Ludlow, Mass., Code of Ordinances ch. XII (2026) § XII-2

In accordance with the town bylaws, and chapter 240 of the Acts of 1983, the mobile home rent control board, after hearing in accordance with General Laws chapter 30A, section 2, hereby adopts the following rules and regulations for the purpose of regulating rents charged in mobile home parks within its jurisdiction.
DEFINITIONS
Fair market value of property shall mean the current assessed valuation of the property or any other valuation the board feels more appropriate to the situation. This will be determined by the board based on the evidence presented to it.
Fair net operating incomes shall be 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 residential or commercial 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.
Rent shall mean the total consideration paid by a tenant to an owner for the use and occupation of land in a mobile home park. This rent does exclude the tax collected by the owner and paid to the town under Massachusetts General Laws chapter 140, section 32G.
Standard adjudicatory rules of practice and procedure or standard rules shall mean the rules and regulations promulgated by the commissioner of administration and finance pursuant to General Laws chapter 30A, section 11 and codified at 801 CMR section 1.01 through 1.03 including any amendments which may hereafter be adopted by the said commissioner.
SECTION ONE--MAXIMUM RENT
The maximum rent for any mobile home park accommodation shall be the rent charged on January 2, 1985. If the mobile home park was unoccupied at that time, the maximum rent shall be the rent charge for similar accommodation on January 2, 1985. No rent adjustment of any mobile home park accommodation shall be effective without prior approval of the board after proceeding as set forth in section two and three herein.
SECTION TWO--ADJUSTMENT OF MAXIMUM RENT
a) The board may by order make such individual or general adjustments of the maximum rent established by section one herein, either upward or downward, as may be necessary to remove hardships or correct inequities for both the owner and the tenant and to yield to owners a fair net operating income for mobile home park accommodations.
b) The board may refuse to grant all or part of any upward adjustment of rent if the board determines that the affected mobile home park is not in compliance with the statutes, codes or regulations of the commonwealth or any agency or department thereof or any municipal rules, regulations, codes, bylaws or ordinances regulating the conditions of mobile home parks or, if the board determines that the owner has failed to provide normal and adequate repairs and maintenance.
The board may refuse to make any downward adjustment of maximum rent if it determines that the tenant is more than 60 days in arrears in the payment of rent unless such arrearage is due to the withholding or non-payment of rent pursuant to General Laws chapter 239, section 8A, or if the tenant is in substantial violation of any enforceable rule of the mobile home park, or if the tenant is in violation of any laws or ordinances which protect the health or safety of other mobile home park residents.
c) In addition to any other provisions of these regulations, a tenant of any mobile home park accommodation may petition the board for a downward adjustment in the tenant's individual rent and the board may make such a downward adjustment if the tenant establishes, by affidavit, that the owner of said park has not rectified the said situation in a reasonable period of time, that the mobile home park accommodations because of violations of state or municipal laws, codes, regulations, ordinances or bylaws are diminished in value to such a tenant. The board based on this affidavit, may or may not dismiss the petitions presented to it.
SECTION THREE--RENT ADJUSTMENT PROCEEDING
1. All proceedings to consider the upward or downward adjustment of rent shall be governed by the standard Adjudicatory Rules of Practice or Procedure--Formal Rules.
2. Any group of ten or more tenants, or any owner of any mobile home park may file with the board a notice of claim for an adjudicatory hearing requesting either an upward or downward adjustment of rent. Said notice of claim shall simultaneously be served in hand, or by mail, postage prepaid and properly addressed, upon the owner, tenant(s) or tenants' association as the case may be and upon any other affected person, including any person affected by the proposed adjustment in rent.
All papers filed with the board shall be accompanied by a statement signed under the pains and penalties of perjury, that service of copies have been made, and specifying the mode of service, date of service, the person(s) served and the address of the person(s). The board may refuse to accept for filing any papers not accompanied by such certificate of service.
3. A respondent opposing any notice of claim shall file an answer to it within 21 days after the filing of the notice of claim.
4. The notice of claim shall state clearly and concisely the facts which are the grounds for the proceeding, the relief sought and shall include a statement of the present rent, and the proposed rent.
1. Any notice of claim for any upward adjustment of rent shall be accompanied by the following documents:
(a) Financial statements for the three years preceding the filing of the notice of claim; such statements should clearly set forth income, sources of income, a detailed breakdown of operating expenses, a complete and current balance sheet.
(b) An interim financial statement for the current year, if the period from the end of the last financial statement required under part (a) to the date of filing the notice of claim is more than three months. The interim financial statement shall contain the same information as required under part (a).
(c) A statement of the number of employees, job titles and descriptions, and salaries for any employee whose employment relates in whole or in part to the affected mobile home park.
(d) Current capital improvements and dates of completion.
(e) Proposed capital improvements and proposed dates of completion.
(f) Proposed budget for the year in which the increase is to be effective.
(g) A statement of the rate of return sought and the assessed valuation of the property or appraised valuation of the property.
In any case where the owner seeking an upward adjustment in rent owns and operates more than one mobile home park all financial documentation submitted shall pertain solely to the operation of the mobile home park for which the upward adjustment is sought.
If any expenses are shared with other parks, the owner shall explain the rationale for his allocation.
Copies of all documents accompanying the notice of claim shall be served on the legal representative of tenants affected by the proposed adjustment.
2. Any notice of claim for a downward adjustment in rent shall specify clearly and concisely the grounds therefor. And, if based in whole or in part on the claimed violation of any law, regulation, ordinance or bylaw, shall so state with appropriate citation to the law, regulation, ordinance or bylaw.
3. The submission of any information or documents as set forth in this section does not preclude the board from ordering any party to produce at the hearing or before the hearing any other information or documentation relevant to the issues before the board.
4. The board shall make all reasonable efforts to conduct a hearing within 60 days after the date of filing of the notice of claim. If it appears that more time is necessary for the board or parties to prepare for the hearing, the board or its chairperson shall confer with the parties to establish in writing a time schedule for the parties to complete any necessary pre-hearing preparation.
SECTION FOUR--LIMITATION OF PETITIONS
Notwithstanding any other provision of this regulation, the board may, without holding a hearing, refuse to adjust the maximum rent and may dismiss any petition or notice of claim for adjustment if a decision has been made by the board with regard to the maximum rent for a mobile home park or an individual mobile home park accommodation within the 12 months preceding unless the petition on the basis of new evidence demonstrates a substantial change in circumstances warranting the proceeding. The board may also dismiss any petition or notice of claim if the board finds that it was filed for purposes of harassment or for purposes or relief beyond the jurisdiction of the board.
SECTION FIVE--RULE MAKING
Any person whose rights, interest or property are, or may be affected, by rules and regulations of the board may file a petition for rule making or to have the board consider the adoption and promulgation of any rule or regulation consistent with St. 1981, Ch. 557. The board on its own may conduct hearings for the purpose of considering, adopting and promulgating any rule or regulation consistent with its jurisdiction and St. 1981, Ch. 557.
All such proceedings shall be governed by General Laws chapter 30A.