Mass. Gen. Laws ch. 186 § 17A

(d) Nothing in this section shall: (1) restrict a provider from initiating an eviction proceeding under chapter 239 if the department fails to conduct a timely hearing pursuant to paragraph (3) of subsection (c); (2) apply to any facility for the care and treatment of mentally ill or mentally retarded persons or to restrict the temporary removal of an occupant under section 12 of chapter 123; (3) apply to a continuing care facility as defined in paragraph (u) of section 1 of chapter 40D or a facility as provided in section 71 of chapter 111; (4) diminish the rights of a lawful occupant of an assisted living facility; or (5) diminish or alter any other occupant rights or privileges not specifically set forth in this section.

(e) The superior court, housing court and district court departments shall have jurisdiction to enforce this section and the department may be made a party to an action brought pursuant to this section.