1. (1) ~-

   1. (a) An operator shall not limit a manufactured homeowners right to sell or encumber a manufactured home, or require a manufactured homeowner to remove a home from the manufactured community because of the sale of the home.
   2. (b) . An operator shall not condition its approval of residency of a purchaser on payment by the selling homeowner of monies lawfully withheld under M.G.L. c. 239, § 8A. An operator shall not charge or collect from a succeeding manufactured homeowner or resident any rent, taxes or other charges relating to a prior owner's ownership of the home or occupancy of the manufactured home site. ( c) An operator shall not make any false, deceptive, or misleading representation to discourage a potential buyer from purchasing a home from a homeowner in the community. Where the operator discloses that a notice of discontinuance has been issued to community residents, the operator must also disclose the existence of and nature of any legal challenge to the issuance of the notice, and any related judicial rulings that have attacked the validity of the notice.
   3. (d) A licensee may have a lien upon a manufactured home as provided in M.G.L. c. 140, § 32J, upon a manufactured home and the contents thereof, as provided in M.G.L. c. 255, § 25A, or if otherwise authorized by a court of law, but it shall be an unfair or deceptive practice to fail to disclose to a prospective purchaser of a manufactured home the existence of a Hen placed by or on behalf of an operator on such home. ( e) A licensee may require a homeowner to provide notice of an intended sale at least 3 0 days prior to its execution.

8/23/96 940 Cl\1R- 84.9

940 C:MR: OFFICE OF THE ATTORNEY GENERAL

1. (2) Residency Application by Purcbaser. Upon the sale or proposed sale of a manufactured home by the homeowner, the operator shall consent to entrance by the purchaser and members of the purchaser's household if the purchaser meets the currently enforceable rules of the manufactured housing community and provides reasonable evidence of financial ability to pay the rent and other charges associated with the tenancy in question. An operator shall not reject the application or prohibit the sale because the applicant owns another home in the community or leases another site in the community. Any application for residency shall be deemed approved if the operator fails, within ten days of receipt of the application, to notify the applicant of its rejection of the application and the reasons for the rejection. If such application is not timely rejected, then the purchaser shall have the right to assume the obligations thereafter arising under any continuing occupancy agreement of a current resident then in effect or, if such occupancy agreement has expired, to enter into a new occupancy agreement on terms satisfactory to the operator and purchaser and not inconsistent with 940 CMR. 10.00.

2. (3) .a.mm. No operator or manufactured home dealer shall:

   1. (a) require a resident to designate the operator, the manufactured home dealer, or any designee thereof, as broker or agent for any sale, sublease or lease assignment; or
   2. (b) restrict the manufactured homeowner in undertaking such a transaction directly or through a broker or agent of the homeowners choosing.
3. (4) Fees or Commissions. No operator, manufactured home dealer, or agent shall impose any fee (which is to be passed, directly or indirectly, to the operator) as a condition to the sale, lease or other transaction involving a manufactured home unless such person has entered into a separate written contract for, and rendered, brokerage services in connection with such transaction and the fee or change is reasonable in relation to the services provided. No commission or fee paid to an operator for the sale of a manufactured home shall exceed ten percent of the sale price.
4. (5) "For Sale" Signs. An operator shall not prohibit a homeowner from placing on their manufactured home or manufactured home site commercially reasonable "for sale" or "for lease" signs. An operator may not require that any such signs display the community logo or contain information directing an interested buyer to the community sales or management office, except pursuant to any exclusive brokerage contract the homeowner enters into with the operator for the sale of the home.

5. (6) Condition of Horne on Sale. An operator shall not reject the application for residency of a prospective purchaser of a tenant's home:

   1. (a) because of the age of the home; and
   2. (b) because the home, ifbuilt before June 15, 1976, does not comply with federal standards for construction of manufactured housing that became effective on that date and are administered by the U.S. Department ofHousing and Urban Development; or
   3. (c) because the external condition of the home or site does not comply with community rules, unless before the home was offered for sale the operator specified in writing the area( s) of noncompliance with community rules and gave the homeowner a reasonable opportunity to bring the home into compliance and the homeowner failed to do so.

6. (7) Operator's Right of First Refusal. A right of first refusal granted to an operator or manufactured home dealer or designee thereof shall be enforceable only if :

   1. (a) it is based on the full amount of the bona fide third-party offer;
   2. (b) the operator must accept or reject the offer within 15 days; ( c) the sale will take place on the terms set forth in the third-party offer; ( d) if the operator fails to timely accept the offer and the third-party offer is not consummated, the selling homeowner shall not be required to submit a subsequent third party offer made within one year and unless a price is materially reduced; and
   3. (e) the right of first refusal shall not apply to any transfer to members of the homeowners family, including, but not limited to, step-relatives and domestic partners.

8/23/96 940 CMR. - 84.10

l 0 08 · Tennjnatjon of Tenancy and Eviction

1. (1) ilin.ml.

   1. (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. l. a. because of the age of home;
      2. 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 ofHousing and Urban Development; or
      3. 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
      4. 2. in retaliation for the matters set forth in 940 CMR 10.08( 4).

   2. (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.

      1. 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. (2) Substantial violation ofRules.

   1. (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 C:MR 10.00, or is not otherwise enforceable under M.G.L. c. 140, § 32L(5).
   2. (b) No violation of a rule shall be deemed "substantial" for purposes ofM.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.
   3. (c) Nothing herein shall be deemed to restrict a licensee's right to seek injunctive relieffrom a court of competent jurisdiction with respect to any violation of enforceable rules, whether or not "substantial."

3. (3) Violation ofLaw or Ordinance Protecting Health or Safety.

   1. (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.

      940 C:MR: OFFICE OF THE ATTORNEY GENERAL

   2. (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 offem;e has pennanently vacated and does not subsequently reoccupy the manufactured home site.

( 4) Retaliation.

1. (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).
2. (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 aright 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.
3. (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.

1. (5) 120-Day Post-Eviction Period.

   1. (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.
   2. (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.
   3. (c) The purchase ofa 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.