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 17 of chapter 6 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 70, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 2. Said chapter 6 is hereby further amended by striking out the caption preceding section 108 and inserting in place thereof the following caption:- `tuc Manufactured Homes Commission.

SECTION 3. Said section 108 of said chapter 6, as so appearing, is hereby amended by striking out the first two sentences and inserting in place thereof the following two sentences:- There shall be a manufactured homes commission, hereinafter called the commission, consisting of five members, not more than three of whom shall be members of the same political party to be appointed by the governor, of whom one shall reside in a manufactured home. Said commission shall carry on a continuous study of manufactured homes and the problems of manufactured home residents.

SECTION 4. Section 8 of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 5. Section 3 of chapter 25B of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 6. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out, in lines 77 and 79, each time it appears, the word "mobile" and inserting in place thereof, in each instance, the word:- manufactured.

SECTION 7. Section 2A of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the words "mobile home park" and inserting in place thereof the words:- manufactured housing community.

SECTION 8. Section 5 of said chapter 59, as so appearing, is hereby amended by striking out clause Thirty-sixth and inserting in place thereof the following clause:-

Thirty-sixth, Manufactured homes located in manufactured housing communities subject to the monthly license fee provided for under section thirty-two G of chapter one hundred and forty and mobile homes deemed, by section 514 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, not to be located or present in or have a situs in such city or town for the purposes of taxation in respect to personal property, and for the purposes of this clause, a manufactured or mobile home shall include, but not be limited to, normal repairs and domiciliary additions and that repairs and domiciliary additions shall include, but not be limited to, repair or replacement of existing masonry, addition or replacement of new ceiling, wall floor surfacing, air conditioning installation or any domiciliary attachment.

SECTION 9. Section 1 of chapter 79A of the General Laws, as so appearing, is hereby amended by striking out, in line 52, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 10. Section 2 of chapter 90D of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the word "Mobile" and inserting in place thereof the word:- Manufactured.

SECTION 11. Section 20B of said chapter 90D, as so appearing, is hereby amended by striking out, in line 6, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 12. Section 5A of chapter 93B of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the word "mobile", each time it appears, and inserting in place thereof, in each instance, the word:- manufactured.

SECTION 13. Section 27 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "mobile home park" and inserting in place thereof the words:- manufactured housing community.

SECTION 14. Section 32A of said chapter 140, as so appearing, is hereby amended by striking out, in line 3, the words "mobile home park" and inserting in place thereof the words:- manufactured housing community.

SECTION 15. Section 32B of said chapter 140, as so appearing, is hereby amended by striking out, in line 5, the words "mobile home parks" and inserting in place thereof the words:- manufactured housing communities.

SECTION 16. Said chapter 140 is hereby further amended by striking out section 32C, as so appearing, and inserting in place thereof the following section:-

Section 32C. Every board of health shall, from time to time, examine all camps, motels, manufactured housing communities and cabins licensed by it under authority of section thirty-two B, and if, upon such examination, such camp, motel, manufactured housing community or cabin is found to be in an unsanitary condition, said board of health may, after notice and a hearing, suspend or revoke such license.

SECTION 17. Said chapter 140 is hereby further amended by striking out section 32D, as so appearing, and inserting in place thereof the following section:-

Section 32D. Whoever conducts, controls, manages or operates any camp, motel, manufactured housing community or cabin licensed under section thirty-two B shall post, in a conspicuous place near the entrance to every such camp, motel, manufactured housing community or cabin, a copy of the rules and regulations adopted thereunder, as most recently altered or amended.

SECTION 18. Section 32E of said chapter 140, as so appearing, is hereby amended by striking out, in line 2, the words "mobile home park" and inserting in place thereof the words:- manufactured housing community.

SECTION 19. Said chapter 140 is hereby further amended by striking out sections 32F to 32R, inclusive, as so appearing, and inserting in place thereof the following thirteen sections:-

Section 32F. Any lot or tract of land upon which three or more manufactured homes occupied for dwelling purposes are located, including any buildings, structures, fixtures and equipment used in connection with manufactured homes shall be defined as a manufactured housing community. No lot or tract of land may be used for a manufactured housing community unless the owner or occupant thereof is the holder of a license granted under section thirty-two B. The board of health of a city or town shall, forthwith upon granting an original or renewal license under said section thirty-two B for a manufactured housing community, send a copy of such license to the city or town clerk.

