Cal. Civ. Code § 3.16
General
Operative Text
Without limiting the scope of any other rule, regulation or statute, an act or practice is a
violation of M.G.L. c.93A, § 2 if:
(1) It is oppressive or otherwise unconscionable in any respect; or
(2) Any person or other legal entity subject to this act fails to disclose to a buyer or prospective
buyer any fact, the disclosure of which may have influenced the buyer or prospective buyer not
to enter into the transaction; or
(3) It fails to comply with existing statutes, rules, regulations or laws, meant for the protection
of the public's health, safety, or welfare promulgated by the Commonwealth or any political
subdivision thereof intended to provide the consumers of this Commonwealth protection; or
(4) It violates the Federal Trade Commission Act, the Federal Consumer Credit Protection Act
or other Federal consumer protection statutes within the purview of M.G.L. c. 93A, § 2.Section 3.16 of 940 Mass. Code Regs. 3.00 sets out four broad categories of conduct that constitute an unfair or deceptive act or practice under Massachusetts General Laws chapter 93A, § 2. A practice can violate this rule if it is oppressive or unconscionable, if it involves withholding information that might have caused a buyer to walk away from a deal, if it fails to comply with public health or safety laws, or if it runs afoul of federal consumer protection statutes. This provision is intentionally broad and does not replace other rules — it supplements them, meaning conduct can be unlawful under multiple overlapping standards at once.
Plain English — not legal advice.
Property owners and managers operating in Massachusetts should be aware that 940 Mass. Code Regs. 3.00 § 3.16 casts a wide net over rental and sales transactions. Compliant operators generally disclose all material facts about a property that could influence a prospective buyer or tenant's decision, ensure their practices align with applicable health, safety, and welfare regulations, and avoid terms or tactics that could be characterized as oppressive or unconscionable. Because this regulation also incorporates federal consumer protection standards, operators typically review both state and federal requirements when evaluating their leasing or sales practices.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 940 Mass. Code Regs. 3.00 § 3.16, tenants and buyers in Massachusetts may have protections if a landlord or seller engaged in conduct that was unconscionable, withheld material information, violated public health or safety laws, or breached federal consumer protection standards. A violation of this provision can give rise to a claim under M.G.L. c. 93A, which may allow for multiple damages and attorney's fees in certain circumstances. Individuals who believe they have experienced such conduct can explore options such as filing a complaint with the Massachusetts Attorney General's Office, raising a c. 93A violation as a defense or counterclaim in housing proceedings, or consulting a tenant-rights organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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