§ 6201 - Definitions - Vermont Statutes

§ 6201. Definitions

As used in this chapter, unless the context requires otherwise:

(1) "Mobile home" means a structure or type of manufactured home that is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation, includes plumbing, heating, cooling, and electrical systems, and is:

(A) transportable in one or more sections; and

(B) at least eight feet wide or 40 feet long or when erected has at least 320 square feet or if the structure was constructed prior to June 15, 1976, at least eight feet wide or 32 feet long; or

(C) any structure that meets all the requirements of this subdivision except for size and for which the manufacturer voluntarily files a certification required by the U.S. Department of Housing and Urban Development and complies with the standards established under Title 42 of the U.S. Code.

(2) "Mobile home park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. Nothing herein shall be construed to apply to premises used solely for storage or display of mobile homes. Mobile home park does not mean any parcel of land under the ownership of an agricultural employer who may provide up to four mobile homes used by full-time workers or employees of the agricultural employer as a benefit or condition of employment or any parcel of land used solely on a seasonal basis for vacation or recreational mobile homes.

(3) "Public highway" means a public highway as defined in section 1 of Title 19 except within the perimeter of a mobile home park.

(4) "Commission" means the advisory commission on manufactured homes, established under section 6202 of this title.

(5) "Leaseholder" means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease.

(6) "Mobile home park resident" or "resident" means an individual, individuals, or family who occupies a mobile home on a permanent or temporary basis in a mobile home park as that term is defined in subdivision (2) of this section.

(7) "Mobile home park owner" or "park owner" means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. The term shall not include a stockholder for a corporation owning stock in a mobile home park unless such stockholder has a controlling interest in the corporation and has the practical authority to establish rules, policies or other requirements for the operation of the mobile home park.

(8) "Department" means the department of housing and community affairs.

(9) "Good faith" means honesty in fact and the observance of reasonable standards and fair dealing, such that each party shall respond promptly and fairly to offers from the other party.

(10) [Expired.]

(11) "Commissioner" means the commissioner of housing and community affairs.

(12) "Single or common ownership or control" means ownership or control by any person or persons and includes affiliations of individuals or entities, or both, that are formed in order to derive profit, consideration or any other beneficial interest. The following individuals and entities shall be presumed not to be affiliated for beneficial interest unless there is substantial evidence of an intent to evade the purposes of this chapter:

(A) A stockholder in a corporation, if the stockholder and the stockholder's spouse, parents, children and siblings own, control or have a beneficial interest in less than five percent of the outstanding shares in the corporation.

(B) An individual in the capacity as an agent and within the normal scope of the individual's duties as a court appointed guardian, attorney, real estate broker or salesperson, engineer or land surveyor, unless compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship.

(C) A seller or chartered lending institution that only provides financing for all or a part of the purchase price at rates not substantially higher than prevailing lending rates in the community and subsequently grants a partial release of the security when the buyer establishes or maintains a mobile home park. (Added 1969, No. 291 (Adj. Sess.), § 3, eff. date, see note set out below; amended 1973, No. 264 (Adj. Sess.), § 1; 1989, No. 229 (Adj. Sess.), § 3; No. 235 (Adj. Sess.); 1993, No. 141 (Adj. Sess.), §§ 2, 20, eff. May 6, 1994; 1995, No. 33, §§ 4, 5, eff. June 1, 1995; 1997, No. 103 (Adj. Sess.), § 1, eff. April 23, 1998; 2001, No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2003, No. 104 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 53.)