Vermont Statutes Title 24 Sec. 4453
Terms Used In Vermont Statutes Title 24 Sec. 4453
- Affordable housing: means either of the following:
- Bylaws: means municipal regulations applicable to land development adopted under the authority of this chapter. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Municipality: means a town, a city, or an incorporated village or an unorganized town or gore. See
§ 4453. Challenges to housing provisions in bylaws
The Attorney General or a designee shall investigate when there is a complaint that a bylaw or its manner of administration violates subdivision 4412(1) of this title, relating to equal treatment of housing and adequate provision of affordable housing. Upon determining that a violation has occurred, the Attorney General may file an action in the Environmental Division to challenge the validity of the bylaw or its manner of administration. In this action, the municipality shall have the burden of proof to establish by a preponderance of the evidence that the challenged bylaw or its manner of administration does not violate the provisions of subdivision 4412(1) of this title. If the Division finds the bylaw or its administration to be in violation, it shall grant the municipality a reasonable period of time to correct the violation and may extend that time. If the violation continues after that time, the Division shall order the municipality to grant all requested permits and certificates of occupancy for housing relating to the area of continuing violation. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)