Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 32L of chapter 140 of the General Laws is hereby amended by striking out subsection 5, as appearing in section 2 of chapter 1007 of the acts of 1973, and inserting in place thereof the following subsection:-

5. If any mobile home park licensee promulgates, adds, deletes or amends any rule governing the rental or occupancy of a mobile home lot in a mobile home park, a new copy of all such rules shall be sent by certified mail, receipt requested, for review to the attorney general and the secretary of communities and development at least forty-five days prior to the effective date of such promulgation, addition, deletion or amendment. A copy of such rules shall be furnished to each mobile home park resident in such park along with a copy of the certified mail receipts signed by a representative of the attorney general and a representative of the secretary of communities and development. Such copies shall be furnished by the mobile home park licensee to said residents at least thirty days prior to the effective date of such promulgation, addition, deletion or amendment. Nothing in this section shall be deemed to be an approval of such rules by the attorney general or said secretary.

SECTION 2. Said chapter 140 is hereby further amended by striking out section 32P, as so appearing, and inserting in place thereof the following section:-

Section 32P. All terms and conditions of occupancy must be fully disclosed in writing by the mobile home park owner to any prospective mobile home park resident at a reasonable time prior to the rental or occupancy of a mobile home lot. Said disclosure shall include, but shall not be limited to, the amount of rent, an itemized list of any charges or fees, the names and addresses of all the owners of the mobile home park, and the rules and regulations governing the use of the mobile home lot and park. Said writing shall be signed by the mobile home park owner and contain the following notice printed verbatim in a clear and conspicuous manner: `tuc IMPORTANT NOTICE REQUIRED BY LAW

The rules set forth below govern the terms of your lease of occupancy arrangement with this mobile home park. If these rules are changed in any way, the addition, deletion or amendment must be delivered to you, along with a copy of the certified mail receipts indicating that such change has been submitted to and received by the Attorney General and the Secretary of Communities and Development. This notification must be furnished to you at least thirty days before the change goes into effect. The law requires all of these rules and regulations to be fair and reasonable, or else said rules and regulations cannot be enforced against you.

You may continue to stay in the park as long as you pay your rent and abide by the rules and regulations of the park. You may only be evicted for nonpayment of rent, violation of laws, or for substantial violation of the rules and regulations of the park. If the park will undergo a change of use, you must receive notification of the change at least two years prior to its occurrence. In addition, no eviction proceedings may be commenced against you until you have received notice by certified mail of the reason for the eviction proceeding and you have been given fifteen days from the date of the notice in which to pay the overdue rent or to cease and desist from any substantial violation of the rules and regulations of the park; provided, however, that only one notice of a substantial violation of the rules and regulations of the park is required to be sent to you during any six month period. If a second or additional violation occurs, except for nonpayment of rent, within six months from the date of the first notice then eviction proceedings may be commenced against you immediately.

If this park requires you to deal exclusively with a certain fuel dealer or other merchant for goods or services in connection with the use or occupancy of your mobile home lot, the price you pay for such goods or services may not be more than the prevailing price in this locality for similar goods and services.

You may not be evicted for reporting any violations of law or health and building codes to boards of health, the attorney general, or any other appropriate government agency. Receipt of notice of termination of tenancy by you, except for nonpayment of rent, within six months after your making such a report shall create a rebuttable presumption that such notice is a reprisal and may be pleaded by you in defense to any eviction proceeding brought within one year.

This law is enforceable by the consumer protection division of the attorney general's office.