In a significant session of the Massachusetts Appeals Court held in Boston, justices addressed a pressing case concerning mobile home residents in Chicopee. The case, identified as 24p857, pits two residents, Catherine Dent and Cindy DeLong, against the City of Chicopee's Mobile Home Rent Control Board.
The core issue revolves around allegations of unfair business practices by the park's owner, who is accused of failing to inform tenants about serious compliance issues with state environmental regulations. According to the residents' attorney, Dan Ordarica, the park owner knowingly rented out lots for over a decade without disclosing that the park was not in compliance with Title 5 regulations governing sewer systems. This lack of transparency has led to a situation where tenants could face substantial rent increases mandated by the Department of Environmental Protection (DEP) after the park was ordered to comply with these regulations.
Ordarica emphasized that this situation constitutes a "bait and switch" tactic, which he argues violates the Attorney General's regulations against unfair and deceptive business practices. The case is particularly significant as it could set a precedent for other tenants in similar situations, potentially leading to a class action suit if the residents prevail.
The justices, led by Justice Greg Massing, along with Justices Englander and DeAngelo, expressed interest in the procedural aspects of the case, noting that while the current representation is for just two tenants, a successful outcome could pave the way for broader legal action on behalf of other affected residents.
This case highlights ongoing concerns about tenant rights and the responsibilities of mobile home park owners in Massachusetts, reflecting a growing need for transparency and fairness in housing practices. As the court deliberates, the outcome could have lasting implications for mobile home residents across the state, emphasizing the importance of regulatory compliance and tenant protection in the housing market.