Bill HD.5299

SECTION 1. The City of Attleboro may, by its ordinances, establish a board for the purpose of overseeing the use and occupancy payments of manufactured housing parks in the city, and for regulating minimum standards for use or occupancy of manufactured housing park accommodations and eviction of tenants therefrom. The board shall have all powers necessary or convenient to perform its functions, including those established by ordinance, and may make rules and regulations and require the registration, by owners of manufactured housing parks under penalty of perjury, of information relating to the manufactured housing park accommodations.

Violations of any ordinance adopted pursuant to this act or any order of the rent board shall be punishable by a fine of not more than $5000.

SECTION 2. (a) The board, established pursuant to section 1, may make individual or general adjustments, either upward or downward, as may be necessary to assure that use and occupancy payments of a manufactured housing community in the city are established at levels that accommodate the occupants of each manufactured home.

(b) The board shall have powers necessary or convenient to perform the following functions:

(1) may make rules and regulations to effectuate the purpose of this section.

(2) require the registration by owners and operators of manufactured housing communities under penalty of perjury, of information relating to the manufactured housing community accommodations;

(3) sue and be sued;

(4) compel the attendance of persons and the production of papers and information; and

(5) issue appropriate orders which shall be binding on both the owner and tenants of such manufactured housing community accommodations.

SECTION 3. The following factors, among other relevant factors, which the board may define by regulation, shall be considered in determining whether manufactured housing community accommodations yield a fair net operating income:

(a) increases or decreases in property taxes;

(b) unavoidable increases or any decreases in operating and maintenance expenses;

(c) capital improvements of the manufactured housing community, as distinguished from ordinary repair, replacement, and maintenance.

(d) increases or decreases in space, services, equipment, or other similar factors;

(e) substantial deterioration of the manufactured housing community other than as a result of ordinary wear and tear; and

(f) failure to perform ordinary repair, replacement, and maintenance.

SECTION 4. Chapter 30A of the General Laws shall apply to the board as if it were an agency of the Commonwealth, including provisions relating to judicial review of an agency order.

SECTION 5. (a) The district court shall have original jurisdiction, concurrently with the superior court, of all petitions for review brought pursuant to section 4 of said Chapter 30A. (b) The superior court shall have original jurisdiction to enforce this act and any ordinances adopted thereunder and may restrain violations thereof.

SECTION 6. The personnel, if any, of the board shall not be subject to Chapter 31 or section 9A of Chapter 30 of the General Laws.

SECTION 7. This act shall take effect upon its passage.

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