Belchertown, Mass., Code of Bylaws ch 235 § 235-2

As used in this chapter, the following terms shall have the meanings indicated: BOARD The Mobile Home Park Rent Control Board established by Section 3 of Article 7 of the Special Town Meeting held on September 19, 1983. CAPITAL IMPROVEMENT Any substantial rehabilitation, addition or improvement which appreciably adds to the value of the property or prolongs its life, or both, but not including ordinary repairs and maintenance. FAIR MARKET VALUE Fair market value of property shall mean the current assessed valuation of the property, unless, on the basis of evidence presented to the Board, the Board in any specific case deems that another valuation is more appropriate to the circumstances of the case before it. FAIR NET OPERATING INCOME 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 for similar-type property generally available from institutional first mortgage lenders. The Board in any given case may, on the basis of evidence presented to it, adopt a different rate of return if such a different rate of return is deemed by the Board to be more appropriate to the circumstances of the case before it. HOUSING SERVICES Services or facilities provided by an owner or required by law or by the terms of a rental housing agreement to be provided by an owner to a tenant in connection with the use and occupancy of any mobile home park accommodation, which may include, without limitation, services, furniture, furnishings and equipment; repairs, decorating and maintenance; provisions of light, heat, hot water, cold water and telephone; kitchen, bath and laundry facilities and privileges; use of yard and other common areas; and janitor service, refuse removal, parking facilities and any other benefit, privilege or facility connected with the use or occupancy of any mobile home park accommodations. Housing services to a mobile home park accommodation shall include a proportionate part of services provided to common facilities of the mobile home park in which the mobile home park accommodation is contained. MOBILE HOME A dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent or temporary living quarters. MOBILE HOME PARK A park licensed by the Board of Health pursuant to MGL c. 140, § 32B . MOBILE HOME PARK ACCOMMODATIONS A. The lot or space in a mobile home park upon which is located a mobile home not owned by the holder of the license of said park and used and occupied as a one-family dwelling unit. B. A mobile home owned by the licensee of a mobile home park and used and occupied by a tenant as a one-family dwelling unit. OPERATING AND MAINTENANCE EXPENSES The expenses of reasonable and necessary services to a mobile home park, including but not limited to maintenance, repair, management fee, real estate broker's commission to someone other than the owner, insurance and utilities not included within the rent, but not including mortgage interest and amortization or an allowance for obsolescence or depreciation. OWNER The individual who holds a license granted pursuant to MGL c. 140, § 32B to conduct, control, manage or operate, directly or indirectly, a mobile home park in any manner, including but not limited to a partnership, corporation or trust. As construed herein, the rights and duties of the owner hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the owner. RENT The consideration, including any bonus, benefit, gratuity or charge, contingent or otherwise, demanded or received for or in connection with the use or occupancy of a mobile home park accommodation or for housing services or for the transfer of a lease of a mobile home park accommodation, exclusive of the tax collected by the owner and paid to the town under MGL c. 140, § 32G , excluding therefrom, however, the consideration paid by a shareholder of a cooperative housing corporation organized pursuant to MGL c. 157B for a share of said corporation, a proprietary lease and any maintenance fees associated therewith. RENTAL HOUSING AGREEMENT An agreement between an owner and a tenant for use and occupancy of a mobile home park accommodation and/or housing services, specifically excluding, however, any agreement for occupancy of a mobile home park accommodation between a cooperative housing corporation as defined in MGL c. 157B and a shareholder of said corporation. TENANT A tenant, subtenant, lessee, sublessee or other person entitled under the terms of a rental housing agreement to the use and occupancy of any mobile home park accommodation, excepting from this definition, however, any person who occupies a mobile home park accommodation pursuant to a proprietary lease, as defined in MGL c. 157B, § 4 , as a shareholder of a cooperative housing corporation under MGL c. 157B .