Current through Register 1531, September 27, 2024
(1)
Choice of
Seller. An operator shall not restrict a resident in his or her choice
of a seller of fuel, furnishings, goods, services or accessories connected with
the rental or occupancy of a manufactured home site:
(a) so long as such seller is in compliance
with:
1. applicable law and;
2. applicable rules, if any, of the
manufactured housing community approved by the Attorney General and the
Secretary or otherwise in effect pursuant to M.G.L. c. 140, § 32L(5),
including any such rules and regulations imposing reasonable insurance
requirements, as defined under
940 CMR 10.01;
and
(b) unless such
seller has repeatedly failed to meet prevailing industry standards, as
evidenced by complaints to the Attorney General's office, the Better Business
Bureau or regulatory agencies having jurisdiction over the provision of such
goods or services. Where goods or services are offered by an operator to
residents, the operator also shall inform residents in writing of their right
to obtain such goods and services from other providers.
(2)
Central Fuel Systems. If
fuel is supplied to manufactured home sites in a manufactured housing community
through a central fuel and gas meter system, a licensee may impose reasonable
conditions related to such system, including conditions limiting a resident's
ability to choose a fuel dealer. The operator shall provide such services at no
charge to the resident, pursuant to
105 CMR
410.354 and
410.355.
(3)
Kickbacks. No operator shall
charge, demand or receive, directly or indirectly, any fee or amount, or any
free good or service, from any provider of goods or services to
residents.
(4)
Basic
Utilities.
(a) An operator shall make
available, or cause to be made available, the following to each manufactured
home site:
1. Electrical service supplying
each manufactured home with sufficient amperage to meet the reasonable needs of
the residents. Should the amperage be determined to be inadequate for such
needs, it shall be corrected, without charge to the residents, so that it meets
the amperage requirements of 527 CMR 12.00, the Massachusetts Electrical Code;
and
2. Natural gas connection to
any provider of natural gas at the location of the manufactured housing
community, provided such connection is economically reasonable.
(b) An operator shall supply and
pay for the following to each manufactured home site:
1. a supply of potable water sufficient in
quantity and pressure to meet the ordinary needs of the residents, connected
with a public water supply system, or with any other source that the board of
health has determined does not endanger the health of any potential user;
and
2. a sanitary sewage disposal
system connected to the public sewerage system, provided, that if, because of
distance or ground conditions, connection to a public sewerage system is not
practicable, the operator shall provide, and shall maintain in a sanitary
condition, a means of sewage disposal that complies with 310 CMR 15.00;
and
3. electricity, natural gas, or
other heating fuel, except for that which is metered through a meter which
serves only the individual manufactured home and the occupancy agreement
provides for payment by the occupant,
(c) A licensee may recover expenses incurred
under 940 CMR 10.05(4)(b)1., 2. and 3. through non-discriminatory rent
increases, except as otherwise limited by 940 CMR 10.00.
(d) The basic utilities described in 940 CMR
10.05(4)(a) and (b), as applicable, shall be installed to the point of
connection at each manufactured home and maintained in good repair and
operating condition by the operator without charge to residents, except as
damage thereto is caused by the negligent act or omission or willful misconduct
of a resident. All such installation and maintenance shall be in accordance
with applicable laws, codes, and professional standards.
(e) Residents shall not be required to pay
charges for hook-up and use of basic utilities described in 940 CMR 10.05(4)(a)
and (b), pursuant to
105 CMR
410.354 and
410.355, except
that use charges may be imposed and determined by metering at a manufactured
home site by a utility or utilities.(f) An operator shall not willfully or
intentionally interrupt any utility service furnished under 940 CMR 10.05(4)(a)
or (b), and shall be liable for any such interruption pursuant to M.G.L. c.
186, § 14.
(5)
Access to Cable Television Service. An operator shall not restrict
a resident's access to cable television connection to the licensed municipal
provider(s) of cable television in the surrounding community in violation of
M.G.L. c. 166A, § 22. An operator shall not unreasonably restrict a
tenant's access to satellite transmission services.
(6)
No Required Utilities or
Services. An operator shall not require a resident to use a basic
utility such as natural gas, or other services such as cable television,
notwithstanding the fact that the operator is required to make such items
available or accessible.
(7)
Maintenance of Common Areas and Facilities. An operator shall
maintain all common areas clean and in good repair, free from debris, rubbish
and garbage and in compliance with applicable health and safety laws. All
common areas and facilities shall be generally available for use by any
resident, and any scheduled daily periods during which such facilities and
common areas are to be closed shall be conspicuously posted.
(8)
Collection of Garbage and
Rubbish.
(a) An operator shall be
responsible for the final collection or ultimate disposal or incineration of
residents' garbage and rubbish by means of:
1.
the regular municipal collection system; or
2. any other collection system approved by
the board of health.
(b)
A licensee may require tenants, without charge, to comply with recycling rules
imposed by the municipality on the collection company. Any costs borne by the
operator in complying with local recycling laws may be recovered through
non-discriminatory rent increases implemented in conformity with 940 CMR
10.00.
(9)
Maintenance of Roadways. An operator shall maintain and keep in
good repair all community roadways that are part of the common areas and
facilities, including but not limited to ensuring that roadways are reasonably
free of debris and potholes. An operator shall provide necessary snow plowing
for all community roadways. Roadways shall be sufficient to provide access for
residential use and emergency vehicles, and shall be open to residents, guests,
service providers, school buses (except where narrow roadways will not
accommodate such access, in which case a central bus stop shall be provided),
vans servicing the elderly or the handicapped, and others generally entitled to
use public ways.
(10)
Maintenance of Manufactured Home Sites and Common Areas Free From
Hazards. An operator shall provide for the removal or repair of all
naturally occurring hazardous conditions on a manufactured home site or common
areas that are determined by an appropriate governmental authority to pose a
risk to the safety of others or their homes, including but not limited to the
removal of hazardous trees or tree limbs.
