Massachusetts Manufactured Housing Community Tenancy-at-Will Rent Change and Five-Year Offer

Massachusetts Manufactured Housing Community Tenancy-at-Will Rent Change and Five-Year Offer

Before you use this: Use this for an existing community-site tenancy at will only when the operator proposes a new tenancy at a higher rent. Complete every disclosure and attach the current community rules. Serve this notice at least the longer of the applicable M.G.L. c. 186, § 12 period and 30 days before the proposed change; give the signed disclosure at least 72 hours before signing or commencement of the new occupancy. Deliver a copy to any tenants' association. A current lease, rent-control rule or valid discontinuance notice may change the available terms.

Notice and disclosure date: [__/__/____]

To resident: [FULL NAME]

Community and home site: [COMMUNITY NAME, SITE NUMBER, ADDRESS]

From community owner/operator: [NAME, CAPACITY, MAILING ADDRESS]

Notice concerning the existing tenancy at will

The owner gives written notice that the present tenancy at will for the home site identified above will end on [DATE], subject to the notice period required by M.G.L. c. 186, § 12. The present rent is $[____] per [PERIOD], payable on [PAYMENT DAY]. The proposed new tenancy would begin on [DATE]. The owner offers the two written occupancy choices below. This notice does not demand that the resident leave immediately or waive any right under existing law.

Notice calculation: The current rent-payment interval is [____]; the applicable statutory or agreement notice period is [____]; notice delivered [DATE AND METHOD]; proposed effective date [DATE].

Terms disclosed for both occupancy choices

Site size and location: [DIMENSIONS / SITE PLAN REFERENCE]. Known materially adverse site conditions or defects: [DETAILS / NONE KNOWN].

Owners and addresses: [LIST EVERY OWNER AND ADDRESS]. Operators and addresses: [LIST EVERY OPERATOR AND ADDRESS]. Principal beneficial owners of an entity owner or operator: [NAMES AND ADDRESSES].

Common areas and facilities: [DESCRIBE]. Restrictions on their use: [DESCRIBE / NONE].

Community rules: Current rules dated [DATE] are attached as Attachment A. Other occupancy conditions: [ATTACH COMPLETE PROPOSED AGREEMENT OR STATE ALL TERMS].

Any special charge or fee, the circumstances permitting it, and the calculation: [ITEMIZE / NONE].

☐ Resident requested a statement of charges and fees assessed during the preceding 12 months and estimated for the next 12 months; it is attached as Attachment B. ☐ No such request was made.

Rent-control review: ☐ No applicable rent-control restriction after review of [IDENTIFY SOURCES]. ☐ Applicable restriction and permitted amount: [IDENTIFY RULE, DECISION, AMOUNT].

Discontinuance review: ☐ No valid discontinuance notice is in effect. ☐ A valid notice is in effect, with effective discontinuance date [DATE]; the five-year choice below runs only through the remaining period before that date.

Choice 1: new tenancy at will

The owner offers a new tenancy at will beginning [DATE] at the disclosed rent and charges in the table above, subject to the complete attached terms [ATTACHMENT NUMBER]. The new rent reflects [CALCULATION AND BASIS]. This is an offer; the resident may accept it in the response section below.

Choice 2: good-faith five-year occupancy offer

As an alternative, the owner offers a written occupancy agreement for the same home site for five years, beginning [DATE] and ending [DATE], at the disclosed fair-market rent and charges in the table above. Fair-market basis: [COMPARABLE SITES, DATES, ADJUSTMENTS AND CALCULATION]. The complete proposed agreement is attached as Attachment C.

If a valid discontinuance notice is in effect, the owner instead offers the remaining period until its effective date, beginning [DATE] and ending [DATE], as required by M.G.L. c. 140, § 32P. That shorter period applies only if the documented valid notice identified above exists.

The resident may review and accept either offer. Any agreement becomes binding only on the terms actually accepted and signed by the appropriate parties.

Statutory notice and request for information

The following statutory notice is reproduced from the current M.G.L. c. 140, § 32P. Include it in clear and conspicuous type with the signed disclosure.

