Kingston, Mass., Code of Bylaws ch 440 § 440-5
Adjustment of maximum rent (Kingston Manufactured Home Park Regulations)
Operative Text
A. The Board shall, by order or regulation as provided in § 440-6 , make such individual or general adjustments, either upward or downward, of the maximum rent established by § 440-3 for any manufactured housing community accommodation as may be necessary to remove hardships, correct inequities for both owner and tenant, and make adjustments for capital improvements/equipment and in so doing shall observe the principal of maintaining rents at levels which will yield to owners a fair net operating income for such manufactured housing community accommodation. B. The Board by regulation may establish further standards and rules consistent with the foregoing. The Board may promulgate a schedule of standard rental increases or decreases for improvement or deterioration in specific services and facilities. C. Notwithstanding any other provision of this section, the Board may refuse to grant an upward adjustment of maximum rent if it determines that the affected manufactured housing community accommodation does not comply with the State Sanitary Code or the Town of Kingston Code or any other applicable code, ordinance or state law regulating the conditions of housing accommodations, and if it determines that such lack of compliance is due to the failure of the owner to provide normal and adequate repairs and maintenance. The Board may refuse to make a downward adjustment of maximum rent if it determines that the tenant is more than 30 days in arrears in payment of rent unless such arrearage is due to a withholding of rent under the provisions of MGL c. 239, § 8A , or if the tenant is insubstantial violation of any enforceable rule of the manufactured housing community or if the tenant is in violation of any laws or bylaws which protect the health and safety of other manufactured housing community residents.
Kingston, Mass., Code of Bylaws CH. 440 § 440-5 establishes a framework under which the Kingston Rent Control Board may raise or lower the maximum rent for manufactured housing community accommodations. Adjustments can be made individually or across the board, with the guiding principle that rents should yield a fair net operating income for owners while also protecting tenants from inequity. The Board retains authority to refuse upward adjustments when a property fails to meet applicable housing codes due to owner neglect, and to refuse downward adjustments when a tenant is more than 30 days behind on rent or is violating community rules or laws protecting other residents' health and safety.
Plain English — not legal advice.
Under CH. 440 § 440-5, operators of manufactured housing communities in Kingston should be aware that the Board evaluates rent adjustment requests against a standard of fair net operating income, taking into account capital improvements, service levels, and maintenance quality. A compliant operator generally keeps the property in conformance with the State Sanitary Code, the Town of Kingston Code, and all other applicable housing regulations, since documented code violations attributable to owner neglect can result in the Board refusing an upward rent adjustment. Owners typically maintain thorough records of repairs, capital improvements, and maintenance activities to support any petition for an upward adjustment before the Board.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 440 § 440-5 gives tenants in Kingston manufactured housing communities a meaningful protection: the Board may deny an owner's request for a rent increase if the accommodation is out of compliance with applicable housing or sanitary codes because the owner has failed to provide adequate maintenance. Tenants who believe their community falls short of code standards may raise that issue before the Kingston Rent Control Board as part of any rent adjustment proceeding. Tenant-rights organizations and legal aid resources can help residents understand how to document conditions and participate in Board proceedings under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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