Eliason v. Harrison (2018)

Citation: Eliason v. Harrison (2018)
Parent Document: Eliason v. Harrison (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-06-26
Original Source: https://www.courtlistener.com/opinion/10026732/eliason-v-harrison/ ↗

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After filing this action in September 2016, the Eliasons contested the withholding of the
security deposit before the City of Burlington Housing Board of Review. In written decision, the
Board found $1,530.39 was improperly withheld. Plaintiff’s Exhibit 3, Findings of Fact,
Conclusions of Law and Order, In re: Request for Hearing of Ron and Anthony Eliason, at 5
(City of Burlington Housing Board of Review Nov. 7, 2016) (“HBR Order”). The Board found
however that the withholding was not willful. Id. The Board further concluded that “the period
uninhabitability did not rise to such a level that it breached the warranty of habitability or the
parties’ underlying lease agreement.” Id. at 4. Since the Board also found the Eliasons could
have returned to the Property after June 17, 2016, it found them responsible for the rent for the
remainder of June. Id. The Harrisons still have not paid the $1,530.39 ordered amount. Discussion

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