Raynham, Mass., Code of Bylaws ch 230 § 230-12

A. 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 Board of Selectmen subject to the provisions contained in the Acts and this bylaw. B. The Board of Selectmen shall consider an application for a discontinuance permit upon receipt of such application from the licensee or other authorized person. The Board of Selectmen shall forward such application within 14 days to the Rent Board. C. The Rent Board shall schedule a public hearing within 65 days of its receipt of the application and take written and oral testimony at such nearing. Notice of the time and place of such public hearing and of the subject matter thereof, sufficient for identification shall be published in a newspaper of general circulation in the Town of Raynham 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 shall be posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing. The Rent Board shall also notify all tenants living in the affected mobile home park sites 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. D. No vote shall be taken by the Board of Selectmen to grant or deny a discontinuance permit until a report with recommendations by the Rent Board has been submitted to the Board of Selectmen or 21 days shall have elapsed after such hearing without the 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 Board of Selectmen may vote to grant or deny the discontinuance permit. If the Board of Selectmen fails to vote on the 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 provided for above. E. No discontinuance permit may be granted except by a majority vote of the Board of Selectmen. F. 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 within the preceding 12 months, and if the park licensee fails in the new application to allege a substantial change of circumstances (as such term is used herein) since the previous hearing which would merit the hearing of new evidence by the Rent Board. In addition, the Rent Board may recommend denial of the discontinuance permit without holding a hearing if the application is not in conformance with requirements of this section or other applicable regulations. G. In determining whether to recommend that the Board of Selectmen grant or deny a discontinuance permit, the Rent Board shall consider the aggravation of the shortage of safe, decent and affordable mobile home park sites in the Town of Raynham which may result from the discontinuance, especially for tenants of low and moderate income and handicapped or elderly persons on fixed incomes. (1) In making such determination, the Rent Board shall make findings of the following factors: (a) The benefits and detriments to the persons whom the Acts and this bylaw seek to protect; (b) The hardships imposed on the tenant residing in the mobile home park sites proposed to be discontinued; (c) Circumstances demonstrating hardship and inequity to the licensee seeking a discontinuance permit; (d) The rate of vacancy of mobile home park sites in the Town of Raynham at the time the licensee applies for a discontinuance permit and the average rental rates for the available sites; (e) The availability of land zoned and otherwise suitable for the development or expansion of mobile home parks; (f) Whether the mobile home park owner or licensee has acted in good faith in proposing the discontinuance of its/his/her mobile home park; (g) The availability of alternative ownership forms for the mobile home park (whether resident owned or sale to third party) requested to be discontinued, and in light of same, determining circumstances demonstrating hardship and inequity to the licensee seeking a discontinuance permit. (2) The Rent Board, in its discretion, may also review other relevant factors in making its report and recommendations. (3) For purposes of the Acts and this bylaw, the "vacancy rate" shall be defined as that percentage of the mobile home park sites which are empty of mobile homes and are completely permitted and are offered for rental to mobile home tenants. Further, to be considered a vacancy, the rental offer of the mobile home park sites must be without 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. In its report, the Rent Board shall determine the current vacancy rate for comparable mobile home park sites in the Town of Raynham. Any parties involved may submit evidence to the Board at the public hearing. H. The licensee or applicant seeking a discontinuance permit must make application to the Board of Selectmen for such permit within 30 days of serving the tenants with the notices required under the provisions of Subsection (8) of MGL c. 140, § 32L, or any successor statutory authority, or within 30 days of the effective date of this bylaw if said notice has already been served and is prior to the effective date of discontinuance. I. No eviction certificate shall be issued by the Rent Board because of the discontinuance of the use for all or part of a mobile home park unless a discontinuance permit has been issued by the Board of Selectmen. J. This bylaw shall not apply to mobile home parks which have sent out notices of a change of use or discontinuance under the provisions of Subsection (8) of MGL c. 140, § 32L, prior to February 5, 1993; provided, however, that this bylaw shall apply to any mobile home parks which send out new or amended notices of change of use or discontinuance pursuant to the provisions of said Subsection (8) of MGL c. 140, § 32L, subsequent to February 5, 1993.