[HISTORY: Adopted by the Rent Control Board of the Town of
Easton 12-16-2013. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Mobile Home Rent Control Board (the "Board"), as established
under the above described Special Act and Bylaw.[1]
Any substantial rehabilitation, addition or other improvement
which appreciably adds to the value of the manufactured housing accommodations
or the manufactured housing community or prolongs its life or both,
but not including ordinary repairs and maintenance.
Fair Market Value of property shall mean the current assessed
valuation of the Manufactured Housing Accommodations or Manufactured
Housing Community or other valuation of said Accommodations or Community
that the Board, on basis of evidence presented before it, considers
more appropriate to the circumstances of the case before it. The Board
may request a certified appraisal in order to determine fair Market
value and shall, in any event, evaluate all evidence presented by
any party regarding said Fair Market Value.
That net income which will yield, in the discretion of the
Board, a reasonable return to the Owner of a Mobile Home Park, after
all reasonable operating expenses. In consideration of whether the
return is reasonable, the Board may consider any relevant evidence
and standards, including, but not limited to: average returns for
other similarly situated Parks and Communities, any operating expenses
or debt service, any projected capital improvements, or any other
factor that may be presented. The Board shall evaluate all evidence
presented by any party regarding the fair net operating income.
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 manufactured housing community, which may include without limitation:
services, furniture, furnishings and equipment; repairs, decorating
and maintenance; provisions 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, privileges or facility connected
with the use or occupancy of any Manufactured Housing Accommodations.
Housing Services for a Manufactured Housing Community shall include
a proportionate part of services provided to common facilities of
the Manufactured Housing Community in which the Mobile Home is contained.
A Manufactured Home as defined in MGL c. 140, § 32Q,
also known and referred to as a "Mobile Home." A Manufactured Housing
Accommodation may include the following:
The lot or space in a Manufactured Housing Community (see below)
upon which is located a Manufactured Home not owned by the holder
of the license of said park and used and occupied as a one-family
dwelling unit.
A Manufactured Home owned by the licensee of a manufactured
housing community and used and occupied by a Tenant as a one-family
dwelling unit.
A Manufactured Housing Community licensed by the Board of
Health pursuant to MGL c. 140, § 32B, also known and referred
to as a "Mobile Home Park."
The reasonable, routine and customary expenses of operating
and maintaining a Manufactured Housing Community including, but not
limited to, maintenance, repair, management fee, real estate broker's
commission to an entity other than the Owner or an entity controlled
by the Owner or member of the Owner's immediate family, insurance,
utilities not included within the rent; but not including mortgage
interest and amortization or an allowance for obsolescence or depreciation.
The individual who holds a license granted pursuant to MGL
c. 140, § 32B, to conduct, control, manage or operate directly
or indirectly a Manufactured Housing Community 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 for a Manufactured Housing Accommodation on behalf of the Owner.
The consideration; including, but not limited to: any rent,
bonus, benefit, gratuity or charge contingent, or otherwise, demanded
or received for or in connection with the use or occupancy of a Manufactured
Housing Accommodation or Community or for housing services or for
the transfer of a lease of a Manufactured Housing Accommodation, exclusive
of the tax collected by the Owner and paid to the Town; excluding
therefrom, however, the consideration paid by a shareholder of a Cooperative
Housing Corporation organized pursuant to MGL 157B for a share of
said corporation, a propriety lease, and any maintenance fees associated
therewith.
An agreement between an Owner and a Tenant for use and occupancy
of a Manufactured Housing Accommodation or Community and/or Housing
Services, specifically excluding, however, any agreement for occupancy
of a Manufactured Housing Community accommodation between a Cooperative
Housing Corporation as defined in Massachusetts General Laws Chapter
157B and a shareholder of said corporation.
A Tenant, lessee, or other person entitled, under the terms
of a Rental Housing Agreement with the Owner, to the use and occupancy
of any Manufactured Housing Accommodation; excepting for this definition,
however, any person who occupies a Manufactured Housing Accommodation
pursuant to a proprietary lease as defined in Massachusetts General
Laws Chapter 157B at Section 4, as a shareholder of a Chapter 157B
Cooperative Housing Corporation.
That the tenant association and the park owner have come
to a mutual agreement prior to the filing of a petition for a Rent
Adjustment.
