[Adopted 5-8-2006 ATM, Art. 60]
The Town of Rockland, acting by and through its Town Meeting, finds
and declares that a serious public emergency exists in the Town of Rockland
with respect to the housing of a substantial number of the citizens of said
Town, which emergency has been created by excessive, abnormally high and unwarranted
rental increases imposed by some owners of mobile home parks located therein:
that unless mobile home park rents and eviction of tenants are regulated and
controlled, such emergency and the further inflationary pressures resulting
therefrom will produce serious threats to the public health, safety and general
welfare of the citizens of said Town, particularly the elderly; that such
emergency should be met by the Town of Rockland immediately and with due regard
for the rights and responsibilities of its citizens, and that this bylaw is
adopted under, and by accepting, the provisions of Chapter 346 of the Acts
of 1984.
This bylaw may be revoked by the Town in the same manner as it was accepted.
The following words or phrases as used in this bylaw shall have the
following meanings:
BOARD
Shall mean the rent board established by §
288-4 hereof.
CAPITAL IMPROVEMENT
Shall mean any substantial rehabilitation, addition or improvement
which appreciably adds to the value of the property or prolongs its life,
or both, but not including ordinary repairs and maintenance.
DWELLING UNIT
Shall mean the room or group of rooms within a mobile home used or
intended for use by one family or household for living, sleeping, cooking
or eating.
HOMEOWNER
Shall mean an owner of a mobile home which occupies a lot or space
in a mobile home park and who is a homeowner or resident, lessee, or other
person entitled under the terms of a rental agreement to the use and occupancy
of said mobile home park accommodation.
MOBILE HOME
Shall mean any vehicle without motive power designed, constructed,
reconstructed or added to by means of accessories in a manner to permit the
use and occupancy thereof as a single dwelling unit, whether resting on wheels,
foundation structures or other support, but constructed so as to permit its
occasional movement over a street or highway, or any unit of manufactured
housing subject to the provisions of MGL. c. 140, § 32A et seq.
MOBILE HOME PARK
Shall mean any lot or tract of land upon which three or more mobile
homes occupied for single dwelling unit purposes are located, including any
buildings, structures, fixtures and equipment used in connection with mobile
homes, and which lot or tract is, or is required to be, licensed under MGL.
c. 140, § 32B.
MOBILE HOME PARK ACCOMMODATIONS
Shall mean the lot or space in a mobile home park upon which is located
a mobile home not owned by the holder of the license of the park and used
and occupied as a non-family dwelling unit.
HOUSING SERVICES
Shall mean services or facilities provided by a park owner or management
or required by law or by terms of a rental housing agreement to be provided
by a park owner or management to a homeowner or resident in connection with
the use and occupancy of any mobile home park accommodation, including, without
limitation: Snow plowing, sanding of roadways, landscaping, landscaping maintenance,
furniture, furnishings and equipment; repairs, decorating and maintenance;
provision of light, heat, hot water, cold water, telephone, kitchen, bath,
and laundry facilities and privileges; use of yard and other common areas;
janitor services, refuse removal, parking facilities, and any other benefit,
privileges, or facility connected with the use or occupancy of any mobile
home park accommodations; or any other said service that the rent control
board may allow under its rate case hearings. Housing services to a mobile
home park accommodation shall include a proportionate part of services provided
to common facilities of the mobile home park in which the home park accommodation
is contained.
OPERATING AND MAINTENANCE EXPENSES
Shall mean the reasonable and necessary repairs to a park owner or
management of providing housing services to a tenant, including, but not limited
to, maintenance, repair, management fee, real
estate broker's commission, to someone other than the park owner or management,
insurance, utilities not included within the rent but not including mortgage
interest and amortization nor an allowance for obsolescence or depreciation.
PARK OWNER OR MANAGEMENT
Shall mean the individual who holds a license granted pursuant to
MGL c. 140, § 32B, to conduct, control, manage or operate directly
or indirectly a mobile home park in any manner including, but not limited
to, a partnership, corporation, trust. For purposes of this article, the rights
and duties the park owner or management hereunder shall be the obligation
of any one who manages, controls, or customarily accepts rent on behalf of
the park owner or management.
RENT
Shall mean the consideration, including any bonus, benefit, gratuity,
or charge contingent or otherwise, demanded or received for, or in connection
with, the use or occupancy of a mobile home park accommodation or for housing
services or for the transfer of a lease of a mobile home park accommodation.
RENTAL HOUSING AGREEMENT
Shall mean an agreement, verbal, written, or implied, between a park
owner or management and a homeowner or resident for use and occupancy of a
mobile home park accommodation and for housing services.
RESIDENT
Shall mean a homeowner or resident, lessee, sublessee, or other person,
entitled under the terms of a rental housing agreement to the use and occupancy
of any mobile home park accommodation.
The provisions of MGL c. 30A shall be applicable to the rent board,
established under section four, as if said rent board were an agency of the
commonwealth, including those provisions giving agencies the power to issue,
vacate, modify and enforce subpoenas as well as those provisions relating
to judicial review of an agency order.
If any provision on this bylaw or the application of such provision
to any person of circumstances shall be held invalid, the validity of the
remainder of this bylaw and the application of such provision to other persons
or circumstances shall not be affected thereby.