When used in this bylaw, unless the context
otherwise requires, the following terms shall have the following meanings:
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.
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, including without limitation snowplowing,
sanding of roadways, landscaping, landscaping maintenance, furniture,
furnishings and equipment; repairs, decorating and maintenance; provision
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, privilege, or facility connected with the use or occupancy
of any mobile home park accommodations; or any other said service
that the Rent Board may allow under its rate case hearings. 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
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 single 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, but not including mortgage interest and
amortization nor 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; for purposes of
this bylaw, 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, verbal, written, or implied, between an owner
and a tenant for use and occupancy of a mobile home park accommodation
and for 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 Chapter 157B cooperative housing corporation.
The maximum rent of a mobile home park accommodation shall be the rent charged the tenant for the month of April 1988. If the mobile home park accommodation was unoccupied at that time but was occupied at any time prior to the effective date of this bylaw, the maximum rent shall be the rent charged therefor for or during the month closest to April 1988. If the maximum rent is not otherwise established, it shall be established by the Rent Board. Any maximum rent may be subsequently adjusted under the provisions of §§
145-5 and
145-6.
The provisions of MGL c. 30A shall be applicable to the Rent Board, established under §
145-2, as if said Rent Board were an agency of the Commonwealth, including those provisions giving agencies the power to issue, vacate, modify and enforce subpoenas, as well as those provisions relating to judicial review of an agency order.
Upon receipt by the Rent Board of a tenant petition
for adjustment of maximum rent, or upon action initiated by the Rent
Board for adjustment of maximum rent, the owner shall furnish to the
Rent Board, within a reasonable time after a written demand therefor,
an information statement on forms approved by the Rent Board.
The Rent Board may issue orders which shall
be a defense to an action of summary process for possession and such
orders shall be reviewable as herein provided.
A violation of this bylaw or of any order of
the Rent Board shall be punishable by a fine of not more than $1,000
for any one offense.
The personnel of the Rent Board established under the provisions of §
145-2 shall not be subject to the provisions of MGL c. 30, § 9A or c. 31.
This bylaw shall take effect as provided by
law.
If any provision of this bylaw or the application
of such provision to any person or circumstance shall be held invalid,
the validity of the remainder of this bylaw and the application of
such provision to other persons or circumstances shall not be affected
thereby.