The maximum rent of a Manufactured Housing Community accommodation
shall be the rent charges as of the date of September 19, 2013. If
the Manufactured Housing Accommodation was unoccupied at that time,
the maximum rent shall be the rent charged for a similar Mobile Home
on September 19, 2013. No rent adjustment of any Manufactured Housing
Community accommodation shall be effective without prior approval
of the Board after proceeding as set forth herein.
A.
The Board shall require annual registration of all Manufactured Housing Communities. Forms may be provided by the Board for such purposes. Any new or additional Mobile Homes in any Mobile Home Park must be registered prior to occupancy thereof. No petition for an upward adjustment of maximum rent may be accepted by the Board until all statements and information required to be filed under this § 506-3 have been filed and any such petition prior to such filing shall not be entertained by the Board. The Board shall require the following in any Registration:
(1)
The legal name, address and business telephone of the Owner;
(2)
The identification of each unit;
(3)
The legal name, address and business telephone of any manager of
the Mobile Home Park;
(4)
The identification of each Tenant in the Manufactured Housing Community,
including the date the tenancy began and the date on which it terminates,
or whether it is a tenancy at will, and the amount of rent due each
month;
(5)
The lot type, if necessary, to distinguish different types of lots
for which the owner charges different rents, including the description
of the basis(es) for charging the rent differential.
(6)
A copy of the Rental Housing Agreement and any rules and regulations
applicable to the tenancy thereunder.
B.
The owner shall update the registration annually by June 30 of each
year. The registration forms shall be accompanied by an affidavit
or certificate of the Owner signed under the pains and penalties of
perjury that all information therein is true, complete and accurate.
A.
The Board may make such individual or general adjustments, either upward or downward, of the Maximum Rent established under § 506-2 (or under any subsequent order issued hereunder) for any Manufactured Housing Community or Accommodation therein as may be necessary to remove hardships, correct inequities for both Owner and Tenant, and make adjustments for capital improvements/equipment and in so doing shall observe the principal of maintaining rents at levels which will yield to Owners a Fair Net Operating Income for such Manufactured Housing Community.
B.
The Board may promulgate a schedule of standard rental increases
or decreases for improvement or deterioration in specific services
and facilities.
C.
Notwithstanding any other provision of this section, the Board may
refuse to grant an upward adjustment of maximum rent if it determines
that the affected Manufactured Housing Community or any Accommodation
therein does not comply with the State Sanitary Code or the Town of
Easton's bylaws or regulations or any other applicable code,
ordinance or state law regulating the conditions of housing accommodations,
and if it determines that such lack of compliance is due to the failure
of the Owner to provide normal and adequate repairs and maintenance.
The Board may refuse to make a downward adjustment of maximum rent
if it determines that the Tenant seeking such adjustment is more than
30 days in arrears in payment of Rent (unless such arrearage is due
to a withholding of rent under the provisions of MGL c. 239, § 8A),
or if the Tenant is in substantial violation of any enforceable rule
of the Manufactured Housing Community, or if the Tenant is in violation
of any laws or bylaws which protect the health and safety of other
Manufactured Housing Community residents.
A.
Individual adjustment of rent. The Board shall consider an adjustment
of rent for an individual Manufactured Housing Accommodation upon
receipt of a petition for adjustment filed by the Owner or Tenant
of such Manufactured Housing Accommodation, or upon its own initiative.
The Board may prescribe forms for such purposes. The Board shall notify
the Owner, if the petition was filed by the Tenant, or the Tenant,
if the petition was filed by the Owner, of the receipt of such petition
and of the right of either party to participate in a hearing as required
hereunder.
B.
General adjustment of rent. Upon petition by an Owner or Tenant(s)
or upon its own initiative, the Board may make a general adjustment
by percentage or otherwise of the rental levels for all or a portion
of Manufactured Housing Accommodations in a Mobile Home Park, subject
to such conditions, if any, as the Board shall determine in accordance
with the By-law. The Board shall notify the Owner, if the petition
was filed by the Tenant, or the Tenant, if the petition was filed
by the Owner, of the receipt of such petition and of the right of
either party to participate in a hearing as required hereunder.
C.
Hearings for rent adjustment proceedings shall be generally conducted
pursuant the informal rules of administrator as detailed under 801
CMR 1.00 et seq., as may be modified by the provisions of these regulations.
