Houle v. Quenneville, 787 A.2d 1258 (2001)

Citation: Houle v. Quenneville, 787 A.2d 1258 (2001)
Parent Document: Houle v. Quenneville, 787 A.2d 1258 (2001)
Jurisdiction: Vermont (state)
Effective Date: 2001-11-09
Original Source: https://www.courtlistener.com/opinion/2320677/houle-v-quenneville/ ↗

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Tenants rely on cases from other jurisdictions as support for their argument that landlords have the burden to disprove the retaliation claim or produce evidence of another legitimate, nonretaliatory motive. The cases relied on by tenants, however, interpret statutes and ordinances that codify a presumption of retaliation once a notice to vacate or quit follows a tenant complaint. See, e.g., Youssef v. United Management Co., 683 A.2d 152, 154 (D.C.1996) (statute imposes burden on landlord to come forward with clear and convincing evidence to rebut the presumption of retaliatory action); Hillview Assocs. v. Bloomquist, 440 N.W.2d 867, 871 (Iowa 1989) (in an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation); Perreault v. Parker, 490 A.2d 203, 205 (Me. 1985) (a presumption of retaliation by the landlord arises if within six months prior to the commencement of the action the tenant has made a good faith complaint of conditions affecting health and safety of apartment, and no writ of possession may issue in the absence of rebuttal of the presumption of retaliation); Barnes v. Weis Management Co., 347 N.W.2d 519, 521 (Minn.App.1984) (statute imposes burden of proving nonretaliatory purpose on landlord if notice to quit was served within ninety days of the date of any act of the tenant to secure or enforce contract or statutory rights or good faith reporting to a governmental authority); Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828, 831 (1976) (applying Minnesota statute); Fromet Properties, Inc. v. Buel, 294 N.J.Super. 601, 684 A.2d 83, 90-91 (N.J.Super.Ct.App.Div.1996) (statute creates a presumption of a retaliatory motive under certain circumstances); Cornell v. Dimmick, 73 Misc.2d 384, 342 N.Y.S.2d 275, 279 (City Ct.1973) (holding city ordinance states that receipt of notice to quit a dwelling creates a rebuttable presumption that such notice is a reprisal against the tenant for making a complaint to city officials about code violation); Karas v. Floyd, 2 Ohio App.3d 4, 440 N.E.2d 563, 566 (1981) (statute shifts burden to landlord once the tenant has shown that the landlord's decision to evict was in response to the tenant's complaints regarding housing code violations).

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