11-003 Code Vt. R. 11-020-003-X

Current through August, 2024

Section 11 020 003 - HOUSING DIVISION RULES PART II: MEDIATION AND LEGAL SERVICES PAYMENTS AND CONSUMER PRICE INDEX FOR LOT RENT DISPUTES

Rule No.1 Authority

These rules are issued pursuant to authority vested in the Department of Housing and Community Development by 10 V.S.A. § 6252(a) for payment of the reasonable fees for professional mediation services as established by rules, and § 6253(g) for payment for legal representation for mobile park leaseholders who pursue an action in Superior Court.

These rules also establish the procedure for determining the consumer price index and notifying mobile home park owners of the percentage that is one percent more than the index. This is the threshold that is used to determine whether the leaseholders in a park have the right to request mediation of the proposed increase.

Rule No.2 Definitions

The definitions set forth in this Section 2 shall apply to the rules of the Housing Division, Part II, Mediation and Legal Services Payments & Consumer Price Index for Lot Rent Disputes.

2.1 "Commissioner" means the Commissioner of the Department of Housing and Community Development of the Agency of Commerce and Community Development for the State of Vermont.

2.2 "Consumer Price Index" means the United States 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.

2.3 "Department" means the Department of Housing and Community Development of the Agency of Commerce and Community Development for the State of Vermont.

2.4 "Lawyer" means a person licensed to practice law in the courts of the State of Vermont, and may include a professional organization of lawyers such as a partnership, professional corporation or non-profit corporation.

2.5 "Leaseholder" means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease.

2.6 "Mobile home park" means any parcel or contiguous lots of land under common ownership or control on which are sited, or which is designed, laid out or adapted to accommodate, more than two mobile homes. A parcel or contiguous lots owned by agricultural employers providing up to four mobile homes for use by full time workers or employees, and a parcel or contiguous lots used solely on a seasonal basis for vacation or recreational mobile homes shall not be considered a mobile home park.

2.7 "Mobile home park owner" or "park owner" means one or more owners, operators, officers, managing agents or other persons with practical authority to establish rules, policies, or other requirements mobile home park.

2.8 "Professional mediator" means a person who has completed a minimum of 40 hours of mediation training from a recognized mediation school or training program and has 30 hours of mediation experience, and who has completed training provided by the Department or otherwise has demonstrated proficiency in regard to Vermont's mobile home park laws.

2.9 "Reasonable legal fees" means fees determined by the Commissioner to be reasonable after consultation with the Vermont Attorney General's Office and other Vermont state government programs that hire outside attorneys.

2.10 "Reasonable mediation fees" means fees determined by the Commissioner to be reasonable after consultation with Vermont state government and court programs that compensate mediators.

Rule No.3 Use of Funds for Professional Mediation and Legal Fees

3.1 The Commissioner may, by grant, award reasonable fees for professional mediation and legal services to a person who qualifies for such payment in accordance with the definition section of these Rules.

3.2 With respect to legal and professional mediation fees, the Commissioner shall determine a schedule which shall represent a per case grant from which the Commissioner may draw to reimburse qualified individuals for services rendered and permitted expenses incurred.

3.3 In order to qualify to receive payment from the grant, a professional mediator or lawyer must submit to the Commissioner an invoice for services rendered that shall include the dates on which the services were performed with respect to a mobile home park lot rent increase mediation or action in Superior Court, the amount of time in tenths of hours spent on each day for such services, and a summary of the services performed. A professional mediator and lawyer shall maintain records that document the services performed in case the Commissioner requires more detail than is provided in the summary of services. Final invoices shall be submitted no later than 90 days from the date of the last mediation session or conclusion of any action.

3.4 If reimbursable service fees or expenses exceed the grant amount, the Commissioner has discretion to award an additional grant to cover such fees or expenses.

Rule No.4 Establishing the Change in the Consumer Price Index

4.1 The Department shall establish on an annual basis the percent that is one percentage point above the change in the Consumer Price Index, as defined in Subsection 2.2 above.

4.2 The Department shall find the annual change in 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," or its successor index, for the twelve-month period ending in August of each year. The percent change in the Consumer Price Index shall be rounded to the first decimal place, or tenth of a percent.

4.3 The Department shall then add one percentage point to the percent change in the Consumer Price Index and provide the result to all mobile home park owners and leaseholders' advocates, along with an updated Notice of Proposed Mobile Home Park Lot Rent Increase form. The Department shall make the updated Notice available as soon as possible after the first business day in October. The percent result shall be the threshold that is used to determine whether or not leaseholders in a park may request mediation of a lot rent increase effective during the following calendar year.

Rule No.5 Retaining Lot Rent Increase Information

5.1 The Department shall preserve the registration and rent increase information received from each park owner for a minimum of three years, or until the conclusion of any litigation concerning a lot rent increase, whichever occurs later.

11-003 Code Vt. R. 11-020-003-X

STATUTORY AUTHORITY: 10 V.S.A. §§ 6252 to 6254
EFFECTIVE DATE: December 22, 1995 Secretary of State Rule Log #95-86
AMENDED: July 1, 2004 Secretary of State Rule Log #04-25; January 1, 2008 Secretary of State Rule Log #07-050; July 2009 [The Department of Housing and Community Affairs and the Department of Economic Development were merged into the new Department of Economic, Housing and Community Development]; February 1, 2013 Secretary of State Rule Log #13-002; July 1, 2016 Secretary of State Rule Log #16-023