This afternoon the Senate Committee on Human Services amended HB2004A with a dash 9 amendment that DOES NOT include rent stabilization, rent control or the elimination of the preemption of local...
We are in the home stretch of the 2017 Oregon Legislative Session. The target adjournment date is June 23rd, the constitutional deadline for adjournment is July 10th. The actual date will fall somewhere between the two - most likely in late June. Significant...
Tony Petosa and Nick Bertino - Wells Fargo Multifamily Capital...
We are now well into the second half of the 2017 Oregon Legislative Session. There finally is some good news – most of the bad legislative proposals that MHCO has been tracking have been defeated. There are four remaining bills – two...
There are several significant deadlines in the Oregon Legislature that start to willow down the life span of legislative proposals. The first of these deadlines was last Friday, April 7th. As of midnight on last Friday any bill in a committee in the chamber of origin (Senate bills...
By Zach Koucos
Director, Holliday, Fenoglio, Fowler (HFF)
The second half of 2016 and early 2017 signaled a great amount of uncertainty regarding the future of fiscal and regulatory policy in the United States. While everyone is trying to figure out what the impacts of policy...
We are now into the fifth week of the 2017 Oregon Legislative Session.
By: Arthur Grebow, founding partner of Grebow and Rubin, LLP
There is an old Chinese curse which says: “May you live in interesting times.” While sometimes taken as a blessing, it is in fact a curse. It is used usually with the clear implication that uninteresting...
...“I Used Pot Like Three Weeks Ago, Dude” ~ A Proposed Oregon Law Would Protect Off-the-Job Marijuana UseFebruary 6, 2017Oregon will launch a new Manufactured Home Ownership Document System (MHODS) on Feb. 1 Attend a free one-hour online training on January 30 or 31January 27, 2017
The Oregon Building Codes Division (BCD) will launch a new online Manufactured Home Ownership Document System...January 23, 2017
Escrow/Title Companies and Manufactured Home Dealers:
The Oregon Building Codes Division (BCD) is moving toward launching a new online Manufactured Home Ownership Documents System (MHODS) with a projected "go-live" date of Feb...December 13, 2016
Vicki Coons is with Complete Mobile Home Sales and generously agreed to share this article with MHCO Members. Her contact information is listed below. MHCO is always excited to showcase an MHCO Associate Member.
At some point, you’ll feel ready to settle down and start a...November 14, 2016
Last Tuesday, voters elected Donald J. Trump (R) as the 45th...September 27, 2016September 13, 2016
Good evening everyone. This story just broke in "The Oregonian" this evening. We have been talking about this since the February 2016 Legislative Session. Clearly this is a brutal reality that we...September 7, 2016...July 27, 2016
Editor's Note: This article appeared in the "Oregonian" earlier this week. Although the article's focus is Seattle and Portland and apartment rent this debate on rent will likely generate several rent control bills in the 2017 Oregon Legislature that will likely...Bill to Reform Federal Housing Assistance Programs Sent to President - Includes Provision to Support Purchase of Manufactured HomesJuly 26, 2016
Before adjourning for the summer recess last week, the U.S. Senate passed H.R. 3700, the Housing Opportunity Through Modernization Act (HOTMA), which includes language allowing Section 8 vouchers to be used for the purchase of manufactured homes. MHI was a part of a...July 13, 2016
Political Lay of the Land for Oregon Business Community in 2016 - It is Not Pretty
IP28 – Business Tax Initiative will be the big driver of this year’s election. May cost the business community $22 million to defeat. Dilemma for business community is we...July 11, 2016
Editor's Note: Recently came across this article. Although it pertains to Seattle this could just as easily happen in Salem, Medford, Bend or Newport. Make sure you know your Fair Housing Laws!!
The Seattle Office for Civil Rights...June 14, 2016
What is this thing called Marketing?
Let’s first look at what Webster has to say about the meaning of “marketing” – (1) the act or process of buying and selling in a market; and (2) the commercial functions involved in transferring goods from producer to...May 12, 2016
MHCO has uploaded a revised Form 1 (Resident Application) and a completely new Form 1A. MHCO created the additional form (Form 1A) to accompany the general application (Form 1) to be used if the applicant reports any criminal history. These changes will go a long way in complying with the HUD...April 25, 2016
By: Phillip C. Querin, MHCO Legal Counsel
The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted. Here are some tips for developing a set of...April 5, 2016
The Department of Justice has announced a settlement of a case involving an Indiana manufactured home community for violations of the federal Fair Housing Act. The $130,000 fine settles a federal lawsuit filed in May 2015, wherein the owner of a 173-lot manufactured home community in Crown Point...March 30, 2016
By: Tony Petosa, Nick Bertino, and Erik Edwards of Wells Fargo Multifamily Capital
Despite a turbulent start to 2016, with the capital markets roiling from weakness in China and a downward spiral in oil and...Justice Department Settles Housing Discrimination Lawsuit - $40,000 Against Owner Mobile Home and Recreational Vehicle ParkMarch 21, 2016
The Justice Department announced today that Thomas Mere, the owner and operator of Mere’s Mobile Home and Recreational Vehicle Park in North Fort Myers, Florida, has agreed to pay $40,000 to resolve allegations that he discriminated against African Americans in violation of the...MHCO Legislative Update - Tentant Protection Bill (HB 4143) Passess Senate - On To Oregon Governor - 2016 Legislature AdjornsMarch 8, 2016
Last night the Oregon Senate passed HB 4143 the “Tenant Protection” bill. The bill is now on its way to Oregon Governor Kate Brown.
