Vermont § 6237a - Mobile home park closures

§ 6237a. Mobile home park closures

• (a) At least 18 months prior to the closure of a mobile home park or any mobile home lot
  that will result in the eviction of a resident or a leaseholder or removal of a mobile
  home, a park owner shall give notice of the closure to each affected resident or leaseholder
  and to the Commissioner by certified mail. Upon request, the Commissioner may waive
  some or all of the 18-month notice period if the closure is necessary to ensure the
  health, safety, or welfare of park residents. No evictions may be commenced during
  the 18-month closure period except for nonpayment of rent or a substantial violation
  of the lease terms. (b) Prior to issuing a closure notice pursuant to subsection (a) of this section, a park
  owner shall first issue a notice of intent to sell in accordance with section 6242 of this title that discloses the potential closure of the park. However, if the park owner sends
  a notice of closure to the residents and leaseholders without first providing the
  mobile home owners with a notice of intent to sell under section 6242 that discloses
  the potential closure of the park, then the park owner shall retain ownership of the
  land for five years after the date the closure notice was provided. If required, the
  park owner shall record the notice of the five-year restriction in the land records
  of the municipality in which the park is located. The park owner may apply to the
  Commissioner for relief from the notice and holding requirements of this subsection
  if the Commissioner determines that strict compliance is likely to cause undue hardship
  to the park owner or the leaseholders, or both. This relief shall not be unreasonably
  withheld. (c) When a park owner gives notice of intent to sell pursuant to section 6242 of this title, any previous notice of closure and any evictions commenced pursuant to the closure
  notice are void. (d) A park owner who gives notice of intent to sell pursuant to section 6242 of this title shall not give notice of closure until after: (1) at least 45 days after giving notice of intent to sell; and (2) if applicable, the Commissioner receives notice from the mobile home owners and the
  park owner that negotiations have ended following the 120-day negotiation period provided
  in subdivision 6242(c)(1) of this title. (e) A park owner who closes a mobile home park within five years of providing closure
  notice by selling the land on which the park was located without complying with subsection
  (b) of this section shall be liable to the State in the aggregate amount of $10,000.00
  or 50 percent of the gain realized by the park owner from the sale, whichever is greater,
  unless the Commissioner has granted relief from strict compliance pursuant to subsection
  (b) of this section. (f) A park owner may bring an action for possession upon the expiration of the 18-month
  closure notice. The only defense to an action for possession in the case of a park
  closure is improper notice. (Added 2007, No. 176 (Adj. Sess.), § 59; amended 2011, No. 137 (Adj. Sess.), § 2, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 30.)