Notice of this time, place and purpose of such hearings shall be published
at least once in a newspaper having a general circulation in the Town,
and posted in the Town Hall, both not less than seven days prior to
such hearings. Hearings shall open not more than 45 days after receipt,
by the Board of any petition for rent adjustment. Hearings may be
continued in order to obtain additional and necessary information,
documentation and testimony. Upon the close of any such hearing, the
Board shall have 45 days to file a written decision on such petition
with the Easton Town Clerk.
D.
If an Owner files a petition for Rent Adjustment, the subject tenant(s)
shall be considered to be a party to such proceeding. If a tenant
or tenants file a petition for rent adjustment, the Owner shall be
considered to be a party to such proceeding.
E.
The filing fee for any petition for individual rent adjustment shall
be $100 per unit. The filing fee for any petition for a general rent
adjustment shall be $1,000. The Board may waive all or a portion of
the fee in the event that a Petition is Uncontested and/or the Petition
will not require substantial administrative expense and/or in the
event of demonstrable financial hardship. In addition, a check shall
be issued to cover the costs of advertising for the then current rate
of advertising. The above filing fee shall be paid by check or money
order made payable to the Town of Easton and presented upon the filing
of the petition with the Board.
F.
Should the Board require technical expertise for peer review of any
matter or matter that may arise in a proceeding for rent adjustment,
it may retain a qualified consultant, engineer, accountant, analyst
or other expert, at the Petitioner's expense. The provisions
of MGL c. 44, § 53G shall apply to the retention of any
such expert.
A.
Pre-approval. An Owner may file a petition for the purpose of obtaining pre-approval from the Board for an increase in Maximum Rent (as may be adjusted) to offset the cost of a substantial and necessary capital improvement or purchase of capital equipment. The procedures set forth in § 506-5 above for Rent adjustment petitions shall be used for capital improvement or capital equipment petitions. The Owner shall file with the petition for pre-approval any and all information relating to the cost of and need for financing the capital improvement or capital equipment purchase. The Board shall consider whether the improvement is necessary and the reasonableness of the cost of the improvement in considering a rent increase to support the cost of the improvement. The rent increase shall be conditioned upon satisfactory and final approval of the improvement, as set forth below.
B.
Final approval. Upon completion of the capital improvement or purchase of capital equipment for which a park owner or management has received pre-approval, the Owner shall notify the Board accordingly. The Board may give final approval of the increase in maximum rent(s). Final approval shall only be given by the Board upon submission of satisfactory evidence by the Owner that the capital improvement has been satisfactorily completed or the capital equipment has been purchased and that the costs incurred for such improvement are equal to or exceed the cost upon which pre-approval was given. In the event that such costs are less than the original estimated costs, the rent shall be increased only to the extent that it reflects such costs, as may be determined by the Board. The Board shall hold a hearing in accordance with § 506-5 hereof, upon submission by the Owner of evidence of completion of the capital improvement.
The Taunton District Court shall have original jurisdiction
concurrently with the Bristol County Superior Court for review of
any decision of the Board, brought pursuant to MGL c. 30A, § 14.
The Superior Court shall have jurisdiction to enforce the requirements
of these regulations as well as the above-described Special Act and
Bylaw[1] and may restrain violations thereof.
A.
Upward adjustments.
(1)
Upon receipt of a petition for Rent adjustment by the Owner, the
Board may request, or may subpoena, any and all relevant documents
as may be appropriate, including, but not limited to:
(a)
Compiled Financial Statements for up to three years preceding
the filing of the Notice of Claim; such statement should clearly set
forth income, sources of income, and a detailed breakdown of operating
expenses, or such other financial statements that the Board shall
request.
(b)
An interim updated financial statement showing income and operating
expenses for the current year.
(c)
A complete and current balance sheet.
(d)
A statement of the number of employees, job titles and descriptions
of any employee whose employment relates to the affected mobile home
park.
(e)
Current capital improvements and proposed dates of completion.
(f)
Proposed capital improvements and dates of completion.
(g)
Proposed budget for the year in which the increase is to be
effective.
(h)
A statement of the rate of return sought and the assessed valuation
of the property.