‘The Oregonian’ reports –
“… the 16-9 vote came late Wednesday, with several senators declaring conflicts of interest because they or their family...February 29, 2016
Since the last “MHCO Legislative Update” last week there has been significant progress in moving the “inclusionary zoning” bill (SB 1533) and the “tenant protection” bill (HB 4143).
No hostile amendments have been added to either bill. At one point the...February 25, 2016
Good morning. This has been a very busy week in the Oregon Legislature as we head into the home stretch of the 2016 Oregon Legislative Session.
The “Renter Protection” bill (HB 4143) passed out of the Oregon House on Tuesday and is now in the Senate Rules Committee....February 19, 2016
Bullard Law - 503.248.1134 or on the web at...February 17, 2016
We are now approaching the halfway point in the 2016 Oregon Legislative Session. We are starting to get a much better sense of what legislative proposals are moving forward and which ones will likely remain in committees and not see the light of day until perhaps the next legislative session in...February 11, 2016
We are now in day 9 of the 2016 Oregon Legislative Session. Today is a major milestone for the session - after today House Bills NOT passed out of House Committees (and likewise Senate Bills in Senate Committees) are considered dead and will have to be reintroduced in the 2017 Legislative...February 9, 2016
Good morning! We are now on day 7 of the 2016 Oregon Legislative Session – 28 days left.
MHCO has been monitoring several bills. The most significant is HB 4143, now referred to as the “renter protection bill”. This bill is the legislature’s response to the...February 3, 2016MHCO Legislative Update - The 2016 Legislative Session Begins This Monday – MHCO’s Legislative List “The Good, The Bad and The Ugly”January 28, 2016
The “short” session of the legislature begins this coming Monday, February 1st, 2016 and will be in session for 30 days. The constitutional amendment passed by Oregonians intended for the “short” session to take up necessary budget emergencies, rebalance spending and to make needed...December 24, 2015December 14, 2015
By: Phil Querin, MHCO Legal Counsel
Current Oregon Law. ORS 90.680 is the statute governing the on-site sale of homes in a manufactured housing community. It previously contained no limitations...November 17, 2015Phil Querin Article: Portland City Code: Portland Renter Protections - Will It Apply to Manufactured Housing Communities and Moorages?November 5, 2015
Update: Last week the MHCO Board decided unanimously to make a major contribution to "Say No To Rent Control". This coalition will be working to overturn the new Portland City Code. The MHCO Board...Portland Passes 90 Day "No Cause" Eviction - Changes to Rent Notification - Stage Set for Major Push for Rent ControlOctober 16, 2015Yesterday the Portland City Council followed through with there their to change "no cause" eviction notices and the length of time required for...September 22, 2015With the 2015 Oregon Legislative Session over, local government has taken up the campaign for greater regulation of rental property and more...September 10, 2015
Financing Your Community
By: J. DiMarco and Gerard D. DiMarco
Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of...August 5, 2015
By: Ken Pryor, Program Coordinator, Oregon Housing & Community Services, Manufactured Communities Resource Center
To anyone that owns or manages a manufactured home park, conflict is a given, a part of the landscape and as common as breathing....July 8, 2015
Earlier this week the 2015 Oregon Legislative Session adjourned. This session was notable for two reasons – the first for passing MHCO’s long awaited changes eliminating past due taxes on abandoned homes and the second for the tenacity of rent control to raise it’s head in...June 3, 2015Yesterday, Oregon Governor Kate Brown signed the coalition bill (HB 3016). The abandonment/past due tax portion of the bill will go into effect on January 1, 2016....May 20, 2015
This morning the Oregon State Senate passed the 2015 Landlord-Tenant Coalition Bill on a vote of 29-0 with one Senator absent. The bill now moves on to Governor Kate Brown’s desk for signature.
