Section 10.02 - Unfair or Deceptive Practices: GeneralIt shall be an unfair or deceptive act or practice, in violation of M.G.L. c. 93A, § 2, for an operator:
(1) to impose, through any rule or occupancy agreement, any unreasonable, unfair, or unconscionable restriction governing the rental or occupancy of a manufactured home site;(2) to impose any rule, or term or condition of occupancy, or to otherwise take action, that conflicts with any applicable provision of 940 CMR 10.00, M.G.L. c. 140, §§ 32A through 32S, or other applicable law. Any such rule, term, or condition shall be void and unenforceable;(3) to fail to comply with any applicable provision of M.G.L. c. 140, §§ 32A through 32S, 940 CMR 10.00, or any other local, state or federal statute, rule or regulation which generally or specifically provides protection to or for residents or prospective residents of manufactured housing communities;(4) to enforce any rule that has not been approved by the Attorney General and the Secretary, unless the rule is conditionally in effect pursuant to M.G.L. c. 140, s. 32L(5) and 940 CMR 10.04(3);(5) to fail or refuse to inform a tenant or prospective tenant in writing of the fact that the community has rules or regulations, and to fail or refuse to furnish a copy of all such rules, printed in clear and conspicuous type, to the tenant or prospective tenant;(6) to fail or refuse to inform a tenant in writing that the Attorney General has promulgated regulations relating to the conduct of manufactured housing communities, and to fail to make available for resident inspection a copy of 940 CMR 10.00, either at the office of the manager on the site, or where the rules and regulations are otherwise posted pursuant to M.G.L. c. 140, § 32D;(7) to impose, where the community is under the jurisdiction of a duly promulgated rent control statute, ordinance, by-law, or regulation, any rent increase or additional fee, or to attempt to evict any tenant, except as permitted pursuant to such rent control law;(8) to increase a tenant's rent or other fee, or change the terms or conditions of a tenancy, notwithstanding any provision in 940 CMR 10.00 that would permit the imposition of a fee or restriction in the absence of a controlling occupancy agreement, except as permitted: (a) under the occupancy agreement,(b) under M.G.L. c. 186, § 12 with respect to a tenancy at will, or(c) in accordance with any applicable rent control law;(9) to sell a home, or to approve a prospective resident's application for residency in conjunction with the sale of a home within the community, without disclosing that the operator intends to issue, or has actually issued, a notice of discontinuance to residents; or(10) to fail to make the disclosures required under 940 CMR 10.03(4) when offering a new tenancy to any prospective or existing tenant.