City of North Adams, MA
Berkshire County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Sec. 26-1 Establishment, terms, membership.

[Ord. of 9-15-1982, § 1]
Composition, appointment. There is hereby established a mobile home park rent control board consisting of five members representing the public interest, none of whom is to be a mobile home park tenant or mobile home park landowner, to be appointed by the mayor and confirmed by a majority vote of the city council. The members in 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.
Voting, chairperson. Any action taken by the board shall require a majority vote thereof. Within seven days after the appointment and confirmation of the board as aforesaid, the board shall meet and elect one of its members as chairperson to serve in that capacity for a term of one year.
Compensation. Members of this mobile home park rent control board shall receive no compensation for their services.

Sec. 26-2 Definitions.

[Ord. of 9-15-1982, § 1]
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 require a different meaning:
Means the mobile home park rent control board as established herein.
Shall mean a dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities, and designed to be installed on a temporary or a permanent foundation for permanent living quarters, but shall not include modular homes set upon permanent foundations.
Means a park licensed by the board of health pursuant to Massachusetts General Laws, Chapter 140, Section 32B.
Shall mean 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 maintenance and repairs.
Means rules and regulations as promulgated by the board.
Is mandatory, may is permissive.

Sec. 26-3 Duties and powers generally.

[Ord. of 9-15-1982, § 1]
The board shall regulate rents, and shall promulgate such policies, rules and regulations as will further the provisions of Chapter 243 of the Acts of 1982, and shall recommend to the city council for adoption such ordinances as may be necessary to carry out the purposes of said Chapter 243.
The board may make rules and regulations, compel attendance of persons and the production of papers and information, and issue appropriate orders which shall be binding on both the owner and tenant of such mobile home park accommodations.
The board may refer any relevant matter to the appropriate city department or agency for further action. The board may, at the request of any mobile home park owner, render a binding opinion as to the impact of proposed capital improvements on the rents.

Sec. 26-4 Standards for adjusting rents.

[Ord. of 9-15-1982, § 1; Ord. of 9-28-2011]
The board may make individual or general adjustments, either upward or downward, as may be necessary to ensure that rents for mobile home park accommodations are established at 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 rent adjustment shall be effective without the prior approval of the board.
In the event that an owner makes application to the Board for a rent adjustment, the owner shall pay to the City of North Adams a processing fee for its application in the amount of $500.

Sec. 26-5 Summary process.

[Ord. of 9-15-1982, § 1]
The board shall regulate standards for use or occupancy of mobile home park accommodations, and shall regulate eviction of tenants at mobile home parks, and may issue orders which shall be defenses to actions of summary process for possessions.

Sec. 26-6 Review.

[Ord. of 9-15-1982, § 1]
The board and its actions shall be subject to the provisions of Massachusetts General Laws, Chapter 30A (Administrative Procedures Act) as if the board were an agency of the Commonwealth of Massachusetts.
The District Court of Berkshire County shall have original jurisdiction, concurrently with the Superior Court, of all petitions for review brought pursuant to Section 14 of Chapter 30A of the General Laws.
The Superior Court and the District Court of Berkshire County shall have concurrent jurisdiction to enforce the provisions of this chapter, and any violations thereof.

Sec. 26-7 Penalties for violation.

[Ord. of 9-15-1982, § 1]
Violations of this ordinance or any order of the board shall be punished by a fine of not more than $1,000 for any one offense.

Sec. 26-8 Severability.

[Ord. of 9-15-1982, § 1]
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected thereby.