[Adopted 5-14-1986 (Title 5, Ch. 5.60, of the 1986 Code)]
A.
Establishment and membership. There is hereby established pursuant
to the provisions of Acts of 1985, Chapter 610, a Mobile Home Park
Rent Control Board in the City of Springfield to be governed by and
operated in accordance with the provisions relative thereto of Acts
of 1985, Chapter 610, or any amendments thereto. Said Board shall
consist of five residents of the City to be appointed by the Mayor
subject to confirmation by the City Council after review by its Planning
and Economic Development Committee. At least one member of said Board
shall be a licensed real estate appraiser or licensed real estate
broker familiar with methods of property valuation from examination
of the income derived from the property. No mobile home park residents,
owners or operators shall be members of said Board. The first five
appointments to this Board shall be staggered in length of service,
the first appointee to serve one year, the second appointee to serve
two years, the third appointee to serve three years, the fourth appointee
to serve four years and the fifth appointee to serve five years. All
subsequent appointments shall be for five-year periods. In the event
a vacancy shall occur, it shall be filled in the same manner as that
of an original appointment for the unexpired term. All members shall
serve until a successor is appointed or they are separated from office
by removal or accepted resignation.
B.
Clerk. The Board shall elect a Clerk, who shall have charge of all
documents, receive all filings and maintain records for the Board.
The Clerk shall receive such compensation as the City Council may
determine.
C.
Powers.
(1)
The Mobile Home Rent Control Board shall have the power to set minimum
standards for use or occupancy of mobile home park accommodations
and eviction of tenants therefrom, regulate rents, and require registration
by mobile home park owners of information under penalty of perjury,
relating to the mobile home park accommodations. All regulations must
be adopted pursuant to and in accordance with the requirements of
MGL c. 30A. Such rents, standards and evictions may be regulated by
the Board so as to remove hardships or correct inequities for both
the owner and tenants of such mobile home park accommodations.
(2)
Said Board shall have all powers necessary or convenient to perform
its functions, including the power to sue or be sued, compel the attendance
of persons and the production of documents and information by subpoena,
pursuant to authority granted under MGL c. 30A, and issue appropriate
orders which shall be binding on both the owner and tenants of such
mobile home park accommodations.
A.
The Board, in regulation of rents, may make such individual or general
adjustments, either upward or downward, as may be necessary to assure
that the rents for mobile home park accommodations are established
at levels which yield to owners a fair net operating income for such
units. Said levels shall be reviewed, at a minimum, on a yearly basis.
B.
Fair net operating income shall be that income which will yield a
return, after all reasonable operating expenses, on the fair market
value of the property equal to the debt service rate generally available
from institutional first mortgage lenders or other such rates of return
as the Board, on the basis of evidence presented before it, deems
more appropriate to the circumstances of the case. The Board may,
by regulation, establish further standards and rules consistent with
the Acts of 1985, Chapter 610.
The Board may regulate the eviction of tenants from mobile home
parks and may issue orders in furtherance of said regulation which
shall be a defense to an action of summary process for possession.
A.
The provisions of MGL c. 30A shall be applicable to the Board, as
if said Board were an agency of the commonwealth, including those
provisions granting the power to issue, vacate, modify and enforce
subpoenas, and those provisions relating to judicial review of an
agency order.
B.
The Springfield Division of the District Court Department shall have
original jurisdiction, concurrently with Housing Court Department
and Superior Court Department, of all petitions for review brought
pursuant to MGL c. 30A, § 14.
C.
The Superior Court Department and the Housing Court Department shall
have jurisdiction to enforce the provisions of this article and any
regulations adopted thereunder, and may restrain violations thereof.
For purposes of this article and regulations issued pursuant
hereto, the following terms shall have the meanings indicated:
Any lot or tract of land upon which three or more mobile
homes occupied for dwelling purposes are located, including any buildings,
structures, fixtures and equipment used in connection with mobile
homes, per MGL c. 140, § 32F.
Dwelling units built on a chassis and containing complete
electrical, plumbing and sanitary facilities, and designed to be on
a temporary or a permanent foundation for permanent living quarters,
per MGL c. 140, § 32Q.
Violation of this article or any order of the Board shall be
punishable by a fine of not more than $1,000 for any one offense.
