§6252. Lot rent increase dispute; mediation

Link to law: http://legislature.vermont.gov/statutes/section/10/153/06252
Published: 2015

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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.)
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