Massachusetts Rules for Pass-Through Utility Charges in Mobile Home Parks

If you rent a mobile or manufactured home lot in Massachusetts, you may have questions about what charges your park operator can legally require—especially when it comes to utilities like water, gas, and electricity. Understanding your rights regarding pass-through utility charges is important for protecting your household budget and avoiding unfair fees. This guide explains what pass-through utility charges are, how they are regulated in Massachusetts, and what to do if you have concerns as a renter.

What Are Pass-Through Utility Charges?

Pass-through utility charges refer to costs that the park owner pays to a utility provider (like water, electricity, or sewer) and then bills directly to tenants, often based on usage or allocation. These are separate from rent and may show up as line items on your monthly statement.

Massachusetts Law on Utility Charges in Mobile Home Parks

In Massachusetts, the laws regulating rental of mobile home lots are found in Massachusetts General Laws Chapter 140, Section 32A, as well as related regulations. Rent, fees, and pass-through utility charges are all subject to specific requirements and protections.

• Transparency Required: Park owners must clearly state all charges, including utility passthroughs, in your written lease or rental agreement.
• Prohibition on Unreasonable Fees: State law restricts mobile home park owners from collecting charges beyond what is allowed by regulation—including excessive or arbitrary utility fees.^[1]
• Utility Submetering: If your park uses submeters to track your actual utility use, your landlord must follow Department of Public Utilities (DPU) rules and provide fair allocations.^[2]

If a utility is not separately metered, and you are being charged for shared services, those methods must be fair and documented. Utility costs that are included in your lot rent may not be passed through as extra fees unless allowed in your written lease and in accordance with Massachusetts law.

Required Forms and Processes

As a renter, you should always receive a written rental agreement that describes every charge, including how utilities are billed. Massachusetts requires the use of specific lease disclosure forms for manufactured housing communities:

• Summary of Rights and Obligations Under M.G.L. c. 140, §§ 32A-32S
  When and how: Provided to every new or renewing tenant. Explains your basic rights and expected park rules.
  Read the official Summary of Rights and Obligations
• Written Rental Agreement (Lease)
  When and how: Signed at the start of your tenancy and for renewals. Should specify utility billing terms.
  Leases and park rules information

If you believe you are being charged incorrectly, you can file a complaint with the Massachusetts Department of Consumer Affairs and Business Regulation or, for billing disputes, the Department of Public Utilities.

Tribunal Handling Tenancy Disputes

For legal disputes between renters and mobile home park operators, the Massachusetts Housing Court is the official tribunal that handles residential tenancy cases, including those related to manufactured housing communities.

What To Do If You Have a Utility Charge Problem

If you are unsure about a pass-through utility fee, consider these action steps:

• Request a copy of your current lease and any fee schedule
• Ask your park manager for a breakdown of the utility charge calculation
• Review the section of the lease that discusses utilities, and compare it to your monthly bill
• Contact the Manufactured Housing Section at the Department of Housing and Community Development for assistance
• If needed, file a complaint with the Department of Public Utilities regarding billing fairness

FAQ: Pass-Through Utilities in Massachusetts Mobile Home Parks

1. Can my park charge me separately for water, gas, or electricity?
   Yes, if your lease allows for it and the charges are based on your actual use (submetered) or a fair allocation method, and if utilities are not already included in your lot rent.
2. What should I do if a park charges me more than actual utility cost?
   Request a detailed bill and compare to your lease. If you suspect overbilling, contact the Department of Public Utilities or Housing Court.
3. Is my landlord allowed to profit from pass-through utility billing?
   No. Park owners may only collect the actual cost paid to utilities, plus any administrative fee permitted by Massachusetts law and disclosed in your rental agreement.
4. Are there protections if I refuse to pay a questionable utility bill?
   You cannot be evicted or penalized just for disputing a charge. Disputes must be resolved according to legal procedures with proper notice.
5. Who oversees complaints about mobile home park utility fees?
   The Massachusetts Department of Public Utilities handles utility billing disputes, while the Housing Court addresses tenancy and lease-related issues.

Conclusion: Key Takeaways for Renters

• Pass-through utility charges must be stated in your lease and calculated fairly
• You have a right to an explanation of any fees and to challenge improper billing
• Massachusetts provides clear processes and forms to protect renters in manufactured housing communities

Review your lease carefully, stay informed about your rights, and reach out to state resources for support when needed.

Need Help? Resources for Renters

• A Guide to Manufactured Housing Communities (MA.gov)
• Manufactured Housing Consumer Information
• Massachusetts Department of Public Utilities – Utility billing complaints
• Massachusetts Housing Court – Tenancy and dispute resolution
• Department of Consumer Affairs and Business Regulation

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1. See Massachusetts General Laws Chapter 140, Section 32A (Tenancy Rules for Manufactured Housing Communities).
2. See Department of Public Utilities Guidance on Submetering and Utility Billing.

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