Post date: Jan 15, 2019 3:33:19 PM
We noted this in the last meeting. I post this for reference only. Given that we currently have a functioning Board which is in the midst of considering a request, I'd recommend that any further action regarding membership be deferred to some future point.
[HISTORY: Adopted by the Annual Town Meeting of the Town of Williamstown 5-20-2003, Art. 15. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context in which they are used clearly requires a different meaning.
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 living quarters.
A park licensed by the Board of Health pursuant to MGL c.40, § 32B.
The Mobile Home Park Rent Control Board as established herein.
Rules and regulations as promulgated by the Board.
Is mandatory; "may" is permissive.
There is hereby established a "Mobile Home Park Rent Control Board" consisting of five members representing public interest none of whom are to be a mobile home park tenant or mobile home park land owner, appointed by the Board of Selectmen. The members of the first instance shall be appointed for terms of one, two, three, four, and five years. Upon expiration of a term of office, the subsequent term shall be for a period of five years.
The Board shall regulate rents, set minimum standards for use or occupancy of mobile home park accommodations and evictions of tenants therefrom; and may require information of said owners relating to their parks under penalties of perjury.
The Board may make rules and regulations, sue and be sued, compel attendance of persons and the production of papers and information, and issue appropriate order which shall be binding on both the owner and tenant of such mobile home park accommodations.
The Board may take individual or general adjustments, either upward or downward, as may be necessary to assure that rents for mobile home park accommodations are established on levels which yield to owners a fair net operating income for such units.
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 such other rates of return as the Board, on the basis of evidence presented before it, deems more appropriate to the circumstances of the case.
Fair market value shall be assessed valuation of the property or such other valuation as the Board, on the basis of evidence presented before it, deems more appropriate to the circumstances of the case.
No proposed rent increase shall be effective without the prior approval of the Board.
The Board may establish further standards and rules consistent with the foregoing.
The Board may regulate evictions of tenants at mobile home parks and may issue orders, which shall be a defense to an action of summary process for possession.
The Board and its actions shall be the subject to the provisions of MGL C.30A (Administrative Procedures Act) as if the Board were an agency of the Commonwealth of Massachusetts.
The District Court of Berkshire County, Northern Division, shall have original jurisdiction, concurrently with the Superior Court, of all petitions for review brought pursuant to MGL C.30A, § 14.
The Superior Court and the District Court of Berkshire County, Northern Division, shall have concurrent jurisdiction to enforce the provisions of this article, and any bylaw adopted thereunder, and may restrain violations thereof.
[Amended 5-18-2004 ATM, Art. 26]
Violations of this chapter or any order of the Board shall be punished by a fine of not more than $1,000 for any one offense.