Tenancy Protections

(1) Residency Agreement. It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence to enter into or attempt to enter into a Residency Agreement with a Resident that does not comply with the Residency Agreement requirements of M.G.L. c. 19D, § 14 and 651 CMR 12.08(2). (2) It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence to enter into or attempt to enter into a Residency Agreement with a Resident that: (a) violates any law intended for the protection, safety and well-being of tenants; (b) fails to state Clearly and Conspicuously in the rental agreement the conditions upon which an automatic increase in Rent or Fee for Service shall be determined; (c) contains a penalty clause not in conformity with the provisions of M.G.L. c. 186, § 15B; or (d) contains a tax escalator clause not in conformity with the provisions of M.G.L. c. 186, § 15C. (3) Arbitration. It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence to fail to disclose, both orally and in writing, to the Resident and, if applicable, their Legal Representative: (a) the existence of any arbitration provision within any document they are presented with to sign; and (b) the impact of signing any arbitration agreement, including but not limited to the fact that the Resident may be forfeiting their right to a jury trial, and their right, as a consumer, to prosecute a claim under M.G.L. c. 93A in court, and that, instead, the Resident may be required to submit to mandatory arbitration to prosecute any such claim. (4) Residential Units. It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence: (a) to rent a Unit to a Resident that, at the inception of the Resident's tenancy, contains a condition which amounts to a violation of law which may endanger or materially impair the health, safety, or well-being of the Resident, or is unfit for human habitation; (b) to fail, after notice is provided in accordance with M.G.L. c. 111, § 127L to remedy a violation of law in a Unit which may endanger or materially impair the health, safety, or well-being of the Resident, or maintain the Unit in a condition fit for human habitation; (c) to fail to disclose to a prospective Resident the existence of any condition amounting to a violation of law within the Unit of which the Assisted Living Residence had knowledge or upon reasonable inspection could have acquired such knowledge at the start of the tenancy; (d) to represent to a prospective Resident that a Unit meets all requirements of law when, in fact, it contains violations of law; (e) to fail to make repairs in accordance with a pre-existing representation made to the Resident within a reasonable time after receipt of notice from the Resident; (f) to fail to comply with the State Sanitary Code or any other law applicable to the conditions of a Unit within a reasonable time after notice of a violation of such code or law from the Resident or a local or state agency; (g) to retaliate or threaten to retaliate in any manner against a Resident for exercising or attempting to exercise any legal rights as set forth in M.G.L. c. 186, § 18; or (h) to violate willfully any provisions of M.G.L. c. 186, § 14. (5) Security Deposit. It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence, (a) at or prior to the commencement of any Resident's tenancy, to require a Resident or prospective Resident to pay any amount more than is authorized by M.G.L. c. 186, § 15B and, if applicable, an assessment Fee to cover the cost of the initial assessment and intake required by651 CMR 12.04: General Requirements for an Assisted Living Residence, unless the Resident is eligible for the medical assistance program under M.G.L. c. 118E. (b) to fail to keep and maintain any funds collected as last month's Rent or Security Deposit in accordance with the requirements of M.G.L. c. 186, § 15B. (6) Eviction. It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence: (a) to fail to comply with M.G.L. c. 186 and M.G.L. c. 239 in any dispute or action to evict a Resident; (b) to deprive a Resident of access to or full use of the Resident's assigned Unit or otherwise exclude the Resident without first obtaining a valid writ of execution for possession of the premises as set forth in M.G.L. c. 239 or such other proceedings authorized by law, or for the purposes of addressing an urgent health or safety issue related to the Unit; (c) to commence summary process for possession of a Unit before the time period designated in the notice to quit under M.G.L. c. 186, §§ 11 and 12, has expired; provided, however, nothing in 940 CMR 40 shall affect the rights and remedies contained in M.G.L. c. 239, § 1A; (d) to issue a notice to quit under M.G.L. c. 186, § 11 for any unpaid charges other than Rent; or (e) to include in any notice to quit or summary process complaint a demand for any payments other than for Rent. Such a demand may not include attorney's fees, expenses, penalties, costs, or Fees of any kind.