Mobile home lot rent rules in Massachusetts

Massachusetts has a dedicated Manufactured Housing Community law — M.G.L. Chapter 140, §§32F–32S — that governs lot tenancies. It guarantees a five-year lease offer, ties rent to the market subject to any local rent control, and presumes a non-uniform rent change is unfair. The information below describes how the law generally works; anyone dealing with a specific increase should consider consulting a licensed attorney in Massachusetts.

What the statute says

On the lease term and rent, M.G.L. c.140 §32P requires the park's written disclosure to contain:

a bona fide, good faith offer to each new tenant and to each person renewing or extending any existing arrangement or agreement for occupancy of premises in a manufactured housing community for a rental agreement with a term of five years ... at fair market rental rates subject to any applicable rent control restrictions, as an alternative to any other proposed term lengths.

On uniformity, §32L(2) provides that "any rule or change in rent which does not apply uniformly to all manufactured home residents of a similar class shall create a rebuttable presumption that such rule or change in rent is unfair," and §32L(1) requires that any community rule not be "unreasonable, unfair or unconscionable." A rule or condition that is "unfair or deceptive or which does not conform to the requirements of this section shall be unenforceable" (§32L(6)).

How it works in general

Every resident — new or renewing — must be offered a five-year lease as an alternative to shorter terms, with rent set at fair market rates. There is no statewide cap on the amount, but the rent is expressly subject to any local rent control ordinance, and a number of Massachusetts cities and towns regulate manufactured-housing-community rents. A rent change (or rule) that does not apply uniformly to all residents of a similar class is presumed unfair, which the park must rebut. Where the community's use is being discontinued, separate rent-increase limits apply during the notice period (§32L(7A)).

Common scenarios

General examples Massachusetts park residents commonly encounter:

• A resident is offered only a short lease. The park must also offer a five-year lease (§32P).
• One resident's rent jumps while similar neighbors' rent does not. That non-uniform change is presumed unfair (§32L(2)).
• A resident asks whether rent is capped. There is no statewide cap, but a local rent control ordinance may apply (§32P).

Other authorities that may apply

Title 32F–32S governs the community, and a violation is an unfair or deceptive practice under c.93A §2 (§32L(7)). Local rent control ordinances, where adopted, can limit increases. Community rule and rent changes must be sent to the Attorney General and the secretary of housing and livable communities for review and to residents before taking effect (§32L(5)), and the written lease supplies the specific terms.