Supreme Court of Vermont

In Re Soon Kwon

February 23, 2011189 Vt. 598

Summary

The Vermont Supreme Court affirmed the superior court’s judgment upholding the Burlington Housing Board of Review’s decision that the landlord forfeited his right to retain the security deposit because he failed to provide the statutory notice as required by the Landlord and Tenant Act and the city ordinance, and affirmed the Board’s procedural rulings on the hearing. The court rejected the landlord’s arguments on de novo review, notice compliance, deposit amount, single‑officer hearings, and clerk questioning.

Holding

  • Whether the trial court should have conducted a de novo evidentiary hearing rather than on‑the‑record review. No; the proper standard is on‑the‑record review of agency decisions, not a de novo evidentiary hearing
  • Whether the landlord complied with the statutory notice requirements for the security‑deposit statement. The landlord failed to comply with the notice requirements and therefore forfeits the right to withhold any portion of the deposit
  • Whether the amount of the security deposit to be returned was correctly determined. The Board’s determination of the amount to be returned, after lawful deductions, is upheld
  • Whether the Board had authority to conduct a hearing before a single hearing officer. The Board’s authority to designate a single hearing officer is valid under the city ordinance and the statutory scheme
  • Whether questions posed by the Board’s clerk invalidated the proceeding. The clerk’s questions did not invalidate the hearing or the Board’s decision

Docket 09-366

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