§ 6201. Definitions
As used in this chapter:
(1) “Mobile home” means:
(A) a structure or type of manufactured home, including the plumbing, heating, air-conditioning,
and electrical systems contained in the structure, that is:
(i) built on a permanent chassis;
(ii) designed to be used as a dwelling with or without a permanent foundation when connected
to the required utilities;
(iii) transportable in one or more sections; and
(iv)(I) at least eight feet wide, 40 feet long, or when erected has at least 320 square feet;
or
(II) if the structure was constructed prior to June 15, 1976, at least eight feet wide
or 32 feet long; or
(B) any structure that meets all the requirements of this subdivision (1) except the size
requirements, 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.
(C) [Repealed.]
(2) “Mobile home park” means any parcel of land under single or common ownership or control
that contains, or is designed, laid out, or adapted to accommodate, more than two
mobile homes. “Mobile home park” does not mean premises used solely for storage or
display of mobile homes. Mobile home park does not mean any parcel of land under the
ownership of an agricultural employer who may provide up to four mobile homes used
by full-time workers or employees of the agricultural employer as a benefit or condition
of employment or any parcel of land used solely on a seasonal basis for vacation or
recreational mobile homes.
(3) “Public highway” means a public highway as defined in 19 V.S.A. § 1 except within the perimeter of a mobile home park.
(4) [Repealed.]
(5) “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.
(6) “Mobile home park resident” or “resident” means an individual, individuals, or family
who occupies a mobile home on a permanent or temporary basis in a mobile home park
as that term is defined in subdivision (2) of this section.
(7) “Mobile home park owner” or “park owner” means the owners, operators, officers, or
managing agents of a mobile home park as well as any person acting through any corporate
or other device who has the practical authority to establish rules, policies, or other
requirements for the operation of the mobile home park. The term shall not include
a stockholder for a corporation owning stock in a mobile home park unless such stockholder
has a controlling interest in the corporation and has the practical authority to establish
rules, policies, or other requirements for the operation of the mobile home park.
(8) “Department” means the Department of Housing and Community Development.
(9) “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.
(10) “Lot rent” means a charge assessed on a mobile home park resident for the occupancy
of a mobile home lot, but does not include charges permitted under section 6238 of this title.
(11) “Commissioner” means the Commissioner of Housing and Community Development.
(12) “Single or common ownership or control” means ownership or control by any person or
persons and includes affiliations of individuals or entities, or both, that are formed
in order to derive profit, consideration, or any other beneficial interest. The following
individuals and entities shall be presumed not to be affiliated for beneficial interest
unless there is substantial evidence of an intent to evade the purposes of this chapter:
(A) A stockholder in a corporation, if the stockholder and the stockholder’s spouse, parents,
children, and siblings own, control, or have a beneficial interest in less than five
percent of the outstanding shares in the corporation.
(B) An individual in the capacity as an agent and within the normal scope of the individual’s
duties as a court appointed guardian, attorney, real estate broker or salesperson,
engineer, or land surveyor, unless compensation received or beneficial interest obtained
as a result of these duties indicates more than an agency relationship.
(C) A seller or chartered lending institution that only provides financing for all or
a part of the purchase price at rates not substantially higher than prevailing lending
rates in the community and subsequently grants a partial release of the security when
the buyer establishes or maintains a mobile home park.
(13) “Flood hazard area” has the same meaning as in section 752 of this title.
(14) “Flood insurance rate map” means, for any mobile home park, the official flood insurance
rate map describing that park published by the Federal Emergency Management Agency
on its website. (Added 1969, No. 291 (Adj. Sess.), § 3, eff. date, see note set out below; amended 1973, No. 264 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 3; 1989, No. 235 (Adj. Sess.); 1993, No. 141 (Adj. Sess.), §§ 2, 20, eff. May 6, 1994; 1995, No. 33, §§ 4, 5, eff. June 1, 1995; 1997, No. 103 (Adj. Sess.), § 1, eff. April 23, 1998; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2003, No. 104 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 53; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2019, No. 131 (Adj. Sess.), § 14; 2023, No. 181 (Adj. Sess.), § 105, eff. June 17, 2024.)