The following terms, phrases, words and their derivations shall
have the meanings given herein, unless the context in which they are
used clearly require a different meaning:
ACT
Chapter 53 of the Acts of 2013, An Act Providing for the
Establishment and Administration of Rent Regulations and the Control
of Evictions in Mobile Home Accommodations in the Town of West Stockbridge.
CAPITAL IMPROVEMENT
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 maintenance and repairs.
MOBILE HOME or MOBILE HOME PARK ACCOMMODATION
A dwelling unit built on a chassis and containing complete
electrical, plumbing and sanitary facilities, and designed to be installed
on a temporary or a permanent foundation for permanent living quarters,
but shall not include modular homes set upon permanent foundations
and which are installed on a lot or parcel of land located in a mobile
home park.
MOBILE HOME PARK
A park licensed by the Town's Board of Health pursuant to
MGL c. 140, § 32B.
RENT BOARD and BOARD
The Mobile Home Park Rent Control Board as established under
the Act and herein. The Board shall consist of the members of the
Town's Select Board.
TOWN
The Town of West Stockbridge.
Notwithstanding any other provision in this bylaw, the Board
may, without holding a hearing, refuse to adjust the maximum rent
for an individual mobile home park accommodation and may dismiss any
petition for adjustment if a decision has been made with regard to
the maximum rent for such mobile home park accommodation within 12
months, or if the Board finds that the petition for adjustment is
filed for purposes of harassment or for other purposes not intended
by the Act or in conflict with MGL c. 140, §§ 32A through
32S.
In addition to the requirements of MGL c. 140, § 32L,
and in accordance with 940 CMR 10.00, if the owner, in good faith,
decides to discontinue use of part or all of the land owned and licensed
as a mobile home park, such discontinuance will be subject to any
existing contractual rights between the owner and the tenant located
in the mobile home park. As a local requirement, the park owner must,
in writing, give a minimum of 60 days' notice to each tenant prior
to closing, in addition to any other notices required by state law.
If a party appearing before the Board fails to comply with the
required procedures or production of information requested, such conduct
shall be grounds for dismissal of a petition presented to the Board.