AN ACT PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF RENT REGULATIONS AND THE CONTROL OF EVICTIONS IN MOBILE HOME ACCOMODATIONS IN THE TOWN OF WEST STOCKBRIDGE.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. The town of West Stockbridge may, by its by-laws, regulate rents for the use or occupancy of mobile home park accommodations in the town, establish a rent board for the purpose of regulating rents, minimum standards for use and occupancy of mobile home park accommodations and evictions of tenants therefrom and may, by its by-laws, require registration by owners of mobile home park accommodations. Such rents, standards and evictions may be regulated by the rent board so as to remove hardships or correct inequities of both the owner and tenants of such mobile home park accommodations. The rent board shall have all the powers necessary or convenient to perform its functions, may make rules and regulations, require registration by owners of mobile home park accommodations, under penalty of perjury, of information relating to the mobile home park accommodations, sue and be sued, compel the attendance of persons and the production of papers and information and issue appropriate orders which shall be binding on both the owner and tenants of such mobile home park accommodations. Violations of a by-law adopted pursuant to the act act or any order of the rent board shall be punishable by a fine of not more than $1,000 for any 1 offense.
SECTION 2. In regulating the rents for such mobile home park accommodations, the rent board established pursuant to section 1 may make such individual or general adjustments, either upward or downward, as may be necessary to assure that rents for the mobile home park accommodations in the town are established at levels which yield to owners a fair net operating income for such units. The town may establish in the town by-laws further standards and rules consistent with this act. If the maximum rent is not otherwise established, it shall be established by the board. Any maximum rent may be subsequently adjusted under this act.
SECTION 3. Chapter 30A of the General Laws shall be applicable to the rent board, established pursuant to section 1, as if the rent board were an agency of the commonwealth, including any provisions giving agencies the powers to issue, vacate, modify and enforce subpoenas and any provisions relating to judicial review of an agency order.
SECTION 4. The district court shall have original jurisdiction, concurrently with the superior court, over all petitions for review brought under section 14 of chapter 30A of the General Laws. The superior court shall have jurisdiction to enforce this act and any by-laws adopted thereunder and may restrain violations thereof.
SECTION 5. The town of West Stockbridge may, by its by-laws, regulate the evictions of tenants and the rent board, established pursuant to section 1, may issue orders which shall be a defense to an action of summary process for possession and such orders shall be reviewable pursuant to sections 3 and 4.
SECTION 6. This act shall take effect upon its passage.Approved, August 2, 2013.