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BILL AS INTRODUCED 2007-2008

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H.709

Introduced by Representatives Botzow of Pownal, Consejo of Sheldon, Johnson of South Hero, Livingston of Manchester, Marcotte of Coventry, Potter of Clarendon, Trombley of Grand Isle and Winters of Williamstown

Referred to Committee on

Date:

Subject:  Housing; landlord; tenant; mobile home parks; campgrounds excluded

Statement of purpose:  This bill proposes to clarify that campgrounds are not subject to landlord-tenant laws under chapter 137 of Title 9 or laws relating to mobile home parks under chapter 153 of Title 10.  

AN ACT RELATING TO CAMPGROUNDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 4452 is amended to read:

§ 4452.  EXCLUSIONS

Unless created to avoid the application of this chapter, this chapter does not apply to any of the following:

(1)  occupancy Occupancy at a public or private institution, operated for the purpose of providing medical, geriatric, educational, counseling, religious or similar service;.

(2)  occupancy Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;.

(3)  occupancy Occupancy by a member of a fraternal, social or religious organization in the portion of a building operated for the benefit of the organization;.

(4)  transient Transient occupancy in a hotel, motel or lodgings during the time the occupancy is subject to a tax levied under chapter 225 of Title 32;.

(5)  occupancy Occupancy by the owner of a condominium unit or the holder of a proprietary lease in a cooperative;.

(6)  rental Rental of a mobile home lot governed by chapter 153 of Title 10.

(7)  Transient residence in a campground, which for the purposes of this chapter means any property used for seasonal or short-term vacation or recreational purposes on which are located cabins, tents, or lean-tos or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, van campers.

Sec. 2.  10 V.S.A. § 6201 is amended to read:

§ 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 and not a functionally mobile vehicle designed for travel, recreation, or camping; 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 either of the following:

(A)  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.

(B)  A campground, which for the purposes of this chapter means any property used for seasonal or short-term vacation or recreational purposes on which are located cabins, tents, or lean-tos or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, van campers.

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(6)  "Mobile home park 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.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us