10 V.S.A. § ___ § 6253
Lot rent increase abatement; civil action
Operative Text
(a) If the parties are unable to resolve the disputed proposed lot rent increase pursuant to the process provided in section 6252 of this title, an action for abatement of some or all of the proposed lot rent increase based on a claim that the increase is clearly excessive may be initiated by a majority of the affected manufactured home park leaseholders by filing a complaint in the Superior Court in the county in which the manufactured home park is located within 30 days after the effective date of the proposed lot rent increase. (b) Upon filing the complaint, the leaseholders shall pay the lot rent, including the proposed lot rent increase, to the park owner. The park owner shall pay the disputed portion of the proposed lot rent increase into court pending an order by the court. (c) For the purposes of this section, a clearly excessive lot rent increase is an increase that is unreasonable based upon the park owner’s total reasonable or documented expenses, including consideration of debt service and a reasonable return to the manufactured home park owner on investment with consideration being given to comparable investments. (d) The court may grant a protective order for financial records to any party to this action. (e) If the court finds that the proposed lot rent increase is clearly excessive, the court may order abatement of the proposed lot rent increase in full or in part. (f) A lot rent increase shall be exempt from this section if it is an increase: (1) that resulted from a completed sale of a manufactured home park; and (2) that was a condition of a bona fide purchase and sales agreement; and (3) for which notice was given at least six months before the effective date of lot rent increase. (g) The Commissioner may provide for legal representation for manufactured home park leaseholders who pursue an action under this section pursuant to rules adopted by the Commissioner. (Added 1995, No. 33, § 2, eff. June 1, 1995; amended 1997, No. 103 (Adj. Sess.), § 5, eff. April 23, 1998; 2007, No. 176 (Adj. Sess.), § 70.)
Under 10 V.S.A. ch. 153 § 6253, when a manufactured home park lot rent increase cannot be resolved through the earlier mediation process, a majority of affected leaseholders may file a civil action in Superior Court to seek abatement of some or all of the increase on the grounds that it is 'clearly excessive.' The court evaluates whether the increase is unreasonable relative to the park owner's documented expenses, debt service, and a fair return on investment. Certain increases tied to a bona fide sale of the park—where proper notice was given at least six months in advance—are exempt from this process.
Plain English — not legal advice.
Under 10 V.S.A. ch. 153 § 6253, park owners who face a court challenge to a proposed lot rent increase are generally required to deposit the disputed portion of that increase into court while the case is pending. Operators who maintain thorough documentation of total reasonable expenses, debt service, and investment return are better positioned to demonstrate that an increase is not 'clearly excessive' under the statutory standard. Park owners who complete a bona fide sale and provide at least six months' advance notice of a sale-related increase may qualify for the exemption provided in subsection (f).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 10 V.S.A. ch. 153 § 6253, a majority of affected manufactured home park leaseholders have the right to file a complaint in the Superior Court of the relevant county within 30 days of a lot rent increase's effective date if they believe the increase is clearly excessive and the earlier dispute-resolution process under § 6252 did not resolve the matter. During the court proceeding, leaseholders pay the full increased rent, but the disputed portion is held by the court pending a ruling—meaning money is protected if the court orders abatement. The Commissioner may also provide legal representation for leaseholders pursuing an action under this section, so consulting a tenant-rights organization or inquiring with the relevant state agency about available representation can be a useful step.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation