The following terms, whenever used herein or referred to in
this article, shall have the respective meanings assigned to them
unless a different meaning clearly appears from the context:
CAPITAL IMPROVEMENT
Any improvement, addition or contribution which materially
adds to the value or utility of the property, or appreciably prolongs
its useful life, as opposed to a repair which maintains the property
in an ordinarily efficient operating condition.
COMMUNITY-WIDE ISSUE
An issue or concern within a mobile home park or other discrete
rental community negatively impacting over half of the residents of
the mobile home park or rental community.
COST OF LIVING ADJUSTMENT
Periodic increase in wages or salaries established by the
Social Security Administration to compensate for a loss in purchasing
power of money due to inflation.
HOMESITE
That parcel of land that is leased to a mobile home owner
and that provides all necessary connecting utilities and anchoring
systems required by state, county and municipal ordinances.
INVESTMENT
Includes the amount of the original cash or equivalent consideration
paid upon acquisition, which shall include the principal amount of
any purchase money mortgage or mortgages, together with any other
additional capital contributed after the date of acquisition.
LANDLORD
An owner, subletter, assignee or other person receiving or
entitled to receive rent or any agent of a person receiving or entitled
to receive rent.
MUNICIPAL SERVICE FEE
A fee imposed on manufactured homes installed in a mobile
home park for the purpose of reasonable payment for services rendered
the owners of the manufactured homes by the Township of Weymouth or
any other appropriate taxing authority within the Township of Weymouth
established pursuant to an ordinance of the Township of Weymouth.
RENT
The amount of consideration agreed to between parties whereby,
upon payment of a certain sum by the tenant, the landlord allows the
tenant the peaceful and quiet enjoyment of the use and occupation
of a homesite, common grounds and recreational facilities of the mobile
home park for the time period agreed upon in a lease or rental agreement,
which lease or rental agreement must be provided to the approved tenant
no later than the date of closing on the unit in order to be valid.
The rent may be charged on any basis mutually agreed to by landlord
and tenant, provided that the monthly rate is no larger than the yearly
rate divided by 12 months.
RESALE DECONTROL
Refers to the elimination, termination or modification of any rent previously approved by the Rent Control Board, to the extent allowed and/or limited by any provision of §
173-30, occasioned by the transfer of any mobile home unit in a mobile home park by a tenant to any other tenant or new tenant.
SOCIAL SECURITY ADMINISTRATION
The United States Social Security Administration, an independent
government agency responsible for the social security system.
The Rent Control Board is hereby granted and shall have and
exercise, in addition to other power herein granted, all the power
necessary and appropriate to carry out and execute the purposes of
this chapter, including but not limited to the following:
A. To supply information and assistance to landlords and tenants to
help them comply with the provisions of this chapter.
B. To issue and promulgate such written procedural rules which are deemed
necessary to improve the efficiency of administration of this chapter.
C. To hold hearings and adjudicate objections from tenants regarding
increased rent applications and to hear concerns from tenants regarding
community-wide issues, as hereinafter provided.
D. To hold hearings and/or adjudicate applications from landlords for rent increases as herein provided, as well as to consider agreements between the landlord and tenants for increased rents as is set forth in §
173-37, Increase by agreement, of this chapter.
E. To enforce the provisions of this chapter and to initiate proceedings
in the municipal court for willful violations thereof.
F. To issue subpoenas to compel the attendance of witnesses and the
production of books and records in connection with hearings held pursuant
to the provisions of this chapter.
G. The Chairman may administer oaths and take testimony and shall afford
both landlord and tenant a reasonable opportunity to be heard before
the Board shall render any determination.
H. The Board shall prescribe and provide all forms for filing an application
of complaint under the terms of this chapter.
I. The Board shall have the power to retain any and all professionals
it may require to assist the Board in determining rent increase applications
as provided in this article.
The landlord is entitled to a fair rate of return. The rate
to be applied by the landlord, when computing a rate of return, shall
be equal to the rate of return for comparable real estate investments
with comparable risks.
There is hereby established the following fee/escrow for complaints
and applications to the Rent Control Board, which shall be payable
to the Township Clerk of the Township of Weymouth:
A. Any landlord applying for an increase in rents shall pay a nonrefundable
fee of $500 per application. In addition, any landlord applying for
an increase in rents shall pay an escrow fee of $1,000 per application
to be held in escrow by the Treasurer of the Township of Weymouth
from which the Township's legal, professional, accounting and
administrative costs and expenses incurred as a result of the application
shall be paid. If the billings by the Township exceed the amount placed
in escrow, the landlord shall be responsible for the difference as
a condition of any decision rendered by the Township's Rent Control
Board. Any unused portion of the escrow fee shall be returned to the
landlord.
B. Applicants shall pay directly to the court reporter requested to
attend that evening such costs and fees as are set by the court reporter's
office.
Any provisions of a lease or other agreement whereby any provision
of this article is waived shall be deemed against public policy and
shall be void, provided that a landlord and tenant may contract to
fix rent increases at amounts less than those allowed by the provisions
of this article.