Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1513 Compare Versions

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22 HOUSE DOCKET, NO. 1723 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1513
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James K. Hawkins
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to manufactured housing communities.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/15/2025Carmine Lawrence Gentile13th Middlesex2/18/2025 1 of 4
1616 HOUSE DOCKET, NO. 1723 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1513
1818 By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1513) of
1919 James K. Hawkins and Carmine Lawrence Gentile relative to manufactured housing
2020 communities. Housing.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 1327 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to manufactured housing communities.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 32B of chapter 140 of the General Laws is hereby amended by
3232 2adding the following paragraph:-
3333 3 Upon receipt of a finding of a violation or order by the board pursuant to section 32F½,
3434 4the board of health may, after a hearing and reasonable notice, suspend or revoke a manufactured
3535 5housing community license.
3636 6 SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after
3737 7section 32F the following section:- 2 of 4
3838 8 Section 32F½. (a) A city or town may, by its ordinances or by-laws, establish a separate
3939 9board to oversee the use and occupancy payments for manufactured housing community
4040 10accommodations in such a city or town.
4141 11 (b) Pursuant to this section, the board may make individual or general adjustments, either
4242 12upward or downward, as may be necessary to assure that use and occupancy of a manufactured
4343 13housing community in the city or town are established at levels that accommodate the occupants
4444 14of each manufactured home.
4545 15 (c) The board shall have powers necessary or convenient to perform the following
4646 16functions:
4747 17 (1) may make rules and regulations to effectuate the purposes of this section.
4848 18 (2) require the registration by owners and operators of manufactured housing
4949 19communities under penalty of perjury, of information relating to the manufactured housing
5050 20community accommodations;
5151 21 (3) sue and be sued;
5252 22 (4) compel the attendance of persons and the production of papers and information; and
5353 23 (5) issue appropriate orders which shall be binding on both the owner and tenants of such
5454 24manufactured housing community accommodations.
5555 25 (d) Violations of any ordinance or by-law adopted pursuant to this section or any order of
5656 26the board shall be punishable by a fine of not more than $5,000. Upon such finding of a violation
5757 27or order the board shall forthwith notify the board of health of the city or town of such finding. 3 of 4
5858 28 (e) A manufactured housing community owner or operator holding a license shall not
5959 29increase the use and occupancy, fees, or the total rent of a manufactured home resident during
6060 30any 12-month period, even if a new lease agreement is signed or other rental agreement is
6161 31entered into, by an amount of more than the most recent Chained Consumer Price Index for All
6262 32Urban Consumers. For this section, the term “Chained Consumer Price Index for All Urban
6363 33Consumers” or “C-CPI-U”, shall mean the consumer price index for all urban consumers,
6464 34defined in 26 U.S.C. § 1(f)(6) and published by the Bureau of Labor Statistics of the Department
6565 35of Labor. The owner or operator may increase the existing manufactured home resident’s use and
6666 36occupancy or rent by an amount of more than the C-CPI-U upon a finding of the board that such
6767 37increase will yield a fair net operating income pursuant to this section.
6868 38 (f) The following factors, among other relevant factors, which the board may define by
6969 39regulation, shall be considered in determining whether manufactured housing community
7070 40accommodations yield a fair net operating income:
7171 41 (1) increases or decreases in property taxes;
7272 42 (2) unavoidable increases or any decreases in operating and maintenance expenses;
7373 43 (3) capital improvements of the manufactured housing community as distinguished from
7474 44 ordinary repair, replacement, and maintenance;
7575 45 (4) increases or decreases in space, services, equipment, or other similar factors;
7676 46 (5) substantial deterioration of the manufactured housing community other than as a
7777 47 result of ordinary wear and tear;
7878 48 (6) failure to perform ordinary repair, replacement, and maintenance; and 4 of 4
7979 49 (7) that use and occupancy, rent, and fee payments are established at levels that
8080 50accommodate the occupants of each manufactured home.
8181 51 (g) Chapter 30A shall apply to the board as if it were an agency of the Commonwealth,
8282 52including provisions relating to judicial review of an agency order.
8383 53 (h) The district court shall have original jurisdiction, concurrently with the superior court,
8484 54of all petitions for review brought pursuant to section 14 of said chapter 30A.
8585 55 (i) The superior court shall have original jurisdiction to enforce this act and any by-laws
8686 56adopted thereunder and may restrain violations thereof.
8787 57 (j) The personnel, if any, of the board, shall not be subject to chapter 31 of the General
8888 58Laws.