West Stockbridge, Mass., Code of Bylaws ch 170 § 170-8

A. Pursuant to the provisions of MGL c. 140, § 32J , an owner shall not bring an action to recover possession of a mobile home park accommodation unless the Board issues a certificate of eviction on one or more of the following grounds: (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, bylaw or regulation which protects the health or safety of other mobile home park residents. 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 . C. Application for certificate of eviction; notice and hearing; issuance of certificate. (1) An owner shall file an application for a certificate of eviction and a copy of the application on a form provided by the Board as well as pay a filing fee in the amount established by the Board. The fee shall be paid by check or money order made payable to the Town of West Stockbridge 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 penalties of perjury and shall describe in complete detail the basis for eviction and the facts in support of such basis. A copy of the lease and the rules and regulations of the mobile home park 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) Within 30 days of receiving an application for a certificate of eviction, 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 mobile home park owner 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 or an amended application for a certificate of eviction shall be scheduled for a hearing not less than 10 days or more than 21 days from the date on which the notice of hearing is mailed 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 , and 801 CMR 1.02 , Informal/Fair Hearing Rules, insofar as the procedures are relevant. (6) A request 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 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 session of the hearing, and any 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 the Act and this bylaw. E. The provisions of this bylaw shall be construed as additional restrictions on the right to recover possession of a mobile home park accommodation. No provision of this bylaw shall entitle any person to recover possession of such a mobile home park accommodation. Upon a decision of the Board concerning the granting or withholding of a certificate of eviction, either party concerned may appeal to the Southern Berkshire Division of the District Court or the Berkshire Superior Court, Department of the Trial Court, within 30 calendar days after such decision.