Easton, Mass., Code of Bylaws ch 506 § 506-1

As used in this chapter, the following terms shall have the meanings indicated: BOARD The Mobile Home Rent Control Board (the "Board"), as established under the above described Special Act and Bylaw. [1] CAPITAL IMPROVEMENTS Any substantial rehabilitation, addition or other improvement which appreciably adds to the value of the manufactured housing accommodations or the manufactured housing community 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 Manufactured Housing Accommodations or Manufactured Housing Community or other valuation of said Accommodations or Community that the Board, on basis of evidence presented before it, considers more appropriate to the circumstances of the case before it. The Board may request a certified appraisal in order to determine fair Market value and shall, in any event, evaluate all evidence presented by any party regarding said Fair Market Value. FAIR NET OPERATING INCOME That net income which will yield, in the discretion of the Board, a reasonable return to the Owner of a Mobile Home Park, after all reasonable operating expenses. In consideration of whether the return is reasonable, the Board may consider any relevant evidence and standards, including, but not limited to: average returns for other similarly situated Parks and Communities, any operating expenses or debt service, any projected capital improvements, or any other factor that may be presented. The Board shall evaluate all evidence presented by any party regarding the fair net operating income. 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 manufactured housing community, which may include without limitation: services, furniture, furnishings and equipment; repairs, decorating and maintenance; provisions of light, heat, hot water, cold water, telephone, kitchen, bath and laundry facilities and privileges; use of yard and other common areas; janitor service, refuse removal, parking facilities, and any other benefit, privileges or facility connected with the use or occupancy of any Manufactured Housing Accommodations. Housing Services for a Manufactured Housing Community shall include a proportionate part of services provided to common facilities of the Manufactured Housing Community in which the Mobile Home is contained. MANUFACTURED HOUSING ACCOMMODATION A Manufactured Home as defined in MGL c. 140, § 32Q, also known and referred to as a "Mobile Home." A Manufactured Housing Accommodation may include the following: A. The lot or space in a Manufactured Housing Community (see below) upon which is located a Manufactured Home not owned by the holder of the license of said park and used and occupied as a one-family dwelling unit. B. A Manufactured Home owned by the licensee of a manufactured housing community and used and occupied by a Tenant as a one-family dwelling unit. MANUFACTURED HOUSING COMMUNITY A Manufactured Housing Community licensed by the Board of Health pursuant to MGL c. 140, § 32B, also known and referred to as a "Mobile Home Park." OPERATING AND MAINTENANCE EXPENSES The reasonable, routine and customary expenses of operating and maintaining a Manufactured Housing Community including, but not limited to, maintenance, repair, management fee, real estate broker's commission to an entity other than the Owner or an entity controlled by the Owner or member of the Owner's immediate family, insurance, 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 Manufactured Housing Community 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 for a Manufactured Housing Accommodation on behalf of the Owner. RENT The consideration; including, but not limited to: any rent, bonus, benefit, gratuity or charge contingent, or otherwise, demanded or received for or in connection with the use or occupancy of a Manufactured Housing Accommodation or Community or for housing services or for the transfer of a lease of a Manufactured Housing Accommodation, exclusive of the tax collected by the Owner and paid to the Town; excluding therefrom, however, the consideration paid by a shareholder of a Cooperative Housing Corporation organized pursuant to MGL 157B for a share of said corporation, a propriety lease, and any maintenance fees associated therewith. RENTAL HOUSING AGREEMENT An agreement between an Owner and a Tenant for use and occupancy of a Manufactured Housing Accommodation or Community and/or Housing Services, specifically excluding, however, any agreement for occupancy of a Manufactured Housing Community accommodation between a Cooperative Housing Corporation as defined in Massachusetts General Laws Chapter 157B and a shareholder of said corporation. TENANT A Tenant, lessee, or other person entitled, under the terms of a Rental Housing Agreement with the Owner, to the use and occupancy of any Manufactured Housing Accommodation; excepting for this definition, however, any person who occupies a Manufactured Housing Accommodation pursuant to a proprietary lease as defined in Massachusetts General Laws Chapter 157B at Section 4, as a shareholder of a Chapter 157B Cooperative Housing Corporation. UNCONTESTED That the tenant association and the park owner have come to a mutual agreement prior to the filing of a petition for a Rent Adjustment. [1] Editor's Note: Refers to Chapter 88 of the Acts of 2013 and the Mobile Home Parks Bylaw adopted by STM 2-6-2012, Art. 1 (See Ch. 168 , Mobile Home Parks.), mentioned in the preamble to these rules and regulations.