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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¶ 19. Moreover, in 2012, the Legislature added the following language to § 6237(a)(4) : "[a] substantial violation of the lease terms based upon criminal activity will be insufficient to support a judgment of eviction unless the proceeding is commenced no later than 60 days after arraignment." 10 V.S.A. § 6237(a)(4) ; 2011, No. 137 (Adj. Sess.), § 2. This amendment demonstrates the Legislature's intent to protect mobile home park residents by preventing park owners from erroneously evicting residents because of a prior crime. Although the Act is also intended " 'to protect the health, safety and welfare of the residents of mobile home developments,' " Bisson, 161 Vt. at 14, 632 A.2d at 38 (quoting 1969, No. 291 (Adj. Sess.), § 2), we cannot support landlord's contention that requiring notice would be contrary to the Legislature's intent by preventing owners from speedily evicting persons charged with criminal activities. The *1223statute and the Department rule require only that notice be provided before an eviction action is brought, so the delay occasioned by providing the required notice need not be significant. Further, the mobile home owner shall have "three months from the date of execution of a writ of possession" to remove or sell the mobile home, unless the Court orders differently. 10 V.S.A. § 6237(e) (emphasis added). Therefore, requiring notification does not put the safety and welfare of park residents at risk because the statute permits an evictee to remain in the park for up to three months. Providing notice, even for initial substantial violations of lease terms, does not hinder a park owner's ability to timely evict a noncompliant tenant.

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