mobile home
owners. A majority shall be determined by one vote per leasehold, though no
mobile home owner shall have more than 3 votes or 30% of the aggregate mobile
home park vote, whichever is less. Any dispute as to whether a majority has
been achieved shall be resolved by the Commissioner by comparing the list of
mobile home owners provided by the park owner to the mobile home owners' notice
of intent. Inaccuracies in such list as to the number or identity of mobile
home owners shall render the Notice of Mobile Home Park Sale incomplete.
13.3.1 Period of Negotiation. If the park
owner receives a Notice of Intent to Negotiate from the mobile home owners
pursuant to subsection 13.3 above, then for an additional 120 days (the
"Negotiation Period'), starting from the 46 [th ] day following the Notice
Date, the park owner shall:
(a) Not enter
into any agreement to sell the mobile home park that would infringe upon the
rights of the mobile home owners to negotiate for purchase of the mobile home
park; and
(b) Fully consider any
written offer to purchase from the mobile home owners or their selected
nonprofit organization.
(c) If the
park owner does not receive a Notice of Intent to Negotiate bearing the
signatures of a majority of the mobile home owners during the 45-day Notice
Period, he or she has no further restrictions on the sale unless a new notice
is required pursuant to Section 13.3.3 below.
13.3.2 Obligations of Good Faith. The park
owner and the mobile home owners or the nonprofit corporation selected by the
mobile home owners shall negotiate sale terms with one another in good faith as
defined in Section 2.6 above. Sale terms include the price and other factors
generally given consideration such as financing or closing
contingencies.
13.3.3 New Notice
Required. Prior to the expiration of the Notice of Intent to Sell, and before
making an offer to sell or accepting an offer to purchase the mobile home park,
the park owner shall provide a new Notice of Intent to Sell in accordance with
Section 13.1 above unless the sale price is:
a) no more than five percent below the price
for which the mobile home park was initially offered for sale; or
b) at least five percent more than the final
written offer from a group representing a majority of the mobile home owners or
a nonprofit corporation approved by them.
13.4 Health and Safety Disclosures. Prior to
the sale of a mobile home park, the park owner shall furnish the following to
the buyer:
(a) the results of the most recent
sanitary survey of the mobile home park conducted by the Agency of Natural
Resources;
(b) the results of all
drinking water tests required or performed for the mobile home park during the
preceding 36 months; and
(c) all
state and local government permits related to operation of the mobile home park
and its systems.
13.5
Penalties. In addition to any other causes of action or penalties, a park owner
that sells a mobile home park in violation of its obligations under this
section and
10
V.S.A. §
6242 shall be liable to the
mobile home owners in the amount $ 10,000 or 50% of the gain realized from the
sale, whichever is greater.
13.6
Applicability of Section. The requirements of this section shall have no
applicability to sales or transfers among family members, through foreclosure,
to a trust solely benefiting a park owner's family members, among partners who
are owners, incidental to financing, among owners as joint tenants or tenants
in common, pursuant to eminent domain, or pursuant to a municipal tax
sale.
13.7 Expiration of Notice of
Intent to Sell. A Notice of Intent to Sell shall expire if sale of the mobile
home park has not been completed within 12 months of the expiration of the
45-day Notice Period, except when the park owner has entered into a binding
purchase agreement with a group representing a majority of the mobile home
owners or a nonprofit corporation approved by them. Any efforts to sell or
close on an existing purchase and sale agreement after the expiration of the
Notice of Intent to Sell shall require a new Notice of Intent to Sell and
renewed rights in the mobile home owners to negotiate for purchase of the
mobile home park.
Rule
No.14 Penalties; Enforcement
14.1
Notice of Alleged Violation
14.1.1 The
Commissioner may issue a notice of alleged violation of the Mobile Home Park
Law. A notice of alleged violation must be in writing.
