Preemption Notice

This local rule is preempted in part by Mass. Gen. Laws c. 40P (Mass. Gen. Laws c. 40P) for certain properties in this jurisdiction.

Peabody, Mass., Code of Ordinances ch. 18, art. II (2026) § 18-58

Discontinuance permits

In Force
Verified 11/11/2026 · Next check 2/9/2027
PeabodyRent Control

Operative Text

Peabody, Mass., Code of Ordinances ch. 18, art. II (2026) § 18-58
(a) Scope. The provisions of this section regarding the discontinuance of the use of part or all of the land owned and licensed as a mobile home park shall apply to all mobile home parks and mobile home park accommodations as defined in Section 18-16 .
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Discontinuance includes any change of use or discontinuance of the use of part or all of the land owned and licensed as a mobile home park requiring a two-year notice pursuant to M.G.L.A. c. 140, § 32L(8). The term "discontinuance" includes, but is not limited to, the licensee's conversion of the mobile home park, or part thereof, to a condominium or cooperative corporation.
(c) Discontinuance prohibited. It shall be unlawful for any person to discontinue the use of part or all of the land owned and licensed as a mobile home park without having first obtained a discontinuance permit from the City Council subject to the provisions contained in this section.
(d) Discontinuance permit procedure.
(1) The City Council shall consider an application for a discontinuance permit for a mobile home accommodation upon receipt of an application filed by the licensee or other authorized person. The City Council shall forward said application within 14 days to the Rent Board.
(2) The Rent Board shall schedule a public hearing within 65 days of receipt of the application. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the City once in each of two successive weeks, the first publication to be not less than 14 days before the date of the public hearing and by posting such notice in a conspicuous place in City Hall for a period of not less than 14 days before the day of said hearing. The Rent Board shall also notify all tenants living in the affected mobile home accommodations of the time, place, and subject matter of the public hearing. No defect in the form of any notice under this section shall invalidate any grant or denial of a discontinuance permit unless such defect is found to be misleading.
(3) No vote by the City Council to grant or deny a discontinuance permit shall be taken until a report with recommendations by the Rent Board has been submitted to the City Council or 21 days after said hearing have elapsed without submission of such report. After such notice, hearing and report, or after 21 days shall have elapsed after such hearing without submission of such report, the City Council may vote to grant or deny the discontinuance permit. If the City Council fails to vote on the proposed discontinuance permit within 90 days after such hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as above provided.
(4) No discontinuance permit may be granted except by a majority vote of the City Council.
(5) Notwithstanding any other provision of this section, the Rent Board may, without holding a hearing, recommend the denial of a discontinuance permit if a decision has been made with regard to the discontinuance of a mobile home park accommodation within the preceding 12 months, and if the park licensee fails, in the new application, to allege a substantial change of circumstances since the previous hearing which would merit the Rent Board in hearing new evidence. In addition, the Rent Board may recommend denial of the discontinuance permit without holding a hearing if the application is not in conformance with the requirements of this section or other applicable regulations.
(e) Discontinuance permit criteria. In determining whether to recommend that the City Council grant or deny a discontinuance permit, the Rent Board shall consider the aggravation of the shortage of safe, decent and affordable mobile home park accommodations in the City, which may result from the discontinuance, especially for tenants of low and moderate income and disabled or elderly persons on fixed incomes. In making such determination, the Rent Board shall make findings of the following factors:
(1) The benefits and detriments to the persons whom this section seeks to protect;
(2) The hardships imposed on the tenant residing in the mobile home accommodations proposed to be discontinued;
(3) Circumstances demonstrating hardship and inequity to the licensee seeking a discontinuance permit;
(4) The rate of vacancy of mobile home accommodations in the City at the time the licensee applies for a discontinuance permit and the average rental rates for said available accommodations;
(5) The availability of land zoned and otherwise suitable for development or expansion of mobile home parks.
a. The Rent Board, in its discretion, may also review other relevant factors in making its report and recommendations.
b. For purposes of this section, the term "vacancy rate" means that percentage of the mobile home park accommodations which are empty of mobile homes and are offered for rental to mobile home tenants. Further to be considered a vacancy, the rental offer of the mobile home park accommodation must be without an entrance fee; without restrictions as to the age, size or character of the mobile home; and without a requirement that the prospective tenant purchase a mobile home from the park owner.
c. In its report, the Rent Board shall determine the current vacancy rate for comparable mobile home park accommodations in the City. Any parties involved may submit evidence or have the opportunity to contest data regarding the vacancy presented to the Rent Board at the public hearing.
d. If the current vacancy rate for mobile home park accommodations (or sites zoned for mobile home use and available for purchase) within said area is insufficient to accommodate all of the potentially displaced mobile home units, such determination by the Rent Board shall create a rebuttable presumption that the granting of a discontinuance permit will be a disadvantage to the persons sought to be protected under this section and will result in the aggravation of the shortage of mobile home park accommodations and, in such case, the Board shall recommend denial of the discontinuance permit unless such presumption has been rebutted by substantial evidence to the contrary.
(f) Additional provisions.
(1) The licensee/applicant seeking a discontinuance permit must make application to the City Council for said permit within 30 days of serving the tenants with the notices required under M.G.L.A. c. 40, § 32L(8).
(2) Notwithstanding the above, no eviction certificate shall be issued by the Rent Board pursuant to Section 18-71 unless a discontinuance permit has been issued by the City Council.
Source: Legislative text reproduced verbatim
Plain English

Under Peabody Code of Ordinances ch. 18, art. II § 18-58, a mobile home park owner cannot change or end the use of a licensed mobile home park—whether through conversion to condominiums, cooperatives, or any other means—without first obtaining a discontinuance permit from the City Council. The process requires a public hearing coordinated by the Rent Board, which evaluates factors such as housing availability, tenant hardship, and vacancy rates before submitting recommendations. A majority vote of the City Council is required to grant the permit, and no eviction certificate may be issued unless such a permit has already been obtained.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Operators of mobile home parks in Peabody subject to ch. 18, art. II § 18-58 generally file a discontinuance permit application with the City Council within 30 days of serving the state-required notices to tenants. Compliant operators provide all documentation needed for the Rent Board's public hearing process and are prepared to address findings on vacancy rates, tenant hardship, and housing availability. A majority City Council vote must be secured before any discontinuance proceeds, and no eviction certificates can be issued beforehand.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 18-58 of the Peabody Code establishes a formal public process before any mobile home park can be closed or converted, giving tenants the right to receive notice of and participate in the Rent Board's public hearing. Tenants may submit evidence or contest vacancy data presented at the hearing, and a low local vacancy rate creates a presumption against granting the permit. Tenants who believe this process has not been followed may contact the Rent Board directly or reach out to a local tenant-rights organization for guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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