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