Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 10.00 - Manufactured Housing Community Regulations
Section 10.10 - Discontinuance of a Manufactured Housing Community

(a) a discontinuance notice is issued within six months after a group of tenants, either collectively or in the aggregate, has reported a violation of M.G.L. c. 140, §§ 32L or 32M or any applicable building or health code to the board of health of a city or town in which the community is located, the Department of Public Health, the Department of the Attorney General or any other appropriate government agency;

(b) a discontinuance notice is issued within six months after the tenants of a manufactured housing community seek to obtain, or do actually obtain, rent control in their manufactured housing community;

(c) a discontinuance notice is issued within six months after a manufactured housing community owner has failed to obtain a rent increase that he or she sought from a local rent control board;

(d) credible evidence is produced that the manufactured housing community owner's stated reasons in the discontinuance notice for discontinuing the community are demonstrably false;

(e) a notice of discontinuance is issued prior to issuance of any permit or approval required under local law;

(f) the discontinuance notice contains no planned alternative use for the land upon which the manufactured housing community sits or where the current zoning of the land does not allow for any stated planned alternative use; or

(g) a manufactured housing community owner fails to subsequently conduct and distribute the results of the annual survey required by M.G.L. c. 140, § 32L(7)(A).

(a) Notices of hearings and other appearances before governmental bodies shall be given to all tenants as set forth in M.G.L. c. 140, § 32L(8) and to all prospective tenants as set forth in M.G.L. c. 140, § 32L(9).

(b) An operator shall give notice of the change of use or discontinuance to any prospective tenant before he or she initially occupies, or enters into an occupancy agreement for, the manufactured home site.

(a) A resident is not entitled to a relocation payment or the purchase of a manufactured home by the operator under M.G.L. c. 140, § 32L(7)(A) if, after receiving actual notice of the issuance of a licensee's notice of change of use or discontinuance, the resident purchased a manufactured home already situated in the manufactured housing community or moved a manufactured home into the manufactured housing community.

(b) A resident shall deliver to the manufactured housing community owner good title to the manufactured home, free and clear of all liens and encumbrances, at the time of payment of the purchase price therefore under M.G.L. c. 140, § 32L(7)(A).

(c) Completion of relocation under M.G.L. c. 140, § 32L(7)(A) shall be deemed to occur upon actual physical relocation of the manufactured home, and adjustments on account thereof shall be paid within 14 days after receipt by the operator from the former resident of reasonable evidence of the relocation costs incurred.