As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Mobile Home Rent Control Board (the "Board"), as established
under the above described Special Act and Bylaw.
CAPITAL IMPROVEMENTS
Any substantial rehabilitation, addition or other improvement
which appreciably adds to the value of the manufactured housing accommodations
or the manufactured housing community or prolongs its life or both,
but not including ordinary repairs and maintenance.
FAIR MARKET VALUE
Fair Market Value of property shall mean the current assessed
valuation of the Manufactured Housing Accommodations or Manufactured
Housing Community or other valuation of said Accommodations or Community
that the Board, on basis of evidence presented before it, considers
more appropriate to the circumstances of the case before it. The Board
may request a certified appraisal in order to determine fair Market
value and shall, in any event, evaluate all evidence presented by
any party regarding said Fair Market Value.
FAIR NET OPERATING INCOME
That net income which will yield, in the discretion of the
Board, a reasonable return to the Owner of a Mobile Home Park, after
all reasonable operating expenses. In consideration of whether the
return is reasonable, the Board may consider any relevant evidence
and standards, including, but not limited to: average returns for
other similarly situated Parks and Communities, any operating expenses
or debt service, any projected capital improvements, or any other
factor that may be presented. The Board shall evaluate all evidence
presented by any party regarding the fair net operating income.
HOUSING SERVICES
Services or facilities provided by an Owner or required by
law, or by the terms of a rental housing agreement to be provided
by an Owner to a Tenant in connection with the use and occupancy of
any manufactured housing community, which may include without limitation:
services, furniture, furnishings and equipment; repairs, decorating
and maintenance; provisions of light, heat, hot water, cold water,
telephone, kitchen, bath and laundry facilities and privileges; use
of yard and other common areas; janitor service, refuse removal, parking
facilities, and any other benefit, privileges or facility connected
with the use or occupancy of any Manufactured Housing Accommodations.
Housing Services for a Manufactured Housing Community shall include
a proportionate part of services provided to common facilities of
the Manufactured Housing Community in which the Mobile Home is contained.
MANUFACTURED HOUSING ACCOMMODATION
A Manufactured Home as defined in MGL c. 140, § 32Q,
also known and referred to as a "Mobile Home." A Manufactured Housing
Accommodation may include the following:
A.
The lot or space in a Manufactured Housing Community (see below)
upon which is located a Manufactured Home not owned by the holder
of the license of said park and used and occupied as a one-family
dwelling unit.
B.
A Manufactured Home owned by the licensee of a manufactured
housing community and used and occupied by a Tenant as a one-family
dwelling unit.
MANUFACTURED HOUSING COMMUNITY
A Manufactured Housing Community licensed by the Board of
Health pursuant to MGL c. 140, § 32B, also known and referred
to as a "Mobile Home Park."
OPERATING AND MAINTENANCE EXPENSES
The reasonable, routine and customary expenses of operating
and maintaining a Manufactured Housing Community including, but not
limited to, maintenance, repair, management fee, real estate broker's
commission to an entity other than the Owner or an entity controlled
by the Owner or member of the Owner's immediate family, insurance,
utilities not included within the rent; but not including mortgage
interest and amortization or an allowance for obsolescence or depreciation.
OWNER
The individual who holds a license granted pursuant to MGL
c. 140, § 32B, to conduct, control, manage or operate directly
or indirectly a Manufactured Housing Community in any manner including,
but not limited to, a partnership, corporation or trust. As construed
herein, the rights and duties of the Owner hereunder shall be the
obligation of anyone who manages, controls or customarily accepts
rent for a Manufactured Housing Accommodation on behalf of the Owner.
RENT
The consideration; including, but not limited to: any rent,
bonus, benefit, gratuity or charge contingent, or otherwise, demanded
or received for or in connection with the use or occupancy of a Manufactured
Housing Accommodation or Community or for housing services or for
the transfer of a lease of a Manufactured Housing Accommodation, exclusive
of the tax collected by the Owner and paid to the Town; excluding
therefrom, however, the consideration paid by a shareholder of a Cooperative
Housing Corporation organized pursuant to MGL 157B for a share of
said corporation, a propriety lease, and any maintenance fees associated
therewith.
RENTAL HOUSING AGREEMENT
An agreement between an Owner and a Tenant for use and occupancy
of a Manufactured Housing Accommodation or Community and/or Housing
Services, specifically excluding, however, any agreement for occupancy
of a Manufactured Housing Community accommodation between a Cooperative
Housing Corporation as defined in Massachusetts General Laws Chapter
157B and a shareholder of said corporation.
TENANT
A Tenant, lessee, or other person entitled, under the terms
of a Rental Housing Agreement with the Owner, to the use and occupancy
of any Manufactured Housing Accommodation; excepting for this definition,
however, any person who occupies a Manufactured Housing Accommodation
pursuant to a proprietary lease as defined in Massachusetts General
Laws Chapter 157B at Section 4, as a shareholder of a Chapter 157B
Cooperative Housing Corporation.
UNCONTESTED
That the tenant association and the park owner have come
to a mutual agreement prior to the filing of a petition for a Rent
Adjustment.
The maximum rent of a Manufactured Housing Community accommodation
shall be the rent charges as of the date of September 19, 2013. If
the Manufactured Housing Accommodation was unoccupied at that time,
the maximum rent shall be the rent charged for a similar Mobile Home
on September 19, 2013. No rent adjustment of any Manufactured Housing
Community accommodation shall be effective without prior approval
of the Board after proceeding as set forth herein.
The Taunton District Court shall have original jurisdiction
concurrently with the Bristol County Superior Court for review of
any decision of the Board, brought pursuant to MGL c. 30A, § 14.
The Superior Court shall have jurisdiction to enforce the requirements
of these regulations as well as the above-described Special Act and
Bylaw and may restrain violations thereof.
If any provision of this regulation or the application of such
provision to any person or circumstance shall be held invalid, the
validity of other provisions or the application of such provision
to other persons or circumstances shall not be thereby affected.