A lot or tract of land provided by a state or county fair, agricultural and horticultural society, grange or 4-H club for the use of manufactured homes to accommodate personnel who are to participate in any fair or exhibition conducted by such organization, which fair or exhibition does not continue for a period of exceeding ten consecutive days, or a lot or tract of land provided by a college or university for the use of manufactured homes to accommodate students lacking dormitory facilities shall not be deemed a manufactured housing community.

Section 32G. In addition to the license fee provided for under section thirty-two B, each manufactured housing community owner or operator licensed under said section shall, except as hereinafter provided, pay an additional license fee of six dollars per month or a major fraction thereof, on account of each manufactured home, occupying space within such manufactured housing community; provided, however, that in a city by vote of the city council and in a town by vote of the board of selectmen, the amount of such additional license fee may be increased to an amount not exceeding twelve dollars per month. Such additional license fee shall, except as hereinafter provided, be collected by such manufactured housing community operator from the owner or occupant of each manufactured home occupying space in such manufactured housing community at the end of each month or any major fraction thereof, and shall be deposited with the collector of taxes in the city or town in which such manufactured housing community is located not later than the tenth day of the month next following. The manufactured housing community operator shall, not later than the fifth day of each month, file with the licensing authority a list containing the amounts collected together with the name and address of each owner or occupant of a manufactured home occupying space during the preceding month, and designating the manufactured homes and the owners or occupants thereof on account of which no additional license fee is to be collected or deposited under the provisions of the last paragraph of this section. The licensing authority shall forthwith commit the list to the collector of taxes in the city or town in which the manufactured housing community is located for collection. Such collector, shall in the collection of such accounts, have all the remedies provided by sections thirty-five, thirty-six and ninety-three of chapter sixty for the collection of taxes on personal property. The collector of taxes shall, once in each week or more often, pay over to the city or town treasurer all money received by him during the preceding week or lesser period on account of such license fees. Each manufactured home subject to the license fee provided for in this section shall be exempt from any property tax as provided in clause Thirty-sixth of section five of chapter fifty-nine.

The collector of taxes shall report to the licensing authority any failure to deposit with him any license fee so collected, and any failure by a manufactured housing community operator to collect any license fee provided for under this section or to deposit with the collector of taxes any license fee so collected shall be deemed cause for the revocation of any license granted under section thirty-two B. In addition, any willful failure to deposit with the collector of taxes a licensee fee which has been so collected shall be punished by a fine of not less than ten nor more than one hundred dollars for each fee so collected and not deposited.

No additional license fee imposed by this section shall be collected by the operator of a manufactured housing community, nor shall any such fee be required to be deposited with the collector of taxes in the city or town in which such community is located, on account of a manufactured home which is deemed, by section 514 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, not to be located or present in or to have a situs in such city or town for the purposes of taxation in respect to personal property.

Section 32H. An applicant for a license under section thirty-two B for a manufactured housing community which has not been equipped with the buildings, structures, fixtures and facilities necessary to conduct a manufactured housing community shall file with the board a plan showing the buildings, structures, fixtures and facilities and the proposed set-up which he plans to have upon said premises if and when the license may issue, together with an itemized estimate of the cost of the same and, thereupon, the board, with the approval of the state department of environmental quality engineering, shall grant a manufactured housing community license upon the condition that such license shall issue upon the completion of the premises according to the plans and estimate submitted, providing that the proposed manufactured housing community will be in compliance with all applicable laws, ordinances, rules and regulations. Such conditional license may be suspended or revoked in accordance with the provisions of said section thirty-two B.

Section 32I. Every holder of a license for a manufactured housing community shall keep or cause to be kept, in permanent form, a register in which shall be recorded the true name or name in ordinary use, address and registration of each owner and occupant of a manufactured home or motor vehicle renting space at such park, the date of entering and the date of leaving such manufactured home or motor vehicle. Such register shall be retained by the holder of the license for a period of at least one year after the date of the last entry, and shall be open to the inspection of the licensing authorities, their agents and the police. Whoever willfully and knowingly violates any provision of this section shall be punished by a fine of not less than five dollars nor more than one hundred dollars.

Section 32J. If the manufactured home owner or person holding under him holds possession of a manufactured home site in a manufactured housing community without right, after the determination of a tenancy or other estate at will or lease as provided in this section, the licensee entitled to the manufactured home site may recover possession thereof by summary process.

