Vermont § 6236 - Lease terms; mobile home parks

§ 6236. Lease terms; mobile home parks

• (a) All terms governing the use and occupancy of a mobile home lot shall be contained
  in a written lease. Mobile home park owners shall promulgate reasonable and fair lease
  terms governing the use and occupancy of a mobile home lot and shall furnish an initial
  copy of the lease to leaseholders. Any lease term that prohibits or in any other manner
  obstructs the ability of any leaseholder to act in accordance with the provisions
  of this chapter shall be unenforceable. Any lease term that is not uniformly applied
  to all leaseholders of the same or a similar category shall be unenforceable, except
  that a park owner may establish a different lot rent rate for a mobile home park constructed
  after June 1, 1995 or for new lots in an expanded mobile home park constructed after
  June 1, 1995. Mobile home park owners shall not restrict access by representatives
  of the Department to the leaseholders of the park. (b) A lease term requiring the removal from a mobile home park of a mobile home that is
  detrimental to the other residents of the park for either health, safety, or aesthetic
  reasons shall not be considered unreasonable or unfair. (c) Prospective leaseholders shall be furnished with a copy of the proposed lease prior
  to any agreement to use or occupy a mobile home lot, and upon acceptance of the lease
  terms the lease shall be signed by the lessor and lessee. Any provision in a lease
  governing rental and utility charges shall be effective for a minimum of one year,
  except in the case of a new leaseholder in a mobile home park in which there is a
  uniform rent schedule that affects all lots in that park simultaneously. The initial
  lease for a new leaseholder may include the anticipated increase in the rent and utility
  charge at the time it occurs for the other lots. A mobile home park owner shall provide
  leaseholders with a minimum of 60 days’ notice prior to any rent increase. Rent increase
  notices shall not be given within six months prior to the issuance of a closure notice
  or at any time during which the closure notice is in effect. All rent increases received
  by the park owner during the six months prior to the issuance of a closure notice
  shall be returned to the affected leaseholders within seven days of issuance of the
  closure notice, except when the Commissioner determines the rent increase is needed
  to help remedy an emergency situation that affects the resident’s health, safety,
  or welfare. This subsection shall not apply to proprietary leases in mobile home parks
  owned by limited equity housing cooperatives established under 11 V.S.A. chapter 14.
  The rental and utility charge may be increased during a year if the operating expenses
  of the park increase 20 percent or more during that year as the result of legislative
  action taken during that year and the increase could not have been anticipated. The
  rental and utility charge may be increased during a year only to the extent necessary
  to cover the increase in operating expenses of the park. (d) No person shall sell, lease, or sublease a mobile home or sublease or assign a lease
  for a lot in a mobile home park without first obtaining the written approval of the
  park owner, which shall not be unreasonably withheld. A violation of this subsection
  shall be grounds for eviction. (e) All mobile home lot leases shall contain the following: (1) Rental and utility charges and other reasonable incidental service charges, if any.
  No charges other than properly disclosed charges for rent, utilities, or other reasonable
  incidental services may be imposed or collected. (2) Names and addresses of the park owners. (3) 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 because a person is a recipient of public assistance. (4) Notice that the park owner shall not discriminate based on age or the presence of
  one or more minor children in the household, except as permitted under 9 V.S.A. § 4503(b) and (c). If age restrictions exist in all or part of a park, the specific restrictions
  and geographic sections in which restrictions apply shall be documented in the lease. (5) The requirement to obtain permission from the park owner prior to leasing or selling
  a mobile home or assigning or subleasing a lease for a mobile home lot to another
  person. (6) The notice required from a leaseholder in order to terminate the lease or occupancy
  arrangement. (7) An effective date of the lease. (8)(A) Notice that the mobile home park is in a flood hazard area if any lot within the mobile
  home park is wholly or partially located in a flood hazard area according to the flood
  insurance rate map effective for the mobile home park at the time the proposed lease
  is furnished to a prospective leaseholder. This notice shall be provided in a clear
  and conspicuous manner in a separate written document substantially in the form prescribed
  by the Department of Housing and Community Development pursuant to subdivision (B)
  of this subdivision (8) and attached as an addendum to the proposed lease. (B) The Department of Housing and Community Development shall develop a model form for
  the notice provided under this section that shall include the information required
  under subdivision (A) of this subdivision (8). (f) A copy of all new lease terms shall be furnished to all leaseholders at least 30 days
  prior to the effective date of any amendment, addition, or deletion of the existing
  lease terms. Upon request, the park owner shall provide to any leaseholder a copy
  of the current lease for his or her lot. (Added 1973, No. 264 (Adj. Sess.), § 2; amended 1987, No. 252 (Adj. Sess.), § 3; 1989, No. 229 (Adj. Sess.), § 8; 1993, No. 141 (Adj. Sess.), § 10, eff. May 6, 1994; 1995, No. 33, § 3, eff. June 1, 1995; 1997, No. 103 (Adj. Sess.), § 2, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 57; 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2023, No. 181 (Adj. Sess.), § 104, eff. June 17, 2024.)