(2)
In any case where the Owner seeking an upward adjustment in rent
owns and operates more than one Manufactured Housing Community, all
financial documentation submitted shall pertain solely to the operation
of the Manufactured Housing Community for which the upward adjustment
is sought.
B.
C.
A petitioner's failure to provide reasonably requested or subpoenaed
information may be grounds for denial of the Petition.
A.
No Owner shall bring an action to recover possession of a Manufactured
Housing Community accommodation pursuant to MGL c. 140, § 32J
unless:
(1)
The Tenant has failed to pay the rent to which the Owner is entitled;
or
(2)
The Tenant is in substantial violation of an enforceable rule of
the mobile home park; or
(3)
The Tenant is in violation of a law or ordinance which protects the
health or safety of other Manufactured Housing Community residents;
or
(4)
There is a discontinuance in good faith by the Owner of the use of
part or all of the land owned and licensed as a Manufactured Housing
Community subject to any existing contractual right between the Owner
and the Tenant located in the Manufactured Housing Community. No such
discontinuance shall be valid for any Manufactured Home sold by the
licensee and for which a Manufactured Home site was made available
at the time of the said sale by the licensee for a period of five
years from the date of said sale.
B.
Prior to the commencement of any summary process for eviction, the
Owner must provide the Board with satisfactory evidence that all notice
requirements as to any alleged violation have been provided to the
Tenant in a timely manner and the Tenant has failed to cure the alleged
violation in a timely manner, all as set forth in MGL c. 140, § 32J,
as amended.
C.
Prior to the commencement of any summary process for eviction:
(1)
The Owner shall file an application to the Board for a certificate
of eviction, with a filing fee of $100 for each unit for which eviction
is sought. The fee shall be paid by check or money order made payable
to the Town of Easton and presented at the time of filing the application
for a certificate of eviction.
(2)
An application for certificate of eviction shall be signed by the
Owner under the penalties of perjury and shall describe in complete
detail the proposed basis (or bases) for eviction and the facts in
support of such basis (or bases). A copy of the Rental Housing Agreement
(or lease) and the rules and regulations of the Manufactured Housing
Community Owner shall be submitted with the application where the
Tenant is claimed to have violated either said Agreement or the park
regulations.
(3)
An application for certificate of eviction which fails to comply with the foregoing provisions of this Subsection C shall not be processed until such defects have been corrected or removed.
(4)
Within 10 days of receipt of an application for certificate of eviction,
the Board shall, by certificate mail, return receipt requested, forward
to the Tenant(s) listed on the application for a certificate of eviction
a copy of the application for a certificate of eviction, as received,
together with a notice of the date, time and place of the hearing.
(5)
An application for a certificate of eviction shall be scheduled for
a hearing within 30 days following the mailing of the Notice referenced
in the preceding paragraph. Hearings shall be conducted by the Board
in accordance with the informal rules under 801 CMR 1.01 et seq.,
as may be modified by these regulations.
(6)
A request, by the Tenant or the Owner, for postponement of the hearing
may be granted for good cause shown.
(7)
At the hearing the Owner shall have the burden of establishing the
facts and basis for the eviction. Testimony shall be taken under oath
and either the Tenant or the Owner (or their duly designated representative)
shall have the right to cross-examine witnesses of the other party
and to introduce evidence in support of its position.
(8)
A written order granting or denying a certificate of eviction shall
be issued by the Board within 30 calendar days of the date of the
final hearing and its order denying a certificate of eviction shall
be a defense in any summary process action commenced by the Owner
against the Tenant or Tenants named on the application for a certificate
of eviction.
D.
An Owner who seeks to recover possession of a Manufactured Housing
Community accommodation without a certificate of eviction shall be
deemed to have violated these Regulations and the above-described
Special Act and Bylaw.[1]
E.
The provisions of this section shall be construed as additional restrictions
on the right to recover possession of a mobile home park accommodation.
The issuance of an Order denying a Certificate of Eviction may be
used as a defense to a summary process action instituted under MGL
c. 140, § 32J. No provision of this section shall entitle
any person to recover possession of such a mobile home park accommodation.
Upon a decision of said Board concerning the granting or withholding
of a certificate of eviction, either party concerned may appeal to
the Taunton District Court or the Bristol County Superior Court for
review, pursuant to MGL c. 30A, § 14.
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.