Any tenancy or other estate at will or lease in a manufactured housing community, however created, and including any existing contract for occupancy of a manufactured home site in a manufactured housing community, may be terminated by the licensee entitled to the manufactured home site or his agent only for one or more of the following reasons:

(1) nonpayment of rent;

(2) substantial violation of any enforceable rule of the manufactured housing community;

(3) violation of any laws or ordinances which protect the health or safety of other manufactured housing community residents;

(4) a discontinuance in good faith by the licensee, of the use of part or all of the land owned by the licensee as a manufactured housing community subject to any existing contractual rights or agreements between the licensee and the tenants located in the manufactured housing community. No such discontinuance shall be valid for any manufactured home sold the licensee and for which a manufactured home site was made available at the time of said sale, by the licensee, for a period of five years from the date of said sale.

No action shall be maintained under this section unless:

(1) the manufactured housing community licensee has given at least thirty days' written notice, delivered by certified or registered mail, stating the reasons for termination and notifying the manufactured housing community resident that he has fifteen days from the date of the mailing of the notice in which to pay the overdue rent, or cure the substantial violation of the community rules or of the law or ordinance, in order to avoid eviction;

(2) the manufactured home resident has not paid the overdue rent or cured said violations within twenty days from the day on which such written notice was received; and

(3) such action, other than for nonpayment of rent, is brought within thirty days from the date of the last alleged violation; provided, however, that an action may be maintained under this section without further notice or opportunity to cure, if the same substantial violation of rules, other than nonpayment of rent, occurs within six months from the date on which such notice was delivered.

For the purposes of this section, upon the death of a manufactured housing community tenant, such tenancy shall continue in the estate of such tenant for a period of one year from the date of death or one year from the appointment of an executor or administrator, whichever first occurs.

Section 32K. Any person aggrieved by any act, rule, order or decision of the licensing board may appeal to the superior court. After suspension or revocation, the license may be reinstated or reissued if the conditions leading to such suspension or revocation have been remedied and the community is being maintained and operated in full compliance with the law.

Section 32L. The following requirements and restrictions shall apply to all manufactured housing communities:

(1) A manufactured housing community licensee may promulgate rules governing the rental or occupancy of a manufactured home site but no such rule shall be unreasonable, unfair or unconscionable.

(2) Any rule or change in rent which does not apply uniformly to all manufactured home residents of a similar class shall create a rebuttable presumption that such rule or change in rent is unfair.

(3) A manufactured housing community licensee, directly or indirectly engaged in the business of selling manufactured homes, who has sold a number of manufactured homes equal to the number of sites in a manufactured housing community, shall not then impose any conditions of rental or occupancy which restricts the manufactured home owner in his choice of manufactured home dealer nor shall a manufactured housing community licensee impose any conditions of rental or occupancy which restrict the manufactured home owner in his choice of a seller of fuel, furnishings, goods, services or accessories connected with the rental or occupancy of a manufactured home site, unless such conditions are necessary to protect the health, safety or welfare of manufactured home residents in the community. Said licensee may also impose reasonable conditions relating to central fuel and gas meter systems in the community, providing the charges for such goods or services shall not exceed the average prevailing price in the locality for similar goods and services.

(3A) No manufactured housing community owner shall refuse to allow the transfer of a manufactured home located in said community on the ground that such manufactured housing community owner has not sold as many manufactured homes as there are sites.

(4) A manufactured housing community licensee shall not impose by any rule or condition of occupancy, any fee, charge or commission for the sale of a manufactured home located in a manufactured housing community. The licensee may, however, upon the proposed sale of such a home, contract with the manufactured home owner to sell the home for a fee not to exceed ten percent of the sale price of such home.

(5) If any manufactured housing community licensee promulgates, adds, deletes or amends any rule governing the rental or occupancy of a manufactured home site in a manufactured housing community, a new copy of all such rules shall be sent by certified mail, return 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 manufactured housing community resident in such community 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 manufactured housing community licensee to said residents at least thirty days prior to the effective date of such promulgations, 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.

(6) Any rule or condition of occupancy which is unfair or deceptive or which does not conform to the requirements of this section shall be unenforceable.

(7) Failure to comply with any of the provisions of this section shall constitute an unfair or deceptive trade practice under the provisions of paragraph (a) of section two of chapter ninety-three A. Enforcement of compliance and actions for damages shall be in accordance with the applicable provisions of section four to ten, inclusive, of said chapter ninety-three A.