IMPORTANT NOTICE REQUIRED BY LAW

The rules set forth below govern the terms of your lease or occupancy with this manufactured housing community. If these rules are changed in any way, the addition, deletion or amendment must be delivered to you, along with a copy of the certified mail receipts indicating that such change has been submitted to the attorney general and the secretary of housing and livable communities and either a copy of the approvals thereof by the attorney general and said secretary or a certificate signed by the owner stating that neither the attorney general nor said secretary has taken any action with respect thereto within the period set forth in paragraph (5) of section thirty-two L of chapter one hundred and forty. This notification must be furnished to you at least thirty days before the change goes into effect. The law requires all of these rules and regulations to be fair and reasonable or said rules and regulations cannot be enforced.

You may continue to stay in the community as long as you pay rent and abide by the rules and regulations. You may only be evicted for nonpayment of rent, violation of law or for substantial violation of the rules and regulations of the community. In addition, no eviction proceedings may be commenced against you until you have received notice by certified mail of the reason for the eviction proceeding and you have been given fifteen days from the date of the notice in which to pay the overdue rent or to cease and desist from any substantial violation of the rules and regulations of the community; provided, however, that only one notice of substantial violation of the rules and regulations of the community is required to be sent to you during any six month period. If a second or additional violation occurs, except for nonpayment of rent, within six months from the date of the first notice, then eviction proceedings may be commenced against you immediately.

You may not be evicted for reporting any violations of law or health and building codes to boards of health, the attorney general, or any other appropriate government agency. Receipt of notice of termination of tenancy by you, except for nonpayment of rent, within six months after your making such a report shall create a rebuttable presumption that such notice is a reprisal and may be pleaded by you in defense to any eviction proceeding brought within one year.

Any group of more than fifty percent of the tenants residing in the manufactured housing community has certain rights under section thirty-two R of chapter one hundred and forty, to purchase the community in the event the owner intends to accept an offer to sell or lease the community in the future. If you wish to receive further information about the financial terms of such a possible purchase, you may so notify the owner at any time by signing the attached Request for Information and returning it to the owner in person or by certified mail. Such request for information shall not obligate you to participate in any purchase of the community. For a proposed sale or lease by the owner which will result in a change of use or a discontinuance of the community you will receive information at least two years before the change becomes effective. Otherwise, Requests for Information or similar notices from more than fifty percent of the tenants residing in the community must be on file with the owner before the owner is required to give you information concerning the financial terms of a sale or lease.

This law is enforceable by the consumer protection division of the attorney general's office.

Request for Information (resident may complete)

The undersigned, a tenant in the manufactured housing community known as ___________________ and located at _______________, Massachusetts desires to receive information concerning any proposed sale or lease of the community as required under Section 32R of Chapter 140 of the General Laws. I understand that this request shall not obligate me to participate in any purchase or lease of the community, but is only a request for information. This notice is being delivered to the owner or owner’s manager either in person or by certified mail on __________(date). (Tenant - Name)

Tenant signature for request, if used: ______________________________ Date: [__/__/____]

Owner signature and delivery

Owner signature: ______________________________ Printed name and capacity: [________________________________]

Date signed: [__/__/____]

I delivered this signed writing with Attachments [LIST] to the resident on [DATE] by [METHOD], at least 72 hours before the first proposed signing or commencement date. Evidence: [DETAILS].

☐ A tenants' association exists and received the change notice on [DATE] by [METHOD]. ☐ No tenants' association was identified after checking [BASIS].

Delivery recorded by: [NAME AND SIGNATURE] ______________________________

Resident response

☐ Please send me the proposed tenancy-at-will agreement for review. ☐ Please send me the proposed five-year occupancy agreement (or the documented shorter discontinuance-period agreement) for review. ☐ I am still reviewing these offers.

Resident signature: ______________________________ Date: [__/__/____]

Sources and References

• M.G.L. c. 140, § 32P
• M.G.L. c. 140, § 32J
• M.G.L. c. 186, § 12
• 940 CMR 10.03
• Official Manufactured Housing Act PDF (request form)