CVR 11-020-001 § 12

12.1 Grounds. A leaseholder may only be evicted by order of court for nonpayment
of rent, substantial violation of the lease terms, violation of the leaseholder’s obligations
as set forth at 10 V.S.A. § 6261, abandonment of the mobile home, or in the event the
mobile home park is closed in whole or in part. No leaseholder may be evicted for a
substantial violation of the lease terms unless the eviction proceeding is commenced
within 60 days of the last alleged violation, or in the case of criminal activity within 60
days after the leaseholder was arraigned on the charges. No leaseholder may be evicted
for violation of a lease term that is not enforced against others in the mobile home park.
Evictions of subletting mobile home residents shall be pursuant to 9 V.S.A. § 4467.

12.2 Notice.

12.2.1 Nonpayment of Rent or Substantial Violation. The park owner shall
provide notice to the leaseholder by certified or registered mail before bringing
any eviction proceedings. The notice shall provide the grounds for eviction and
the fact that eviction proceedings for unpaid rent may be avoided by paying
overdue rent within 20 days of the mailing of the notice. No notice shall be
required if the nonpayment of rent or a substantial violation is the second such

occurrence within 6 months, and proper notice was provided with respect to the
first nonpayment or substantial violation during the period.

12.2.1.1 Notice of Proceedings. A park owner shall serve notice of
eviction proceedings pursuant to 10 V.S.A. § 6237 and 12 V.S.A. Chapter
169 to the leaseholder and to any occupants known to the park owner to be
residing in the mobile home.

12.2.2 Park Closure. A park owner shall provide notice, delivered by certified
mail, to the Commissioner and to each affected resident or leaseholder of the
mobile home park at least 18 months before closure of the park or any part of the
park that would result in the eviction of any residents or leaseholders or the
removal of any or all of the mobile homes. The period of time between delivery
of notice and the proposed closure date shall be the “Notice Period.” The notice
shall include:

(a) a statement that the park owner intends to close all or part of the
mobile home park;

(b) the date that the park owner intends to close all or part of the mobile
home park;

(c) a statement that no evictions will be commenced during the notice
period, except for nonpayment of rent or substantial violations of the
lease;

(d) a properly completed and signed Notification to Department of
Housing and Community Development of Intent to Close a Mobile Home
Park form;

(e) a list of the names and mailing addresses of each of the affected
leaseholders and residents of the mobile home park.

The Notice Period shall not commence until the date on which all of the affected
leaseholders or residents have received notice in accordance with the
requirements of this subsection 12.2.2, except that the commencement of the
Notice Period shall not be delayed by a resident or leaseholder’s failure to provide
updated address or contact information to the park owner. Any refusal of the
certified mailing of the closure notice shall be deemed to be receipt.

12.2.3 Notice of Intent to Sell Required. Before giving a park closure notice
the park owner shall issue a park sale notice pursuant to section 13 below that
discloses the potential closure of the mobile home park, or record a notice in the
land records of the municipality where the mobile home park is located
prohibiting the park owner from selling the land for a period of five years.

12.2.4 Permission for Shortened Notice Period. Upon request, and if
necessary to assure the health safety or welfare of the mobile home park residents,
the Commissioner may change the notice requirement by allowing a shortened
Notice Period. A request shall be in writing in the form of a sworn affidavit and
include:

(a) a statement of the reasons why the shortened Notice Period is
requested;

(b) the steps the park owner has taken to correct or mitigate the problem;

(c) any alternatives to shortened Notice Period; and

(d) any assistance that will be offered to the affected leaseholders and
residents due to their proposed dislocation.

Upon receipt of a request for a shortened Notice Period, the Commissioner may
contact state and local health officials, the affected leaseholders and residents, and
others for further information and comments. The Commissioner shall render a
decision within sixty days of the request.

12.2.5 Expiration of Closure Notice. The mobile home park shall be deemed to
have closed at such time as at least 18 months from delivery of notice has elapsed,
or at the end of such longer Notice Period as may have been identified by the park
owner, and fewer than three (3) mobile homes are occupied within what had been
the mobile home park, or when every leaseholder and resident has vacated the
mobile home park and removed his or her mobile home and possessions,
whichever is sooner. However, if the park owner has not completed the park
closure or commenced eviction proceedings within 18 months after the proposed
closure date or expiration of the Notice Period, whichever is later, the closure
notice shall be deemed void, and any attempt to close the mobile home park shall
require a new notice process pursuant to paragraph 12.2.2. Notwithstanding the
voiding of the closure notice, evictions already commenced may continue.

12.3 No Force or Self Help. A leaseholder shall not be evicted by force or any other
self-help measure.

12.4 Illegal Evictions. Willful interruption of any utility service other than for
necessary repairs on a temporary basis, or eviction or other denial of access by a park
owner to a resident’s property other than by order of court shall be considered an illegal
eviction. Condemnation of a lot or a mobile home resulting from the acts or omissions of
the park owner shall be considered an illegal eviction. This shall not be construed to
prohibit disconnection due to nonpayment of water charges by a water system approved
by the Vermont Public Service Board, nor to interfere in any way with rights and
obligations of an approved water system.

12.5 Remedies for Illegal Evictions. Any leaseholder may bring suit against the park
owner for illegal eviction and seek recovery of damages, injunctive relief, costs and
reasonable attorneys’ fees. A leaseholder may not seek an injunction to allow continued
occupation of a condemned lot or mobile home park. A park owner may recover
reasonable attorneys’ fees for defense of an illegal eviction action that is determined to be
frivolous or intended solely for harassment.

12.6 Remedies for Retaliatory Conduct. Any leaseholder may seek a court order
against a park owner for changing the terms of a lease or for bringing or threatening to
bring an action because of the leaseholder’s complaint about conditions in the mobile
home park to a governmental agency or town official, or to the park owner about a
violation of chapter 153 of Title 10, or because the leaseholder has organized or joined a
residents’ organization. Such court order may provide damages and reasonable
attorneys’ fees. Retaliatory conduct by the park owner may be a defense to any court
action brought by the park owner against a leaseholder.

12.7 Penalties. A park owner who closes a mobile home park and sells the land within
five years without complying with the requirement to give a notice of intent to sell the
park shall be liable to the State in the amount of $10,000 or 50% of the gain realized from
the sale, whichever is greater, unless the Commissioner determines that strict compliance
with the notice and holding requirements is likely to cause undue hardship to the park
owner, leaseholders, or both.