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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¶ 18. As the trial court recognized, its decision afforded greater protection to renters of mobile homes than owners of mobile homes because renters have a right to at least fourteen days' notice for substantial lease violations under Title 9, but it failed to address how this result is consistent with the statute's express goal of protecting mobile home residents. That the Legislature intended to provide additional protections for mobile home park residents is evidenced by the language of the statute and its legislative history. Specifically, the Legislature expressed that mobile home housing accommodates low and moderate income groups, and the use of the word "only" in § 6237(a) indicates the Legislature's intent to limit the circumstances under which park residents may be evicted. This protection acknowledges the limited space availability and expense of moving mobile homes and seeks to protect mobile home park residents. Additionally, the Legislature has not seen fit to amend § 6237(a)(2)-(3) since the statute's enactment in 1974. 1973, No. 264 (Adj. Sess.), § 2. That fact is relevant because we presume that the Legislature is aware of the backdrop against which it is legislating, and its failure to act when the Department has interpreted the statute is an indication that the Department's interpretation aligns with the Legislature's intentions. See Lydy v. Trustaff, Inc., 2013 VT 44, ¶ 11, 194 Vt. 165, 76 A.3d 150 (considering Legislature's failure to amend statutory language in light of agency interpretation and concluding that Legislature's silence implies Legislature's agreement with agency interpretation).

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