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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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9 V.S.A. § 4455

9 V.S.A. § 4455 Vermont state

(b) An increase in rent shall take effect on the first day of the rental period following no less than 60 days’ actual notice to the tenant. (Added 1985, No. 175 (Adj. Sess.), § 1.)

10 V.S.A. § 6251

10 V.S.A. § 6251 Vermont state

(b) If the mobile home park owner requests a lot rent increase that includes a surcharge for any capital improvements, which, for the purposes of this section, include replacement or repair of any major infrastructure systems that exceed $2,500...

10 V.S.A. § 6252

10 V.S.A. § 6252 Vermont state

...The report shall not be admitted into evidence and the mediator shall not be competent to testify in any subsequent action regarding the proposed lot rent increase. (Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103...

10 V.S.A. § 6254

10 V.S.A. § 6254 Vermont state

...If a mobile home park owner charges the fee under this subsection, the fee shall not be deemed to be a lot rent increase and shall not be included in any calculation of a lot rent increase pursuant to section...

10 V.S.A. § 6252

10 V.S.A. § 6252 Vermont state

(a) If the percentage of a proposed lot rent increase is more than one percentage point above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published by the U.S. Bureau of Labor Statistics in the...

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

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

The validity of the rent increase is directly relevant to the validity of Plaintiff’s notice of termination. Despite not being required by statute, the notice did reference Plaintiff’s statutory right to cure. 12 V.S.A. § 4773. The...

Section 2

Highgate Housing Limited Partnership v. Macaulay-Fisher (2015) Vermont state

4 1. Rent increases. Owners must implement any resulting rent increase retroactive to the first of the month following the date that the action occurred. 2. [not pertinent]

Section 2

Highgate Housing Limited Partnership v. Macaulay-Fisher (2015) Vermont state

Thus, Plaintiff has not proved the applicability of any exception to the requirement of 30- day advance notice of any increase in rent, except that, as noted above, the October 7 letter amounted to a 30-day notice of increase...

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

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

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...

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

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

...First, he argues that the rent increase during the initial rental term was unlawful. And second, he argues that the rent increase is not authorized under the LIHTC-related covenant. In the context of the rent escrow hearing both arguments...

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

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

Defendant’s second argument is that Plaintiff has failed to properly establish that the rent increase was proper in light of Low-Income Housing Tax Credit limitations. This argument must fail because it is not “beyond doubt” that Plaintiff cannot...

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

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

Defendant first argues that any rent increase during the initial term of the lease is unlawful – that rent may only be increased after the expiration of the initial term. Defendant’s argument lacks support in statute or in the terms...

Section 2

Highgate Housing Limited Partnership v. Macaulay-Fisher (2015) Vermont state

...from March on, Joshua’s income increased and he did not comply with reporting requirements, and that therefore Plaintiff is entitled to retroactively claim an increase in rent in the amount of market rent as of March 1, 2014. Plaintiff...

rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025)

rogers v rogers, No. 25-cv-2185 (Vt. Super. Ct. 2025) Vermont state

...As to the motion to pay rent into court, he found that there was no rent currently due, and there was no “meeting of the minds” between Plaintiffs and Steven as to the purported rent increase in the termination notice...

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

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

...First, he argues that the rent increase during the initial rental term was unlawful. And second, he argues that the rent increase is not authorized under the Low-Income Housing Tax Credit (LIHTC) -related covenant. Applying the standard applicable to...

Section 2

Highgate Housing Limited Partnership v. Macaulay-Fisher (2015) Vermont state

...HUD regulations required Plaintiff to process the Annual Recertification enough in advance to give the tenants 30-day advance notice of any rent increase, and the Lease requires 30-day advance notice of a rent increase.