Appeals court probes whether AG regulation bars passing sewer upgrade costs to Chicopee mobile-home tenants

BOSTON — The Massachusetts Appeals Court on Monday heard argument in Dan v. City of Chicopee over whether state attorney general regulations and Chapter 93A bar a mobile-home park owner or the Chicopee Mobile Home Rent Control Board from including sewer upgrade and related betterment costs in a rent increase for residents of Bluebird Acres Mobile Home Park.

At oral argument, the three-justice panel — Justice Greg Massing, Justice Englander and Justice DeAngelo — pressed attorneys on how to reconcile a statute that requires rent-control boards to allow “all reasonable operating expenses” with attorney general regulations, 940 CMR 10.032(m), that describe seeking to recover some sewer upgrade or repair costs as an unfair and deceptive practice. The court identified the key issues as whether the attorney general regulation conflicts with the special act governing mobile-home rent control and whether the challenged charges are operating or capital expenses.

Dan Ordarica, attorney for plaintiffs Catherine Dent and Cindy DeLong, told the court the case is “about a bait and switch.” Ordarica argued the park owner “knew for over 12 years” that the park’s septic system was out of compliance with Department of Environmental Protection requirements and continued to rent lots without informing buyers they could face large rent increases…