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2 | 2 | | HOUSE DOCKET, NO. 1723 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1513 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James K. Hawkins |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to manufactured housing communities. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/15/2025Carmine Lawrence Gentile13th Middlesex2/18/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 1723 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1513 |
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18 | 18 | | By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1513) of |
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19 | 19 | | James K. Hawkins and Carmine Lawrence Gentile relative to manufactured housing |
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20 | 20 | | communities. Housing. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 1327 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to manufactured housing communities. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 32B of chapter 140 of the General Laws is hereby amended by |
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32 | 32 | | 2adding the following paragraph:- |
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33 | 33 | | 3 Upon receipt of a finding of a violation or order by the board pursuant to section 32F½, |
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34 | 34 | | 4the board of health may, after a hearing and reasonable notice, suspend or revoke a manufactured |
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35 | 35 | | 5housing community license. |
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36 | 36 | | 6 SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after |
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37 | 37 | | 7section 32F the following section:- 2 of 4 |
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38 | 38 | | 8 Section 32F½. (a) A city or town may, by its ordinances or by-laws, establish a separate |
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39 | 39 | | 9board to oversee the use and occupancy payments for manufactured housing community |
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40 | 40 | | 10accommodations in such a city or town. |
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41 | 41 | | 11 (b) Pursuant to this section, the board may make individual or general adjustments, either |
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42 | 42 | | 12upward or downward, as may be necessary to assure that use and occupancy of a manufactured |
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43 | 43 | | 13housing community in the city or town are established at levels that accommodate the occupants |
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44 | 44 | | 14of each manufactured home. |
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45 | 45 | | 15 (c) The board shall have powers necessary or convenient to perform the following |
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46 | 46 | | 16functions: |
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47 | 47 | | 17 (1) may make rules and regulations to effectuate the purposes of this section. |
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48 | 48 | | 18 (2) require the registration by owners and operators of manufactured housing |
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49 | 49 | | 19communities under penalty of perjury, of information relating to the manufactured housing |
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50 | 50 | | 20community accommodations; |
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51 | 51 | | 21 (3) sue and be sued; |
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52 | 52 | | 22 (4) compel the attendance of persons and the production of papers and information; and |
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53 | 53 | | 23 (5) issue appropriate orders which shall be binding on both the owner and tenants of such |
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54 | 54 | | 24manufactured housing community accommodations. |
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55 | 55 | | 25 (d) Violations of any ordinance or by-law adopted pursuant to this section or any order of |
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56 | 56 | | 26the board shall be punishable by a fine of not more than $5,000. Upon such finding of a violation |
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57 | 57 | | 27or order the board shall forthwith notify the board of health of the city or town of such finding. 3 of 4 |
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58 | 58 | | 28 (e) A manufactured housing community owner or operator holding a license shall not |
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59 | 59 | | 29increase the use and occupancy, fees, or the total rent of a manufactured home resident during |
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60 | 60 | | 30any 12-month period, even if a new lease agreement is signed or other rental agreement is |
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61 | 61 | | 31entered into, by an amount of more than the most recent Chained Consumer Price Index for All |
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62 | 62 | | 32Urban Consumers. For this section, the term “Chained Consumer Price Index for All Urban |
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63 | 63 | | 33Consumers” or “C-CPI-U”, shall mean the consumer price index for all urban consumers, |
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64 | 64 | | 34defined in 26 U.S.C. § 1(f)(6) and published by the Bureau of Labor Statistics of the Department |
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65 | 65 | | 35of Labor. The owner or operator may increase the existing manufactured home resident’s use and |
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66 | 66 | | 36occupancy or rent by an amount of more than the C-CPI-U upon a finding of the board that such |
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67 | 67 | | 37increase will yield a fair net operating income pursuant to this section. |
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68 | 68 | | 38 (f) The following factors, among other relevant factors, which the board may define by |
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69 | 69 | | 39regulation, shall be considered in determining whether manufactured housing community |
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70 | 70 | | 40accommodations yield a fair net operating income: |
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71 | 71 | | 41 (1) increases or decreases in property taxes; |
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72 | 72 | | 42 (2) unavoidable increases or any decreases in operating and maintenance expenses; |
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73 | 73 | | 43 (3) capital improvements of the manufactured housing community as distinguished from |
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74 | 74 | | 44 ordinary repair, replacement, and maintenance; |
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75 | 75 | | 45 (4) increases or decreases in space, services, equipment, or other similar factors; |
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76 | 76 | | 46 (5) substantial deterioration of the manufactured housing community other than as a |
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77 | 77 | | 47 result of ordinary wear and tear; |
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78 | 78 | | 48 (6) failure to perform ordinary repair, replacement, and maintenance; and 4 of 4 |
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79 | 79 | | 49 (7) that use and occupancy, rent, and fee payments are established at levels that |
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80 | 80 | | 50accommodate the occupants of each manufactured home. |
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81 | 81 | | 51 (g) Chapter 30A shall apply to the board as if it were an agency of the Commonwealth, |
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82 | 82 | | 52including provisions relating to judicial review of an agency order. |
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83 | 83 | | 53 (h) The district court shall have original jurisdiction, concurrently with the superior court, |
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84 | 84 | | 54of all petitions for review brought pursuant to section 14 of said chapter 30A. |
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85 | 85 | | 55 (i) The superior court shall have original jurisdiction to enforce this act and any by-laws |
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86 | 86 | | 56adopted thereunder and may restrain violations thereof. |
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87 | 87 | | 57 (j) The personnel, if any, of the board, shall not be subject to chapter 31 of the General |
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88 | 88 | | 58Laws. |
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