In accordance with Chapter 238 of the Acts of 1983 and Chapter
78, Mobile Home Parks, Article
I, Rent Control, of the Code of the Town of Belchertown, adopted by Special Town Meeting held on September 19, 1983, by the Town of Belchertown after hearing in accordance with MGL c. 30A, § 2, the Mobile Home Park Rent Control Board hereby adopts the following rules and regulations for the purpose of regulating rents, standards and evictions in mobile home parks within its jurisdiction.
As used in this chapter, the following terms shall have the meanings
indicated:
BOARD
The Mobile Home Park Rent Control Board established by Section 3
of Article 7 of the Special Town Meeting held on September 19, 1983.
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 repairs and maintenance.
FAIR MARKET VALUE
Fair market value of property shall mean the current assessed valuation
of the property, unless, on the basis of evidence presented to the Board,
the Board in any specific case deems that another valuation is more appropriate
to the circumstances of the case before it.
FAIR NET OPERATING INCOME
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 for similar-type property generally available from institutional first
mortgage lenders. The Board in any given case may, on the basis of evidence
presented to it, adopt a different rate of return if such a different rate
of return is deemed by the Board to be more appropriate to the circumstances
of the case before it.
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 mobile home park accommodation,
which may include, without limitation, services, furniture, furnishings and
equipment; repairs, decorating and maintenance; provisions of light, heat,
hot water, cold water and telephone; kitchen, bath and laundry facilities
and privileges; use of yard and other common areas; and janitor service, refuse
removal, parking facilities and any other benefit, privilege or facility connected
with the use or occupancy of any mobile home park accommodations. 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 mobile home park accommodation is contained.
MOBILE HOME
A dwelling unit built on a chassis and containing complete electrical,
plumbing and sanitary facilities and designed to be installed on a temporary
or permanent foundation for permanent or temporary living quarters.
MOBILE HOME PARK
A park licensed by the Board of Health pursuant to MGL c. 140, § 32B.
MOBILE HOME PARK ACCOMMODATIONS
A.
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 said park and used and occupied
as a one-family dwelling unit.
B.
A mobile home owned by the licensee of a mobile home park and used and
occupied by a tenant as a one-family dwelling unit.
OPERATING AND MAINTENANCE EXPENSES
The expenses of reasonable and necessary services to a mobile home
park, including but not limited to maintenance, repair, management fee, real
estate broker's commission to someone other than the owner, insurance
and 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 mobile home park 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 on behalf of the owner.
RENT
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, exclusive
of the tax collected by the owner and paid to the town under MGL c. 140, § 32G,
excluding therefrom, however, the consideration paid by a shareholder of a
cooperative housing corporation organized pursuant to MGL c. 157B for a share
of said corporation, a proprietary lease and any maintenance fees associated
therewith.
RENTAL HOUSING AGREEMENT
An agreement between an owner and a tenant for use and occupancy
of a mobile home park accommodation and/or housing services, specifically
excluding, however, any agreement for occupancy of a mobile home park accommodation
between a cooperative housing corporation as defined in MGL c. 157B and a
shareholder of said corporation.
TENANT
A tenant, subtenant, 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, excepting from this definition, however, any person
who occupies a mobile home park accommodation pursuant to a proprietary lease,
as defined in MGL c. 157B, § 4, as a shareholder of a cooperative
housing corporation under MGL c. 157B.
The maximum rent of a mobile home park accommodation shall be the rent charged as of the date of July 10, 1984. If the mobile home park accommodation was unoccupied at that time, the maximum rent shall be the rent charged for a similar accommodation on July 10, 1984. No rent adjustment of any mobile home park accommodation shall be effective without prior approval of the Board after proceeding as set forth in §§
235-4 and
235-5.
The Board shall require registration of all mobile home accommodations on forms approved by it within 90 days of the approval of these regulations. Any new or additional accommodations must be registered prior to occupancy thereof. No petition for an upward adjustment of maximum rent shall be accepted by the Board until all statements and information required to be filed under this §
235-4 have been filed, and any such petition prior to such filing shall not be entertained by the Board. The registration forms shall be signed by the owner under the penalties of perjury.
The provisions of MGL c. 30A, including those provisions giving agencies
the power to issue, vacate, modify and enforce subpoenas, shall be applicable
to the Board as if said Board were an agency of the commonwealth, as well
as those provisions relating to judicial review and agency order. The rules
and regulations at 801 CMR 1.00 et seq., as adopted by the Secretary of Administration
for Massachusetts for application and use by state agencies for the conduct
of both formal and informal adjudicatory hearings, shall be the rules and
regulations and procedures adopted for use before the Belchertown Mobile Home
Park Rent Control Board for the hearing of all petitions for rent adjustment
and for eviction, unless, at the time of the filing of the petition and before
the notice of agency action shall be published, the Board shall by vote determine
to use an alternative procedure, which nonetheless shall be consistent with
the provisions of MGL c. 30A, §§ 10, 11 and 12.
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.
Any forms adopted pursuant to the provisions of these rules and regulations
shall be submitted under the pains and penalties of perjury.