940 CMR 10.02 - Unfair or Deceptive Practices: General
It shall be an unfair or deceptive act or practice, in violation of M.G.L. c. 93A, § 2, for an operator:
(1) to impose, through any rule or occupancy
agreement, any unreasonable, unfair, or unconscionable restriction governing
the rental or occupancy of a manufactured home site;
(2) to impose any rule, or term or condition
of occupancy, or to otherwise take action, that conflicts with any applicable
provision of
940 CMR 10.00, M.G.L. c. 140,
§§ 32A through 32S, or other applicable law. Any such rule, term, or
condition shall be void and unenforceable;
(3) to fail to comply with any applicable
provision of M.G.L. c. 140, §§ 32A through 32S,
940 CMR 10.00, or any other
local, state or federal statute, rule or regulation which generally or
specifically provides protection to or for residents or prospective residents
of manufactured housing communities;
(4) to enforce any rule that has not been
approved by the Attorney General and the Secretary, unless the rule is
conditionally in effect pursuant to M.G.L. c. 140, s. 32L(5) and
940 CMR
10.04(3);
(5) to fail or refuse to inform a tenant or
prospective tenant in writing of the fact that the community has rules or
regulations, and to fail or refuse to furnish a copy of all such rules, printed
in clear and conspicuous type, to the tenant or prospective tenant;
(6) to fail or refuse to inform a tenant in
writing that the Attorney General has promulgated regulations relating to the
conduct of manufactured housing communities, and to fail to make available for
resident inspection a copy of
940 CMR 10.00, either at the
office of the manager on the site, or where the rules and regulations are
otherwise posted pursuant to M.G.L. c. 140, § 32D;
(7) to impose, where the community is under
the jurisdiction of a duly promulgated rent control statute, ordinance, by-law,
or regulation, any rent increase or additional fee, or to attempt to evict any
tenant, except as permitted pursuant to such rent control law;
(8) to increase a tenant's rent or other fee,
or change the terms or conditions of a tenancy, notwithstanding any provision
in
940 CMR 10.00 that would
permit the imposition of a fee or restriction in the absence of a controlling
occupancy agreement, except as permitted:
(a)
under the occupancy agreement,
(b)
under M.G.L. c. 186, § 12 with respect to a tenancy at will, or
(c) in accordance with any applicable rent
control law;
(9) to sell
a home, or to approve a prospective resident's application for residency in
conjunction with the sale of a home within the community, without disclosing
that the operator intends to issue, or has actually issued, a notice of
discontinuance to residents; or
(10) to fail to make the disclosures required
under
940 CMR 10.03(4)
when offering a new tenancy to any
prospective or existing tenant.
Notes
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