Alger v. Vt. Dep't of Labor and Indus.

(Vt. Super. Ct. Franklin County filed, Dec. 2002) ; Clearinghouse Number: 55086

Description

Tenants Seek to Enjoin Order to Vacate and Ask Court to Enforce Code Violation Remedies Against Landlords, Not Tenants

Abstract

Plaintiffs seek injunctive and declaratory relief ordering defendants to enforce remedies for building safety violations through referral to the state’s attorney for criminal and civil prosecution of landlords rather than by requiring tenants to vacate their apartments in the absence of any imminent hazard and without notice and the opportunity for a hearing. Plaintiffs seek to represent a class of Vermont residential tenants who face loss of their homes by defendants’ orders because of plaintiffs’ landlords’ failure to remedy violations. Plaintiffs allege that defendants have long been aware of the building’s history of code violations. They contend that defendants found that the building constituted an imminent fire hazard and ordered the owner to vacate an apartment in which power had been turned off and to begin repairs. Plaintiffs allege that, although the apartment was vacated, the repair deadline was not met, and defendants ordered the building closed. They say that they face homelessness if forced to vacate. They claim that defendants did not serve them with the closure order in a lawful manner; that the order is invalid because it contains no finding of an imminent hazard, nor does an imminent hazard exist; that the order violates defendants’ statutory duty to enforce orders through referral to the state’s attorney and that the closure order violates the due process guarantees of the state and federal constitutions by seizing plaintiffs’ leasehold interest in property without notice and opportunity for a hearing.

Additional Information

Attorney Information
Plaintiff represented by Stephen Norman, Vermont Legal Aid, Inc., P.O. Box 1367, Burlington VT 05402 (802.863.5620)
Docket Date
2002-12-01 00:00:00+00:00