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.