Warren, Mass., Gen. By-Laws § 10 § § 10

Section 10. Mobile Home Rent Control By-Law

A. Name
This By-Law shall be known and may be cited as the "MOBILE HOME PARK RENT CONTROL
BY-LAW".
B. Definitions
For the purpose of this By-Law 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.

   1. "Rent Board" and "Board" means the MOBILE HOME PARK RENT CONTROL BOARD
      as established herein.
   2. "Mobile Home" 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.
   3. "Mobile Home Park" means a park licensed by the Board of Health pursuant to Massachusetts
      General Laws, Chapter 140, Section 32B. ): “However, a Mobile Home Park, for the purposes of
      this Mobile Home Rent Control By-law only, shall not include any park that is owned or
      operated by a corporation or association whose shareholders or members constitute over 75% of
      the homes in the community”.
   4. "Rules and Regulations" means rules and regulations as promulgated by the BOARD.
   5. "Shall" is mandatory; "May" is permissive.

C. Mobile Home Park Rent Control Board
There is hereby established a Mobile Home Park Rent Control Board consisting of three (3) members
appointed by the Board of Selectmen. The members in the first instance shall be appointed for terms of
one (1), two (2), and three (3) years. Upon expiration of a term of office, the subsequent term shall be
for a period of three (3) years, for all appointments made after May 10, 2005. Any member of the
Mobile Home Park Rent Control Board may be removed for cause by the Board of Selectmen, after a
public hearing, if such hearing is requested by the member of the Mobile Home Park Rent Control Board
whose removal is contemplated.

D. Duties and Powers
  1. The BOARD shall regulate rents, set minimum standards for use or occupancy of Mobile Home
  Park accommodations and evictions of tenants there from; may require registration by owners of
  Mobile Home Parks; may require information of said owners relating to their parks under penalties of
  perjury.
  2. 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 orders which shall be binding on both
  the owner and tenant of such Mobile Home Park accommodations.

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    E. Standards for Adjusting Rents

   1. The BOARD may make 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.
   2. 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.
   3. Fair market value shall be the 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.
   4. The BOARD may establish further standards and rules consistent with the foregoing.

F. Summary Process
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.

G. Review
  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.
  2. Pursuant to Chapter 642 of the Acts of 1985 the Spencer Division of the District Court Department
  shall have original jurisdiction, concurrently with the Superior Court, of all petitions for review
  brought pursuant to Massachusetts General Laws, Chapter 30A, Section 14.
  3. The Superior Court Department shall have jurisdiction to enforce the provisions of the By-Law and
  may restrain violations thereof.

H. Penalties
Violations of this By-Law or any order of the BOARD shall be punishable by a fine of not more than
One Thousand ($1,000.00) Dollars for any one offense.

I. Severability
If any provision of this By-Law shall be held invalid, the validity of the remainder of this act shall not be
affected thereby.