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Willard v. Parsons Hill Partnership8/5/2005
ant may sue for breach of the common-law warranty without prior notice to the landlord if the defect is latent, but the tenant must follow the statutory prerequisites to suit for all patent defects. I cannot join in the Court's decision because the statutory warranty of habitability supplants the common-law warranty and does not distinguish between latent and patent defects, and defendants' alleged conduct is fully actionable under a common-law tort. Accordingly, I respectfully dissent.
44. What distinguishes this case from any precedent on the interrelationship of a statutory remedy and its common-law antecedent is that the statute applicable in this case entirely and explicitly covers the situation that is before the court. The RRAA sets out a warranty of habitability requiring that the landlord provide "premises that are safe, clean and fit for human habitation and which comply with the requirements of applicable building, housing and health regulations." 9 V.S.A. § 4457(a). The language of § 4457(a) reflects the parameters of the common-law warranty that this Court adopted in Hilder v. St. Peter. 144 Vt. 150, 159, 478 A.2d 202, 208 (1984) (holding that landlord warrants to deliver over and maintain rental premises that are safe and fit for human living); see also Vt. Tenants, Inc. v. Vt. Hous. Fin. Agency, 170 Vt. 77, 86, 742 A.2d 745, 751 (1999) ("Although RRAA has tenant protection and landlord protection provisions, its primary purpose appears to be to codify the common law relationship for residential rental agreements."); State v. Bisson, 161 Vt. 8, 12, 632 A.2d 34, 37 (1993) (RRAA "contains the general law of landlord and tenant relations that is customarily applicable in any context"). Hilder made no distinction between latent and patent defects, 144 Vt. at 160, 478 A.2d at 208 (" he implied warranty of habitability covers all latent and patent defects in the essential facilities of the residential unit."), and neither does the statute. By its plain meaning, the statute covers both. Just as explicitly, it requires he tenant to give "actual notice of the noncompliance," 9 V.S.A. § 4458(a), which the statute defines as "written notice hand-delivered or mailed to the last known address." Id. § 4451(1). Again, by its plain meaning, the statutory warranty covers the situation before this Court.
45. Our precedents are clear that where the statutory scheme covers the exact situation before the court, it preempts the common law. Swett v. Haig's, Inc., 164 Vt. 1, 5, 663 A.2d 930, 932 (1995); Winney v. Ransom & Hastings, Inc., 149 Vt. 213, 217-18, 542 A.2d 269, 271-72 (1988); see also Klittner v. Steiner, 158 Vt. 654, 655, 610 A.2d 149, 150 (1992) (mem.) (holding that when a claim falls squarely within the statute's language, the common-law claim does not survive). The situation here is quite close to Swett, where we followed the plain meaning of the statute to preempt the law with respect to contribution between joint tortfeasors over a dissent that the holding was inconsistent with legislative intent and would gut the statute's protection. 164 Vt. at 5, 12-13, 663 A.2d at 932, 936-37. In doing so, we noted that the legislative history was "sparse and ambiguous." Id. at 6, 663 A.2d at 932. The majority opinion pays lip service to our case law on statutory preemption of common-law claims, but does not reconcile its action with that precedent.
46. Notwithstanding the Legislature's adoption of the common-law warranty of habitability in toto, the majority carves out a narrow and unspoken exception for latent defects because it believes the Legislature overlooked the issue. See ante, 23 ("This oversight is understandable . . . ."). It draws that conclusion from committee discus
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