(7A) Any manufactured housing community licensee having given notice, pursuant to this section, of a pending discontinuance shall survey within the period of notice given to tenants, all of the manufactured housing communities within a one hundred mile radius which are known to the licensee or which reasonably can be ascertained by him, to determine if any manufactured home sites are available or will become available during the notice period. The licensee shall prominently post at the community all of the information received regarding such available sites. Such survey shall be done at least once each year during the two year notice period. The second survey shall be completed and posted not less than one hundred and twenty days prior to the end of the notice period. The manufactured housing community licensee shall pay to a tenant who is entitled to receive notice pursuant to this section, relocation benefits of two thousand dollars. Such relocation benefits shall be payable within fourteen days of the departure of such tenant and the removal of the manufactured home from the community. In the event that such tenant fails to remove the home from the community and the community owner is required to remove said home pursuant to the provisions of chapter two hundred and thirty-nine, the relocation benefits shall be reduced by an amount equal to the documented out-of-pocket moving costs incurred by the community owner for the physical removal of said home. Any manufactured housing community licensee shall provide to each tenant who is entitled to receive relocation benefits pursuant to this section, a rental agreement. Such agreement shall begin on the date of the issuance of the notice of discontinuance. The provisions of such rental agreement shall not alter in any manner the tenancy arrangement existing between the community owner and tenant prior to issuance of the notice of discontinuance, except with respect to the amount of annual rent, which may be increased by an amount not to exceed the increase in the Consumer Price Index for Urban Consumers, published by the United States Department of Labor, Bureau of Labor Statistics, for the calendar year immediately preceding the date upon which such rental agreement is commenced plus the proportionate amount of any documented increase in real estate taxes or other municipal fee or charge; provided, however, that the total amount of such increase shall not exceed ten percent of the annual rent charged in the immediately preceding year; and, provided further, that once a tenant has received a notice of discontinuance, his rent shall not be increased unless a year has passed from the date of the last increase imposed upon such tenant.

(8) A manufactured housing community licensee shall give at least fifteen days written notice, delivered by certified or registered mail, to each manufactured housing community tenant, that the licensee will be appearing before a governmental board, commission or body to request a permit for a change of use or discontinuance of the manufactured housing community. Upon a change of use approved by the governmental board, commission or body, or a change that requires no local governmental permit or permits, the licensee shall give to each manufactured housing community tenant at least two years written notice, delivered by certified or registered mail, prior to the manufactured housing community licensee's determination that a change of use or discontinuance will occur. The licensee shall disclose and describe in the notice the nature of the change of use of discontinuance.

(9) The manufactured housing community licensee shall give each prospective tenant written notice prior to the inception of tenancy that the licensee is requesting a change of use before local governmental bodies, or that a change of use has been granted, or that a change of use which requires no governmental approval will occur, noting the effective date of change of use or discontinuance.

Section 32M. Upon the sale or proposed sale of a manufactured home located on a lot in a manufactured housing community and which is not owned by the manufactured housing community licensee, the prospective purchaser and members of his household may not be refused entrance if they meet the current rules of the community.

Failure to comply with the provisions of this section shall constitute an unfair or deceptive trade practice under the provisions of section two (a) of chapter ninety-three A.

Section 32N. Any manufactured housing community licensee or his agent who threatens to or takes reprisals against any manufactured housing community resident for reporting a violation or suspected violation of section thirty-two L or section thirty-two M or any applicable building or health code to the board of health of a city or town in which the manufactured housing community is located, the department of public health, the department of the attorney general or any other appropriate government agency, shall be liable for damages which shall not be less than one month's rent or more than five months' rent, or the actual damages sustained by the manufactured housing community resident, whichever is greater, and the costs of the court action brought for said damages including reasonable attorney's fees. The receipt of any notice of termination of tenancy by such manufactured housing community resident, except for nonpayment of rent, within six months after making such a report of a violation or a suspected violation, shall create a rebuttable presumption that such notice is a reprisal against the manufactured housing community resident for making such report and said presumption may be pleaded in defense to any eviction proceeding against such manufactured housing community resident brought within a year after such report.

Section 32 O. In any action to enforce the provisions of section thirty-two L or section thirty-two M, the clerk of the court shall mail copies of any judgment, decree, permanent injunction or order of the court upon the entry thereof to the attorney general and to the board of health of the city or town in which the manufactured housing community of the licensee is located.

