Section 10.08 - Termination of Tenancy and Eviction(1)General. (a) A licensee may terminate an occupancy agreement or tenancy of any kind only for a reason specified as a basis for termination in M.G.L. c. 140, § 32J. An operator shall not terminate an occupancy agreement or tenancy for any other reason, including without limitation:1.a. because of the age of homeb. because the home, if built before June 15, 1976, does not comply with federal standards of construction of manufactured housing that became effective on that date and are administered by the U.S. Department of Housing and Urban Development; orc. because the external condition of the home or site does not comply with community rules, unless the operator has specified in writing the area(s) of non-compliance and has given the homeowner a reasonable opportunity to bring the home into compliance; and2. in retaliation for the matters set forth in 940 CMR 10.08(4).(b) No action by an operator to terminate an occupancy agreement or tenancy, or to recover possession of the manufactured home site, for any of the reasons set forth in M.G.L. c. 140, § 32J, shall be maintained unless the operator has provided the resident with a written default notice and the opportunity to cure as set forth in M.G.L. c. 140, § 32J. The default notice required thereunder shall be effective only if it sets forth the reason(s) relied upon for the termination with specific facts, where applicable and available, alleging the date(s), place, witnesses, and circumstances concerning the reason(s) for the default. Reference to 940 CMR 10.00 or to M.G.L. c. 140, § 32J alone is not sufficient for compliance with 940 CMR 10.08(1)(b).(c) Where an operator is required to obtain a certificate of eviction or similar permit from a local rent control board prior to evicting a resident, the operator shall not apply for such certificate or permit except for a reason specified as a basis for termination under M.G.L. c. 140, § 32J. Any certificate of eviction obtained by an operator that is issued on any other basis shall have no legal effect in any subsequent summary process action.(d) An operator shall not refuse to renew an occupancy agreement or tenancy for the reason that the operator wishes to make the manufactured home site available to a person purchasing a manufactured home from the operator.(e) After a termination of an occupancy agreement or tenancy in compliance with M.G.L. c. 140, §§ 32A through 32S and 940 CMR 10.00, the licensee may seek to recover possession of the manufactured home site by summary process under M.G.L. c. 239, and the resident shall be entitled to assert all rights and defenses available under applicable law.(2)Substantial Violation of Rules.(a) An operator shall not declare a default, terminate an occupancy agreement or tenancy, or seek to recover possession of the manufactured home site for an alleged violation of a community rule that either has been disapproved by the Attorney General or the Secretary, is inconsistent with M.G.L. c. 140, §§ 32A through 32S or 940 CMR 10.00, or is not otherwise enforceable under M.G.L. c. 140, § 32L(5).(b) No violation of a rule shall be deemed "substantial" for purposes of M.G.L. c. 140, § 32J unless the violation by the resident endangers the health or safety of the other residents of the community, their guests, or the operator, unreasonably interferes with the use and quiet enjoyment by other residents of their homes, home sites, or the common areas or facilities, or damages or poses a substantial risk of damage to the property or equipment of the operator.(c) Nothing herein shall be deemed to restrict a licensee's right to seek injunctive relief from a court of competent jurisdiction with respect to any violation of enforceable rules, whether or not "substantial."(3)Violation of Law or Ordinance Protecting Health or Safety.(a) An operator shall not declare a default, terminate an occupancy agreement, or seek to recover possession of the manufactured home site for an alleged violation of any noncriminal and/or misdemeanor health and safety law or ordinance, unless the resident fails to comply with such law or ordinance within a reasonable period after receiving notice of such noncompliance from the governmental agency charged with enforcing same.(b) No termination or eviction action shall be undertaken by an operator because of a violation by a resident of a criminal statute protecting the health and safety of other residents if the person convicted of the offense has permanently vacated and does not subsequently reoccupy the manufactured home site.(4)Retaliation.(a) An operator shall not terminate a tenancy or refuse to renew a tenancy because a resident has reported to any governmental authority a violation or suspected violation by the operator of any law, regulation, or ordinance, including without limitation any provision of any building or health code, M.G.L. c. 140, §§ 32A through 32S or 940 CMR 10.00, or filed suit alleging such violation(s).(b) An operator shall not terminate a tenancy or refuse to renew a tenancy for the reason that the tenant is a member of a tenants' association or sought to establish or amend any rent control statute or ordinance.(c) An operator shall not terminate a tenancy or refuse to renew a tenancy for the reason that the tenant is asserting a right under 940 CMR 10.00, M.G.L. c. 140, §§ 32A through 32S or any other applicable landlord-tenant law.(d) The receipt by a resident of any notice of default or termination, except for nonpayment of rent, within six months after the resident has taken any of the actions described in 940 CMR 10.08(4)(a) through (c), shall create a rebuttable presumption that such notice is a reprisal against the resident for taking such action, and such presumption may be pleaded in defense to any eviction proceeding against such resident brought within one year after the resident took such action.(e) Nothing herein shall limit a resident's right to recover damages, costs and reasonable attorneys' fees for an operator's reprisals or threatened reprisals as set forth in M.G.L. c. 140, § 32N.(5)120-Day Post-Eviction Period.(a) After eviction of a resident, and for so long as the homeowner has the right to sell the manufactured home within the 120-day period provided under M.G.L. c. 140, § 32J, an operator shall not terminate or otherwise interfere with utility hookups, or cause the manufactured home to be moved from its site.(b) During the 120-day post-eviction period, an operator may not unreasonably restrict the homeowner from placing "for sale" signs on the home or site in accordance with 940 CMR 10.07(5), or from showing the home to prospective purchasers or their agents, including but not limited to home inspectors.(c) The purchase of a manufactured home by an operator, or any affiliate of the operator, from an evicted homeowner for a price substantially below the fair market value of the home, as determined under M.G.L. c. 140, § 32L(7)(A), shall create a rebuttable presumption that such transaction was unfair or deceptive.