Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 10.00 - Manufactured Housing Community Regulations
Section 10.08 - Termination of Tenancy and Eviction
Universal Citation: 940 MA Code of Regs 940.10
Current through Register 1531, September 27, 2024
(1) General.
(a) A licensee may
terminate an occupancy agreement or tenancy of any kind only for a reason
specified as a basis for termination in M.G.L. c. 140, § 32J. An operator
shall not terminate an occupancy agreement or tenancy for any other reason,
including without limitation:
1.
a. because of the age of home
b. because the home, if built before June 15,
1976, does not comply with federal standards of construction of manufactured
housing that became effective on that date and are administered by the U.S.
Department of Housing and Urban Development; or
c. because the external condition of the home
or site does not comply with community rules, unless the operator has specified
in writing the area(s) of non-compliance and has given the homeowner a
reasonable opportunity to bring the home into compliance; and
2. in retaliation for the matters
set forth in 940 CMR 10.08(4).
(b) No action by an operator to terminate an
occupancy agreement or tenancy, or to recover possession of the manufactured
home site, for any of the reasons set forth in M.G.L. c. 140, § 32J, shall
be maintained unless the operator has provided the resident with a written
default notice and the opportunity to cure as set forth in M.G.L. c. 140,
§ 32J. The default notice required thereunder shall be effective only if
it sets forth the reason(s) relied upon for the termination with specific
facts, where applicable and available, alleging the date(s), place, witnesses,
and circumstances concerning the reason(s) for the default. Reference to 940
CMR 10.00 or to M.G.L. c. 140, § 32J alone is not sufficient for
compliance with 940 CMR 10.08(1)(b).
(c) Where an operator is required to obtain a
certificate of eviction or similar permit from a local rent control board prior
to evicting a resident, the operator shall not apply for such certificate or
permit except for a reason specified as a basis for termination under M.G.L. c.
140, § 32J. Any certificate of eviction obtained by an operator that is
issued on any other basis shall have no legal effect in any subsequent summary
process action.
(d) An operator
shall not refuse to renew an occupancy agreement or tenancy for the reason that
the operator wishes to make the manufactured home site available to a person
purchasing a manufactured home from the operator.
(e) After a termination of an occupancy
agreement or tenancy in compliance with M.G.L. c. 140, §§ 32A through
32S and 940 CMR 10.00, the licensee may seek to recover possession of the
manufactured home site by summary process under M.G.L. c. 239, and the resident
shall be entitled to assert all rights and defenses available under applicable
law.
(2) Substantial Violation of Rules.
(a) An operator shall not declare a default,
terminate an occupancy agreement or tenancy, or seek to recover possession of
the manufactured home site for an alleged violation of a community rule that
either has been disapproved by the Attorney General or the Secretary, is
inconsistent with M.G.L. c. 140, §§ 32A through 32S or 940 CMR 10.00,
or is not otherwise enforceable under M.G.L. c. 140, § 32L(5).
(b) No violation of a rule shall be deemed
"substantial" for purposes of M.G.L. c. 140, § 32J unless the violation by
the resident endangers the health or safety of the other residents of the
community, their guests, or the operator, unreasonably interferes with the use
and quiet enjoyment by other residents of their homes, home sites, or the
common areas or facilities, or damages or poses a substantial risk of damage to
the property or equipment of the operator.
(c) Nothing herein shall be deemed to
restrict a licensee's right to seek injunctive relief from a court of competent
jurisdiction with respect to any violation of enforceable rules, whether or not
"substantial."
(3) Violation of Law or Ordinance Protecting Health or Safety.
(a) An operator shall not declare a default,
terminate an occupancy agreement, or seek to recover possession of the
manufactured home site for an alleged violation of any noncriminal and/or
misdemeanor health and safety law or ordinance, unless the resident fails to
comply with such law or ordinance within a reasonable period after receiving
notice of such noncompliance from the governmental agency charged with
enforcing same.
(b) No termination
or eviction action shall be undertaken by an operator because of a violation by
a resident of a criminal statute protecting the health and safety of other
residents if the person convicted of the offense has permanently vacated and
does not subsequently reoccupy the manufactured home site.
(4) Retaliation.
(a) An operator shall not terminate a tenancy
or refuse to renew a tenancy because a resident has reported to any
governmental authority a violation or suspected violation by the operator of
any law, regulation, or ordinance, including without limitation any provision
of any building or health code, M.G.L. c. 140, §§ 32A through 32S or
940 CMR 10.00, or filed suit alleging such violation(s).
(b) An operator shall not terminate a tenancy
or refuse to renew a tenancy for the reason that the tenant is a member of a
tenants' association or sought to establish or amend any rent control statute
or ordinance.
(c) An operator shall
not terminate a tenancy or refuse to renew a tenancy for the reason that the
tenant is asserting a right under 940 CMR 10.00, M.G.L. c. 140, §§
32A through 32S or any other applicable landlord-tenant law.
(d) The receipt by a resident of any notice
of default or termination, except for nonpayment of rent, within six months
after the resident has taken any of the actions described in 940 CMR
10.08(4)(a) through (c), shall create a rebuttable presumption that such notice
is a reprisal against the resident for taking such action, and such presumption
may be pleaded in defense to any eviction proceeding against such resident
brought within one year after the resident took such action.
(e) Nothing herein shall limit a resident's
right to recover damages, costs and reasonable attorneys' fees for an
operator's reprisals or threatened reprisals as set forth in M.G.L. c. 140,
§ 32N.
(5) 120-Day Post-Eviction Period.
(a)
After eviction of a resident, and for so long as the homeowner has the right to
sell the manufactured home within the 120-day period provided under M.G.L. c.
140, § 32J, an operator shall not terminate or otherwise interfere with
utility hookups, or cause the manufactured home to be moved from its
site.
(b) During the 120-day
post-eviction period, an operator may not unreasonably restrict the homeowner
from placing "for sale" signs on the home or site in accordance with
940 CMR
10.07(5), or from showing
the home to prospective purchasers or their agents, including but not limited
to home inspectors.
(c) The
purchase of a manufactured home by an operator, or any affiliate of the
operator, from an evicted homeowner for a price substantially below the fair
market value of the home, as determined under M.G.L. c. 140, § 32L(7)(A),
shall create a rebuttable presumption that such transaction was unfair or
deceptive.
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