Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1642 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1381
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Susannah M. Whipps
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act providing for rent regulation and control of evictions in manufactured housing parks in
13	13	the town of Athol.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Susannah M. Whipps2nd Franklin1/18/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023 1 of 3
17	17	HOUSE DOCKET, NO. 1642 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1381
19	19	By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 1381) of
20	20	Susannah M. Whipps and Joanne M. Comerford (by vote of the town) that the town of Athol be
21	21	authorized to regulate rents for the use or occupancy of manufactured housing parks in said
22	22	town. Housing. [Local Approval Received.]
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 4354 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act providing for rent regulation and control of evictions in manufactured housing parks in
31	31	the town of Athol.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. The Town of Athol may, by its ordinances, regulate rents for the use or
35	35	2occupancy of manufactured housing parks in the town, establish a rent board for the purpose of
36	36	3regulating rents, minimum standards for use or occupancy of manufactured housing park
37	37	4accommodations and eviction of tenants therefrom and may, by its ordinances, require the
38	38	5registration, by owners of manufactured housing parks under penalty of perjury, of information
39	39	6relating to the manufactured home park accommodations. The rent board shall have all powers
40	40	7necessary or convenient to perform its functions, may make rules and regulations, require the
41	41	8registration, by owners of manufactured housing parks under penalty of perjury, of information
42	42	9relating to the manufactured housing park accommodations. Violations of any by-law adopted 2 of 3
43	43	10pursuant to this act or any order of the rent board shall be punishable by a fine of not more than
44	44	11$1,000.
45	45	12 SECTION 2. (a) The rent board, established pursuant to section l, may make individual
46	46	13or general adjustments, either upward or downward, as may be necessary to assure that rents for
47	47	14manufactured home park accommodations in the town are established. (b) The following factors,
48	48	15among other relevant factors, which the board may define by regulation, shall be considered in
49	49	16determining whether controlled manufactured home park accommodations yield a fair net
50	50	17operating income: (1) increases or decreases in property taxes; (2) unavoidable increases or any
51	51	18decreases in operating and maintenance expenses; (3) capital improvements of the mobile home
52	52	19park as distinguished from ordinary repair, replacement and maintenance; (4) increases or
53	53	20decreases in space, services, equipment or other similar factors; (5) substantial deterioration of
54	54	21the manufactured home park other than as a result or ordinary wear and tear; and (6) failure to
55	55	22perform ordinary repair, replacement and maintenance.
56	56	23 SECTION 3. Chapter 30A of the General Laws shall apply to the rent board, established
57	57	24pursuant to section l, as if the rent board were an agency of the commonwealth, including
58	58	25provisions relating to judicial review of an agency order.
59	59	26 SECTION 4. (a) The district court shall have original jurisdiction, concurrently with the
60	60	27superior court, of all petitions for review brought pursuant to section 14 of chapter 30A of the
61	61	28General Laws. (b) The superior court shall have original jurisdiction to enforce this act and any
62	62	29by-laws adopted thereunder and may restrain violations thereof.
63	63	30 SECTION 5. The Town of Athol may, by its ordinances, regulate the eviction of tenants.
64	64	31The rent board, established pursuant to section 1, may issue orders which shall be a defense to 3 of 3
65	65	32actions of summary process for possession and such orders shall be reviewable pursuant to
66	66	33sections 3 and 4.
67	67	34 SECTION 6. The personnel, if any, of the rent board, established pursuant to section l,
68	68	35shall not be subject to section 94, of chapter 30 of the General Laws or chapter 3 1 of the General
69	69	36Laws.
70	70	37 SECTION 7. This act shall take effect upon its passage.