Section 2

Citation: Section 2
Parent Document: Highgate Housing Limited Partnership v. Macaulay-Fisher (2015)
Jurisdiction: Vermont (state)
Effective Date: 2015-08-11
Original Source: https://www.courtlistener.com/opinion/4489499/highgate-housing-limited-partne... ↗

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Paragraph 17 concerns Removal of Subsidy. The relevant portion appears to be ¶
17(a)(1) which authorizes termination of a subsidy if “Tenant does not provide the Landlord with
the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of
the Landlord’s notice of intent to terminate the Tenant’s assistance payment.” Plaintiff never
actually sent a notice of intent to terminate the Defendant’s subsidy. The October letters come
the closest, but Plaintiff’s witness testified that they were the final determinations in the Interim
Certification process (although they do not say so). They also do not clearly express an intent to
terminate a subsidy; rather they simply state an amount of rent for retroactive periods, which is
market rent but the letters do not state that it is market rent and do not state that they mean a
removal of subsidy; nor do the letters provide a 10-day period to provide information. The court
cannot conclude that the exception in Paragraph 17 relieved Plaintiff from providing a 30-day
notice of rent increase.

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