South River, LLC v. Burlington Housing Board of Review

Summary

The Vermont Superior Court, Chittenden Unit, affirmed a Burlington Housing Board of Review decision requiring South River, LLC to return a tenant’s entire security deposit. The court held that South River failed to preserve its challenge to the tenant’s standing and that the Board had authority to resolve disputes concerning security-deposit deductions. The court reviewed the Board’s decision on the administrative record and declined to consider materials outside that record.

Holdings

1. South River failed to preserve the standing and jurisdiction argument by not raising it before the Housing Board, and the Superior Court would not consider the argument on appeal.
2. The Housing Board acted within its authority in determining the appropriateness of South River's security-deposit deductions and ordering return of the deposit.

Questions Presented

1. Whether South River preserved its argument that the Housing Board lacked jurisdiction because Christman lacked standing.
2. Whether the Housing Board exceeded its authority by determining the appropriateness of deductions from the security deposit and potentially affecting South River's ability to pursue additional damages.

Disposition

affirmed