Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S990 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2500 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 990
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
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 relative to manufactured housing communities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 4
16	16	SENATE DOCKET, NO. 2500 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 990
18	18	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 990) of Paul R. Feeney for
19	19	legislation relative to manufactured housing communities. Housing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 875 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to manufactured housing communities.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 32B of chapter 140 of the General Laws is hereby amended by
31	31	2adding the following paragraph:-
32	32	3 Upon receipt of a finding of a violation or order by the board pursuant to section 32F½,
33	33	4the board of health may, after a hearing and reasonable notice, suspend or revoke a manufactured
34	34	5housing community license.
35	35	6 SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after
36	36	7section 32F the following section:-
37	37	8 Section 32F½. (a) A city or town may, by its ordinances or by-laws, establish a separate
38	38	9board to oversee the use and occupancy payments for manufactured housing community
39	39	10accommodations in such a city or town. 2 of 4
40	40	11 (b) Pursuant to this section, the board may make individual or general adjustments, either
41	41	12upward or downward, as may be necessary to assure that use and occupancy of a manufactured
42	42	13housing community in the city or town are established at levels that accommodate the occupants
43	43	14of each manufactured home.
44	44	15 (c) The board shall have powers necessary or convenient to perform the following
45	45	16functions:
46	46	17 (1) may make rules and regulations to effectuate the purposes of this section.
47	47	18 (2) require the registration by owners and operators of manufactured housing
48	48	19communities under penalty of perjury, of information relating to the manufactured housing
49	49	20community accommodations;
50	50	21 (3) sue and be sued;
51	51	22 (4) compel the attendance of persons and the production of papers and information; and
52	52	23 (5) issue appropriate orders which shall be binding on both the owner and tenants of such
53	53	24manufactured housing community accommodations.
54	54	25 (d) Violations of any ordinance or by-law adopted pursuant to this section or any order of
55	55	26the board shall be punishable by a fine of not more than $5,000. Upon such finding of a violation
56	56	27or order the board shall forthwith notify the board of health of the city or town of such finding.
57	57	28 (e) A manufactured housing community owner or operator holding a license shall not
58	58	29increase the use and occupancy, fees, or the total rent of a manufactured home resident during
59	59	30any 12-month period, even if a new lease agreement is signed or other rental agreement is
60	60	31entered into, by an amount of more than the most recent Chained Consumer Price Index for All 3 of 4
61	61	32Urban Consumers. For this section, the term “Chained Consumer Price Index for All Urban
62	62	33Consumers” or “C-CPI-U”, shall mean the consumer price index for all urban consumers,
63	63	34defined in 26 U.S.C. § 1(f)(6) and published by the Bureau of Labor Statistics of the Department
64	64	35of Labor. The owner or operator may increase the existing manufactured home resident’s use and
65	65	36occupancy or rent by an amount of more than the C-CPI-U upon a finding of the board that such
66	66	37increase will yield a fair net operating income pursuant to this section.
67	67	38 (f) The following factors, among other relevant factors, which the board may define by
68	68	39regulation, shall be considered in determining whether manufactured housing community
69	69	40accommodations yield a fair net operating income:
70	70	41 (1) increases or decreases in property taxes;
71	71	42 (2) unavoidable increases or any decreases in operating and maintenance expenses;
72	72	43 (3) capital improvements of the manufactured housing community as distinguished from
73	73	44ordinary repair, replacement, and maintenance;
74	74	45 (4) increases or decreases in space, services, equipment, or other similar factors;
75	75	46 (5) substantial deterioration of the manufactured housing community other than as a
76	76	47result of ordinary wear and tear;
77	77	48 (6) failure to perform ordinary repair, replacement, and maintenance; and
78	78	49 (7) that use and occupancy, rent, and fee payments are established at levels that
79	79	50accommodate the occupants of each manufactured home. 4 of 4
80	80	51 (g) Chapter 30A shall apply to the board as if it were an agency of the Commonwealth,
81	81	52including provisions relating to judicial review of an agency order.
82	82	53 (h) The district court shall have original jurisdiction, concurrently with the superior court,
83	83	54of all petitions for review brought pursuant to section 14 of said chapter 30A.
84	84	55 (i) The superior court shall have original jurisdiction to enforce this act and any by-laws
85	85	56adopted thereunder and may restrain violations thereof.
86	86	57 (j) The personnel, if any, of the board, shall not be subject to chapter 31 of the General
87	87	58Laws.