Vermont Statutes Title 27 Sec. 1364
Terms Used In Vermont Statutes Title 27 Sec. 1364
- Association: means all of the site owners acting as a group in accordance with the bylaws and declaration. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Leaseholder: means a person who has a leasehold interest derived from the declarant or any site purchaser in a site in a mobile home park to be converted pursuant to this subchapter. See
- Property: includes the land, the building or site and all improvements and structures thereon all owned in fee simple absolute or any other estate in real property recognized by law and all easements, rights, and appurtenances thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be made subject to this chapter. See
- Site: means the spatial location occupied or to be occupied by a mobile home, including all utilities and amenities appurtenant to the location such as piping, wiring, plants, platforms or supports, lights, walls, and all other improvements but not including the land on which the site is located. See
§ 1364. Protection against harassment
(a) No park owner or site owner may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to a resident, except for temporary interruptions for emergency repairs.
(b) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident’s rented or leased premises, except through proper judicial process.
(c) No park owner or site owner may directly or indirectly deny a resident access to and possession of the resident’s property, except through proper judicial process.
(d) Any resident who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs and reasonable attorney’s fees.
(e) A court may award reasonable attorney’s fees to the park owner or site owner if, upon motion and hearing, it is determined that the action was not brought in good faith and was frivolous or intended for harassment only.
(f) A park owner or site owner may not retaliate by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a resident who has not elected to become a purchasing leaseholder or who has organized or become a member of a resident’s association or similar organization.
(g) If a park owner or site owner acts in violation of this section, the resident is entitled to recover damages and reasonable attorney’s fees and has a defense in any retaliatory action for possession. (Added 1993, No. 97, § 1.)