FARMINGTON, Maine — The Farmington Select Board on Tuesday approved a warrant for a Nov. 19 special town meeting. Voters there will consider changes to the mobile home lot rent ordinance they passed on Election Day.

The town manager said the ordinance passed by a wide margin. By law, voters approved the exact text that circulated with the citizen petition. The town now needs administrative amendments to align the ordinance with local policies and to clarify its scope and definitions, the town manager said, and the town attorney drafted the proposed changes.

What would change

The town manager told the board the biggest changes would:

• Remove a clause making the ordinance retroactive to July 14. A few towns have done that, the town manager said, but it isn't standard and would be very hard for Farmington to enforce with the resources it has.
• Change the cap on rent increases. The ordinance limits yearly increases to inflation plus 1%, capped at 3%. "In this economy, you're probably never gonna even get a CPI without going over 3%," the town manager said, calling the limit overly burdensome for park owners.
• Require that all members of the new hearing board be Farmington residents, rather than a majority, in line with a town policy that doesn't allow nonresidents to serve on its boards.
• Reduce the paperwork landlords must file to justify an increase. Owners would still have to show their finances and an immediate need, but would not have to submit amortization schedules.

Hearings under the ordinance couldn't start until Jan. 1, to give the town time to set up an independent board, the town manager said. Until then, rents would follow the ordinance's formula. Park owners and tenants should not sit on that board, the town manager said.

The town manager said there was "a lot of angst" over the cap. The town wants park owners to have enough money to keep parks in good shape, the town manager said, and there is concern that some might sell their land, which "may actually work to eliminate housing."

Asked by a board member whether the town would be sued over the changes, the town manager said, "I would anticipate that we were going to get sued either way," adding that the Mobile Home Association is likely to sue now that the ordinance has passed.

Supporter asks for more time

A resident who spoke for the ordinance said residents had worked to get it before voters several times, and that a supermajority of voters passed it. The changes are significant, the resident said, and residents had no input on them.

"It's not just about whether or not the ordinance is legal, it's about what feels okay to the town to enforce," the resident said.

The resident asked the board to hold an emergency working group meeting with residents before calling a town meeting. The board instead moved the warrant forward. Members said residents can raise their concerns at the town meeting, which will decide whether the ordinance is amended. If the amendments fail, the ordinance stays in effect as written.

The special town meeting is set for Nov. 19 at the community center.