pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)

Citation: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Parent Document: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-11-01
Original Source: https://www.vermontjudiciary.org/media/20324 ↗

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Defendant’s second argument regarding the validity of the rent increase imposed by
Plaintiff has merit. It is undisputed that the unit in question is subject to limitations
imposed related to its status as a LIHTC unit. Thus, the parties agree that there is an
income limitation on the rent that may be imposed – and, necessarily, a limitation on
rent increases. The rent cannot be increased to an amount that exceeds the LIHTC
limitations. Plaintiff agrees but argues that the burden on this point is on Defendant.
See Plaintiff’s memorandum at 3 (“Defendant failed to appear at the hearing [and] failed
to provide any information regarding his income …”).

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