Vermont § 6252 - Lot rent increase dispute; mediation

§ 6252. Lot rent increase dispute; mediation

• (a) If the percentage of a proposed lot rent increase is more than one percentage point
  above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published
  by the U.S. Bureau of Labor Statistics in the periodical “Monthly Labor Review and
  Handbook of Labor Statistics” as established annually by the Department, and if, within
  15 business days after receipt by the Commissioner of the notice required pursuant
  to subsection 6251(a) of this title, a majority of the affected leaseholders files with the Commissioner and the park
  owner a written petition that includes the name of the person who will act as the
  representative of the leaseholders, and a statement that they dispute the proposed
  lot rent increase, the Commissioner shall send a list of qualified professional mediators
  compiled by the Department in cooperation with park owners and leaseholders to the
  park owner and to the leaseholders’ representative. Within five business days of receipt
  of the list, the park owner and the leaseholders’ representative shall agree on a
  mediator from the list provided by the Commissioner and notify the Commissioner of
  the name, address, and telephone number of the mediator selected, accompanied by the
  mediator’s agreement to conduct the mediation. If the Commissioner has not been notified
  of a mediator as required by this subsection, the Commissioner shall appoint a mediator
  from the Department’s list. The mediator may not have any interest, direct or indirect,
  in the mobile home park at issue and shall disclose to the park owner, the leaseholders,
  and the Commissioner any experience as a mobile home park owner, resident, or leaseholder,
  or any other circumstance that may create a real or perceived conflict of interest.
  The Department shall pay the reasonable fees for professional mediation services based
  on a schedule established by rule of the Department. (b) The mediator shall conduct one or more mediation sessions within the period that ends
  10 days prior to the effective date of the proposed lot rent increase. The mediation
  shall include the mobile home park owner and the leaseholders, or their respective
  representatives, and shall attempt to resolve the dispute. No later than five days
  before the initial mediation session, the mobile home park owner shall provide to
  the mediator and the leaseholders’ representative all documents and information that
  the park owner considers relevant to support the proposed lot rent increase. The mobile
  home park owner shall have the burden of providing information to show that the proposed
  lot rent increase is reasonable. The mediator may also request any additional documents
  or information for the purposes of the mediation process. Any resolution of the dispute
  shall include an agreement regarding the amount of lot rent increase and the effective
  date. If the dispute is resolved, the mobile home park owner shall not be required
  to provide any additional notice in order for the lot rent increase to take effect
  pursuant to the resolution. (c) The mediator shall issue to the parties and the Commissioner a report signed by the
  mediator and the parties regarding the outcome of the mediation. The report shall
  not be admitted into evidence and the mediator shall not be competent to testify in
  any subsequent action regarding the proposed lot rent increase. (Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 4, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 69.)