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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 41–59 of 59 results

Gokey v. Bessette, 580 A.2d 488 (1990)

Gokey v. Bessette, 580 A.2d 488 (1990) Vermont state

...In urging that he believed he had legal basis for the eviction — the nonpayment of rent — and, consequently, intended no retaliation, plaintiff argues for a subjective test for a retaliatory eviction. While animus or bad motive may properly be considered...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...9 V.S.A. § 4465 (landlord may not retaliate against a tenant who has engaged in certain protected activity). In a case like this, where tenants invoke the defense in response to a notice of nonrenewal of a fixed term...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...Instead, it relieved tenants of the *91obligation to establish retaliation by proving landlords’ subjective intent. Gokey imposed an objective test for evaluating “what is and is not retaliatory.” Under this test, tenants can rely on the surrounding facts and circumstances...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...Instead, it relieved tenants of the obligation to establish retaliation by proving landlords' subjective intent. Gokey imposed an objective test for evaluating "what is and is not retaliatory." Under this test, tenants can rely on the surrounding facts and circumstances...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...9 V.S.A. § 4465 (landlord may not retaliate against a tenant who has engaged in certain protected activity). In a case like this, where tenants invoke the defense in response to a notice of nonrenewal of a fixed term...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The court further determined that landlords, although originally seeking to evict tenants in retaliation for tenants’ threat to withhold rent and notify authorities about problems with the premises, did not have a retaliatory motive in deciding not to renew tenants...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The court further determined that landlords, although originally seeking to evict tenants in retaliation for tenants' threat to withhold rent and notify authorities about problems with the premises, did not have a retaliatory motive in deciding not to renew tenants...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The Arizona statute at issue in Van Burén specifically prohibits retaliation “by bringing or threatening to bring an action for possession.” Id. at 584. Although our statute does not expressly apply tó actions for possession, as noted above, by not...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The Arizona statute at issue in Van Buren specifically prohibits retaliation "by bringing or threatening to bring an action for possession." Id. at 584. Although our statute does not expressly apply to actions for possession, as noted above, by not...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

The court properly considered all the facts and circumstances surrounding the interactions between the parties and found no retaliation for the nonrenewal. See Gokey, 154 Vt. at 564, 580 A.2d at 491 (resolution of the defendant’s retaliatory eviction...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

The court properly considered all the facts and circumstances surrounding the interactions between the parties and found no retaliation for the nonrenewal. See Gokey, 154 Vt. at 564, 580 A.2d at 491 (resolution of the defendant's retaliatory *1268...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The tenants raised affirmative defenses, including retaliation. Trial was set for July 7, 1999, but was continued for reasons of discovery and because the landlords had recently retained counsel. Trial was rescheduled for October 8, 1999. On September 24, 1999...

Houle v. Quenneville, 787 A.2d 1258 (2001)

Houle v. Quenneville, 787 A.2d 1258 (2001) Vermont state

...The tenants raised affirmative defenses, including retaliation. Trial was set for July 7, 1999, but was continued for reasons of discovery and because the landlords had recently retained counsel. Trial was rescheduled for October 8, 1999. On September 24, 1999...

Atwood v. Hill (2024)

Atwood v. Hill (2024) Vermont state

...Defendants seek $5,000 in damages for a claim of retaliation. The Residential Rental Agreement Acts prohibits a landlord from engaging in retaliatory action, specifically: A landlord of a residential dwelling unit may not retaliate by establishing or changing terms...

Northgate Hous. Ltd. v. White (2004)

Northgate Hous. Ltd. v. White (2004) Vermont state

...may be subject to injunctive or declaratory relief to ensure that Northgate Housing does not use Northgate Residents to retaliate against the Whites. Thus, as the parties suggest, there may be a derivative retaliatory claim against Northgate Residents. Such a...

Northgate Hous. Ltd. v. White (2004)

Northgate Hous. Ltd. v. White (2004) Vermont state

...Section 4465 of Title 9 of the Vermont Statutes Annotated prohibits a landlord from retaliating “by establishing or changing terms of a rental agreement or by bringing or threatening to bring an action against a tenant who . . . has organized or...

Atwood v. Hill (2024)

Atwood v. Hill (2024) Vermont state

...Based upon the evidence presented at the hearing, the court cannot find the defendants have met their burden to prove the plaintiff failed to renew the lease because of retaliation. The defendants are not entitled to relief on this claim...

Atwood v. Hill (2024)

Atwood v. Hill (2024) Vermont state

...s testimony in a separate matter, triple damages for a violation of the consumer fraud act, $5,000 for retaliation, $5,000 for discrimination, $5,000 for intentional infliction of emotional distress, and $5,000 for health and safety violations...

Northgate Hous. Ltd. v. White (2004)

Northgate Hous. Ltd. v. White (2004) Vermont state

...The Whites’ counterclaim argues that Northgate Housing brought the eviction claim to retaliate against her for joining the Board in the first place. In support of this argument, the Whites point to surrounding circumstances of the eviction and to specific...