14.1.2 The notice shall include, at a
minimum, the following:
a) a description of
the alleged violation, including reference to the particular statute and any
applicable Housing Division Rule allegedly violated;
b) a statement of the legal authority and
jurisdiction under which administrative penalty is being assessed;
c) the amount of the proposed administrative
penalty; and
d) a warning that the
decision to impose a penalty may become final and the penalty imposed if no
hearing is requested within 20 calendar days of receipt of the
notice.
14.1.3 The
notice of alleged violation shall be served on the park owner by certified mail
or personal service.
14.1.4 The
park owner alleged to have committed the violation shall have 20 calendar days
from the date of service to file a written request for a hearing. If no request
for a hearing is filed within 20 calendar days, the notice and penalty shall be
deemed a final order of the Commissioner.
14.1.5 Notice of alleged violation and
penalties issued under these rules shall not limit the authority of the
Commissioner to bring a civil action for damages or injunctive relief, or both,
to refer a violation to the Attorney General or State's Attorney for
enforcement, or to take any other appropriate enforcement
action.
14.2 Hearing
Process. The procedures set forth in
3 V.S.A. §§
809 through
813 shall
cover all hearings under these rules.
14.2.1 A
park owner who requests a hearing regarding a notice of alleged violation shall
be entitled to a hearing before the Commissioner within 60 days of filing the
request. The 60-day time frame may be extended if the park owner who requested
the hearing requests, in writing, additional time to prepare for the
hearing.
14.2.2 A hearing notice
that includes the time, place, and nature of the hearing shall be delivered to
the park owner within 7 days of receipt of a request for a hearing and no less
than 15 days prior to the date set for the hearing.
14.2.3 The Commissioner may appoint a hearing
officer to hear evidence on the alleged violation, prepare findings, and
recommend a decision.
14.2.4 The
park owner may appear at the hearing with or without counsel, and may present
evidence and examine and cross-examine witnesses.
14.2.5 At the hearing the rules of evidence
shall be according to
3 V.S.A. §
810.
14.2.6 Opportunity shall be given all parties
to respond and present evidence and argument on all issues involved.
14.2.7 The hearing officer may compel, by
subpoena, the attendance and testimony of witnesses and the production of books
and records in accordance with
3 V.S.A. §§
809,
809a,
and
809b.
14.2.8 Oral proceedings or any part thereof
shall be recorded, and shall be transcribed on request of any party subject to
other applicable provisions of law, and upon payment by the requesting party of
the reasonable costs thereof.
14.2.9 Nothing in this section shall prohibit
the informal disposition of a notice of alleged violation by stipulation,
agreed settlement, consent order or default. Informal disposition may proceed
with clear and simple documentation without complete adherence to this
section.
14.3
Administrative Penalty/Fine. In assessing a penalty, the Commissioner shall
consider the degree of actual and potential impact on public health, safety,
and welfare resulting from the violation; the number of people affected by the
violation; whether or not the violation was corrected after notification of its
existence; the economic benefit gained by the violation; the deterrent effect
of the penalty; and whether the park owner has been fined for the same or
similar violations in the past. Standard penalties shall be based on a schedule
maintained by the Department, which shall be made available to the public upon
request.
14.4 Decision. At the
close of the evidence the Commissioner shall issue a written decision, which
shall include, at a minimum, the following:
a)
Findings of fact relevant to each alleged violation;
b) Conclusion of law regarding each alleged
violation;
c) Amount of the penalty
imposed for each violation;
d) Date
on which the penalty is due; and
e)
Instructions to the park owner on where to file any appeal and the applicable
time limits.
14.5
Collection. The Department may collect an unpaid administrative penalty by
filing a civil collection action in any superior court, or through any other
means available to state agencies, after the time for filing an appeal has
expired.
14.6 Civil Action by
Resident. In addition to any other rights of action, any resident may file suit
against the park owner, after 30 days' written notice by certified mail to the
park owner, for violation of 10 V.S.A. chapter 153 §§ 6236-6243 and
for violation of
10
V.S.A. §
6242, may seek damages in the
amount of $ 10,000.00 or 50 percent of the gain realized by the park owner from
the sale, whichever is greater, as well as actual and punitive
damages.