Section 32P. All terms and conditions of occupancy must be fully disclosed in writing by the manufactured housing community owner to any prospective manufactured housing community resident at a reasonable time prior to the rental or occupancy of a manufactured 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 manufactured housing community, and the rules and regulations governing the use of the manufactured home lot and community. Such writing shall be signed by the manufactured housing community 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 manufactured housing community. 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 community as long as you pay your rent and abide by the rules and regulations of the community. You may only be evicted for nonpayment of rent, violation of law, or for substantial violation of the rules and regulations of the community. If the community 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 community; provided, however, that only one notice of a substantial violation of the rules and regulations of the community 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 community 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 manufactured 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.

Section 32Q. As used in sections thirty-two A to thirty-two P, inclusive, the words "manufactured home" shall mean a structure, built in conformance to the National Manufactured Home Construction and Safety Standards which is transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Section 32R. In any instance in which a manufactured housing community owner has been sent a certified letter from an incorporated home owners' association indicating that such association has at least fifty-one percent of the home owners residing within said community as members and has articles of incorporation specifying all rights and powers, including the power to negotiate for, acquire and operate the manufactured housing community on behalf of the member residents, then, before a manufactured housing community may be sold for any purpose and before it may be leased for any purpose that would result in a discontinuance, the owner shall notify said association by certified mail of any bona fide offer that the owner intends to accept, to buy the community or to lease it for a use that would result in a discontinuance. The community owner shall also give notice by certified mail to the incorporated home owners' association of any intention to sell or lease the community for a use which will result in a discontinuance within fourteen days of any advertisement or other public notice by the owner or his agent that the community is for sale or the land upon which the community is located is for lease.

The notice to the home owners' association shall include the price, calculated as a single lump sum amount which reflects the present value of any installment payments offered and of any promissory notes offered in lieu of cash payments or, in the case of an offer to rent the capitalized value of the annual rent, and the terms and conditions of the offer. Any incorporated home owners' association entitled to notice under this section shall have the right to purchase, in the case of a third party bona fide offer to purchase, or to lease in the case of a third party bona fide offer to lease, the said community, provided it meets the price and substantially equivalent terms and conditions of any offer of which it is entitled to notice under this section by (1) executing a contract or purchase and sale or lease agreement with the owner within forty-five days of notice of the offer and (2) obtaining any necessary financing or guarantees within an additional forty-five days. No owner shall unreasonably refuse to enter into or unreasonably delay the execution of a purchase and sale or lease agreement with a home owners' association that has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to this section. Failure of the incorporated home owner's association to execute such a purchase and sale agreement or lease within the first forty-five day period or to obtain a binding commitment for financing within the second forty-five day period shall serve to terminate the right of such association to purchase or lease the manufactured housing community. The time periods herein provided may be extended by agreement of the association and the owner. Nothing herein shall be construed to require an owner to provide financing to any association or to prohibit an owner from requiring an association which is offering to lease a community to have within its possession a sum equivalent to the capitalized value of the proposed rent of the community and requiring that a portion of such sum, of an amount necessary to pay the rent on said community for a period of no greater than two years, be kept in escrow for such purpose during the term of the lease.

The right of first refusal created herein shall inure to a home owners' association for the time periods hereinbefore provided, beginning on the date of notice to the home owners' association. The effective period of such right of first refusal shall obtain separately for each substantially different bona fide offer to purchase the community or to lease it for a purpose that would result in a discontinuance, and for each offer substantially equivalent to an offer made more than three months prior to the later offer; provided, however, that in the case of a substantially equivalent offer made by a prospective buyer who has previously made an offer for which notice to a home owners' association was required by this section, the right of first refusal shall obtain only if such subsequent offer is made more than six months after the earlier offer. The right of first refusal shall not apply with respect to any offer received by the owner for which notice to a home owners' association is not required pursuant to this section.

No right of first refusal shall apply to a government taking by eminent domain or negotiated purchase, a forced sale pursuant to a foreclosure, transfer by gift, devise or operation of law, or a sale to a person who would be included within the table of descent and distribution if there were to be a death intestate of a community owner.

In any instance in which the incorporated home owners' association of a manufactured housing community is not the successful purchaser or lessee of such manufactured housing community, the seller or lessor of such community shall prove compliance with this section by filing an affidavit of compliance in the official records of the county where the property is located within seven days of the sale or lease of the community.

