Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)

Citation: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Parent Document: Shires Housing, Inc. v. Carolyn S. Brown and William A. Shepard, II, 172 A.3d 1215 (2017)
Jurisdiction: Vermont (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/4489424/shires-housing-inc-v-carolyn-s-... ↗

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Housing Division Rules Part I: Mobile Home Parks, Code of Vt. Rules 11 020 001, http://www.lexisnexis.com/hottopics/codeofvtrules/ [https://perma.cc/4YZV-QN32]. The rule interprets § 6237 to mean that a landlord is not required to give a tenant notice of eviction when the tenant commits a second substantial violation within six months. The notice required by a landlord before initiating eviction proceedings is not clearly stated in the statute, and the Department's interpretation provides clarity by stating "[n]o notice shall be required if the nonpayment of rent or a substantial violation is the second such occurrence within 6 months." Rule 12.2.1. The trial court found that the rule conflicts with the statute based on its conclusion that the statutory language is unambiguous, and the court therefore did not consider the Legislature's intent in its analysis.

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