Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 10.00 - Manufactured Housing Community Regulations › Section 10.01 - Definitions

Current through Register 1525, July 5, 2024
Act
: shall mean M.G.L. c. 140, §§ 32A
				through 32S, as amended and supplemented from time to time.
Basic Utilities
: shall mean those utility services
				listed in
				940 CMR
				10.05(4).
Clear and Conspicuous Type
: shall mean printed
				typeface no smaller than 12 point print.
Common Areas and Facilities:
shall mean all land
				areas and facilities in a manufactured housing community, except manufactured
				homes, manufactured home sites, and areas and facilities that are specified in
				the occupancy agreement or the written community rules as not available for
				common use by residents. Common areas and facilities shall include, without
				limitation, community roads, common parking areas, common storage areas, common
				walkways, community social, recreational and operational facilities, and
				utilities other than those located on a manufactured home site.
Cooperative
: shall mean a manufactured housing
				community where the land underlying the community is cooperatively owned by at
				least 51% of the community manufactured home owners.
Fair market rental rates:
shall mean the rental
				rates that would be charged in the market between a willing owner of a
				manufactured housing community and a willing prospective tenant seeking initial
				residency in the community, each acting freely and without compulsion or
				collusion, for the manufactured home site in question. This definition is not
				intended to replace or supersede any applicable rent control laws and, with
				respect to manufactured housing communities that are subject to rent control,
				"fair market rental rates" shall mean the rates established pursuant to such
				laws.
Federal Fair Housing Act:
shall mean 42 U.S.C.
				§§ 3600
et seq
. and regulations promulgated
				thereunder.
Guest
: shall mean a person who resides in a home
				for fewer than 90 days in any 12 month period.
Licensee
: shall mean an operator who holds a
				current manufactured housing community license from the local board of health
				under M.G.L. c. 140, § 32B.
Manufactured Home:
is defined in M.G.L. c. 140,
				§ 32Q.
Manufactured Home Dealer
: shall mean a person
				engaged in the business of selling manufactured homes to retail
				customers.
Manufactured Home Site:
shall mean the land within
				a manufactured housing community on which a manufactured home and appurtenances
				are or may be located and over which a tenant has possessory or other rights or
				interests.
Manufactured Housing Community:
shall have the
				meaning assigned in M.G.L. c. 140, § 32F.
Non-Discriminatory Rent Increase
: shall mean
				proposed rental increases, to the extent permitted by occupancy agreements,
				that are apportioned equally among similarly situated tenants in the
				community.
Occupancy Agreement:
shall mean any written
				agreement, including but not limited to a lease, a license, or a tenancy at
				will, and any amendment, renewal or extension thereof, for use or occupancy of
				a manufactured home site, common areas, facilities, and other appurtenant
				rights.
Operator
: shall mean a person who directly or
				indirectly owns, conducts, controls, manages, or operates any manufactured
				housing community, and his/her agents or employees.
Person
: shall mean any individual or entity
				described in M.G.L. c. 4, § 7, twenty-third.
Personal Motor Vehicle:
shall mean any automobile,
				van, truck, motorcycle, or motor bicycle as defined under M.G.L. c. 90, §
				1, that is for personal use by a resident, whether or not it is also used to
				conduct a trade or business, except for vehicles with two or more axles with a
				gross weight exceeding 8,600 pounds.
Qualifying Retirement Community:
shall mean a
				manufactured housing community that qualifies for exemption from the age
				discrimination prohibitions contained in M.G.L. c. 151B and the familial status
				discrimination prohibitions contained in the Federal Fair Housing Act because
				it meets either the definition of "55-or-over-housing" or "62-or-over-housing"
				as provided for in the Federal Fair Housing Act.
Reasonable Insurance Requirement:
shall mean an
				amount and type of required insurance coverage that is reasonably correlated to
				the nature, scale and probability of the potential loss and does not exceed the
				then-prevailing average amount or type of coverage that is customarily required
				of vendors of the particular goods or services being supplied in the area where
				the manufactured housing community is located.
Resident:
shall mean any person who normally
				resides in a manufactured home in a manufactured housing community, regardless
				of whether or not he or she has an occupancy agreement with the
				operator.
Rule
: shall mean any written or unwritten rule,
				regulation, or policy imposed by an operator that governs procedures, conduct,
				or standards within the manufactured housing community, including without
				limitation procedures for the screening and approval of prospective
				residents.
Secretary
: shall mean the Secretary of the
				Executive Office for Communities and Development.
Tenant
: shall mean a person who has an occupancy
				agreement or oral tenancy agreement with an operator for the use and occupancy
				of a manufactured home site, common areas, facilities, and other appurtenant
				rights.
Tenants' Association:
shall mean any association
				of which the operator has notice and which represents at least 51% of the
				tenants in a manufactured housing community.