The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
PERMITS AND RULES
(Cite as: 10 V.S.A. § 6253)
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§ 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.)