SECTION 20. Section 25E of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 21. Section 61 of chapter 171 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

A credit union may make a loan for the purpose of financing the purchase of a movable dwelling, hereinafter called a manufactured home, containing living facilities suitable for year-round occupancy by one family, including permanent provision for eating, sleeping, cooking and sanitation; provided, however, that (a) such manufactured home is to be maintained as a residence of the purchaser; (b) such manufactured home will, within ninety days after purchase, be located at a manufactured housing community or other semipermanent site within the commonwealth or within a radius of thirty-five miles of the credit union office without regard to geographical location; (c) the principal amount of such loan, including interest and other costs, shall not exceed eighty percent of the purchase price of such manufactured home, excluding any taxes, transportation expenses, insurance premiums, registration fees and other costs paid or required to be paid by the purchaser in connection with such purchaser in connection with such purchase, or thirty-five thousand dollars, whichever is less; (d) such loan is required to be repaid in substantially equal monthly installments within a period of not more than twenty-five years after the date of such purchase; and (e) the note or other instrument evidencing such loan shall expressly grant to such credit union a security interest in such manufactured home and shall include such provisions as the credit committee may deem necessary for the protection of such credit union's security interest including, specifically, provisions with respect to insurance, taxes, maintenance and repairs.

SECTION 22. Section 14 of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "mobile" and inserting in place thereof the word:- manufactured.

SECTION 23. Chapter 188 of the General Laws is hereby amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:-

Section 1A. The real property or manufactured home of persons sixty-two years of age or older, regardless of marital status, or of a disabled person, as herein defined, shall be protected against attachment, seizure or execution of judgment to the extent of two hundred thousand dollars; provided, however, that such person has filed an elderly or disabled person's declaration of homestead protection as provided in section two; and, provided further, that such person occupies or intends to occupy such real property or manufactured home as his principal residence. A disabled person's declaration of homestead protection shall be accompanied by either of the documents referred to in the second paragraph of this section.

For the purposes of this section, a disabled person is defined as an individual who has any medically determinable permanent physical or mental impairment which would meet the disability requirements for supplemental security income under the provisions of 42 USC 1382c(a)(3)(A) and (C), which are in effect at the time of filing. An original or certified copy of a disability award letter issued to the person by the United States Social Security Administration; or a letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine certifying that the person meets the disability requirements stated on 42 USC 1382c(a)(3)(A) and (C), which are in effect at the time of filing, shall be recorded or filed, whichever is appropriate, with a disabled person's declaration of homestead protection.

Each individual having an ownership interest in the real property or manufactured home which serves as that individual's principal residence and who qualifies under the provisions of this section shall, upon filing of an elderly or disabled person's declaration of homestead protection, be eligible for protection of such ownership interest up to a maximum amount of two hundred thousand dollars per individual, regardless of whether such declaration is filed individually or jointly with another.

The following shall be exempt from the provisions of this section: federal, state and local taxes, assessments, claims and liens; first and second mortgages held by financial institutions or others; any and all debts, encumbrances or contracts existing prior to the filing of the declaration; an execution issued from the probate court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children; where buildings on land not owned by the owner of a homestead estate are attached, levied upon or sold for the ground rent of the lot whereon they stand.

The elderly or disabled person's estate or claim of homestead shall be terminated upon the sale or transfer of the real property or manufactured home during the declarant's lifetime or upon the sale or transfer of the declarant's interest in the real property or manufactured home during the declarant's lifetime or upon the death of the surviving declarant. An elderly or disabled person's estate of homestead created by this section shall be terminated during the lifetime of the declarant by deed conveying the property in which such an estate of homestead exists signed by the declarant; or by a release of the elderly or disabled person's estate of homestead, duly signed, sealed and acknowledged by the declarant and recorded in the registry of deeds for the county or district in which such real estate is located; or by a release of the elderly or disabled person's claim of homestead, duly signed, sealed and acknowledged by the declarant and filed in the city or town clerk's office in the city or town in which the manufactured home is located; or pursuant to section two.

SECTION 24. Section 2 of said chapter 188, as so appearing, is hereby amended by striking out, in lines 15 and 18, the word "mobile", each time it appears, and inserting in place thereof, in each instance, the word:- manufactured.

SECTION 25. Chapter 255 of the General Laws is hereby amended by striking out section 25A, as so appearing, and inserting in place thereof the following section:-

Section 25A. Persons maintaining manufactured housing communities for the rental of sites to be occupied by manufactured homes and vehicles, for the furnishing of facilities in connection therewith, and for the storage and care of manufactured homes brought to their premises or placed in their care by and with the consent of the owners thereof, shall have a lien upon such manufactured homes and the contents thereof for proper charges due them for such rental, facilities, storage and care, and any tax assessed by reason of such manufactured home having occupied a site in such manufactured housing community.