[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.
[Amended 5-17-2022 ATM, Art. 32]
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 Select Board. 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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
No proposed rent increase shall be effective without
the prior approval of the Board.
E.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
