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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
153
:
MOBILE HOME PARKS
Subchapter
002
:
PERMITS AND REGULATIONS
§
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 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.)