Belchertown, Mass., Code of Bylaws ch 235 § 235-10

A. Pursuant to the provisions of MGL c. 140, § 32J , as amended, no owner shall bring an action to recover possession of a mobile home park accommodation unless: (1) The tenant has failed to pay the rent to which the owner is entitled; (2) The tenant is in substantial violation of an enforceable rule of the mobile home park; (3) The tenant is in violation of a law or ordinance which protects the health or safety of other mobile home park 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 mobile home park, subject to any existing contractual rights between the owner and the tenant located in the mobile home park. No such discontinuance shall be valid for any mobile home sold by the licensee and for which a mobile home site was made available at the time of said sale by the licensee for a period of five years from the date of said sale. B. 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. Application for a certificate of eviction. (1) An owner shall file an application in duplicate for obtaining a certificate of eviction with a filing fee of $25 for each unit for which eviction is sought. The fee shall be paid by check or money order made payable to the Town of Belchertown and presented at the time of filing the application for a certificate of eviction. (2) An application for a certificate of eviction shall be signed by the owner under the pains and 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 lease and the rules and regulations of the mobile home park owner shall be submitted with the application where the tenant is claimed to have violated either the lease or the park regulations. (3) An application for a 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) The Board shall, by certified mail, return receipt requested, forward to the tenant or tenants listed on the application for a certificate of eviction and to the park owner a copy of the application for a certification of eviction, as received, together with a notice of the date, time and place of the hearing. (5) An application or an amended application for eviction shall be scheduled for a hearing not less than 10 days nor more than 21 days from the date on which the notice of hearing is mailed as aforesaid by the Board to the parties. Hearings shall be conducted by the Board and shall be adjudicatory hearings following the procedures set forth in MGL c. 30A . (6) A request for postponement of the hearing will 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 any party 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 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 mobile home park accommodation without a certificate of eviction shall be deemed to have violated Chapter 78 , Mobile Home Parks, Article I , Rent Control, of the Code of the Town of Belchertown. E. The provisions of this section shall be construed as additional restrictions on the right to recover possession of a mobile home park accommodation. 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 Hampshire County District Court or the Superior Court, Department of the Trial Court, Hampshire Division, within 30 calendar days after such decision.