MHCO is THRILLED that a long standing legislative...April 22, 2015
The last two weeks in the Oregon Legislature have been hectic. Yesterday was the deadline for bills in their originating chamber to move out of that chamber. In other words, House bills need to be out of House Committees and Senate bills had to be out of the Senate. This...April 21, 2015
On Monday morning the Oregon House of Reprentatives unanimously passed HB 3016 - the manufactured home landlord-tenant bill. This legislation contains the elimination of past due property taxes on an...Legislative Update - Coalition Bill Passes Key Legislative Hurdle - Rent Control Discussion is Back!April 14, 2015
Yesterday afternoon the coalition bill (HB 3016) passed out of the House Human Services and Housing Committee late yesterday afternoon on a unanimous vote. Representative Parrish (R - West Linn) will carry the bill. I expect the bill to pass out of the House...March 26, 2015
H.R. 650 Clears...March 10, 2015
On Monday, March 9th the Oregon House Revenue Committee held a Public Hearing and Work Session on HB 3016 - also known as the Manufactured Housing Landlord Tenant Coalition Bill. The House Revenue Committee voted unaminsously to pass the bill to the House Human Services and Housing...Landlord - Tenant Coalition Negotiations Concluded - MHCO Board of Directors Unanimously Vote To Support ProposalFebruary 16, 2015
Last week the Manufactured Housing Landlord Tenant Coalition held it’s final meeting. Some changes were made to the “In Park Sales Conflict” issue but the other three issues remained substantially unchanged from our meeting in January.
The MHCO Board of Directors...Legislative Update - Jan 2015 - Unpaid Taxes on Homes - Habitability - In Park Sales Conflict - House KeepingJanuary 27, 2015
The 2015 Oregon Legislative Session convened this month with House and Senate Committees beginning their work the first week in February. There are a wide variety of issues the Oregon Legislature will be dealing with – many being repeats from previous sessions such as education funding and...Legislative Update December 2014 - Sale Homes in Community Landlord Tenant Conflict - Habitability Under Space - Political Reality CheckDecember 22, 2014
The Manufactured Housing Landlord–Tenant Coalition met again this month to discuss a number of issues as we head into the 2015 Oregon Legislative Session that is just over a month away.
...December 3, 2014
OREGON’S 2011 SUBMETERING LAW
B...December 1, 2014
The Fair Housing Act (“FHA”) was passed in 1968, and has been an important fixture in the law ever since....November 13, 2014
The Manufactured Housing Landlord Tenant Coalition met earlier this week to continue negotiations on a variety of issues. Here is a summary of what is moving, what is not and what still needs to be discussed as we prepare for the 2015 Oregon Legislative Session.
...November 3, 2014
Last week MHCO met with representatives of the Oregon county tax assessors and successfully negotiated the elimination of abandoned home back taxes.
For those you who have been following this issue – earlier this year MHCO set out to make...September 18, 2014
The Manufactured Housing Landlord – Tenant Coalition (negotiations) convened again the end of last month (August 2014) to further discuss a number of issues that may potentially be adopted into legislation in 2015. Here is a summary of the latest developments on several key issues....August 10, 2014
Last month the manufactured housing landlord-tenant coalition met to continue discussing issues in preparation for the 2015 Oregon Legislative session. As mentioned earlier, the coalition is a group of manufactured housing community interests – tenant organizations, landlord associations,...June 22, 2014
If you’re a landlord, you may use consumer reports to evaluate rental applications – as long as you follow the provisions of the Fair Credit Reporting Act (FCRA). The FCRA is designed to protect the privacy of consumer information report information and to guarantee that the information supplied...June 9, 2014
Last month the 2014-15 Manufactured Housing Landlord-Tenant Coalition held it’s first meeting in preparation for the 2015 Oregon Legislative Session. The “coalition” meets once a month to discuss issues impacting manufactured home communities and has drafted legislation for each of the past...June 9, 2014
This week the Manufactured Home Community Landlord-Tenant Coalition. Below are some of the issues MHCO is putting forward as our "Legislative Wish List" for the upcoming Oregon Legislative Session in 2015. Many of these concepts will not become Oregon Law or will take several Legislative...May 29, 2014
Fair housing law prohibits housing providers and the media from printing or publishing an advertisement that indicates a preference, limitation, or discriminates based on a protected class. Currently state and federal law protects people from housing discrimination based on an individual's race...May 22, 2014
The House Financial Services Committee Passes Bipartisan Legislation to Protect the Availability of Financing for Manufactured Homes (Editor's Note: As mentioned in the earlier article with the passage of similar legislation pending in the US Senate, MHCO is working with the Oregon Congressional...May 16, 2014
Senate Banking Committee Approves GSE Reform Bill
(Editor's Note: MHCO has been working with the Oregon Congressional Delegation to move this Federal Legislaton forward in Washington DC. If you contacts with any of the members or staff of the Oregon Congressional delegation please let...May 1, 2014
Do I need a license to sell manufactured homes?
Yes. Individuals or entities that sell a manufactured home on behalf of another person have always required a license.
If I am a licensed real estate agent, can I sell manufactured homes?
In some cases, real estate brokers will...March 26, 2014
We all know that 80% or more of a community homesites must be occupied by at least one 55+ person, and that documented proof of age must be consistently required to qualify for 55+ status under HOPA. Let’s not forget that the requirements also mandate the re-survey.
What do the...Screening Criteria - Essential to Application Process and Preserving Your Role as the Gate Keeper for Your CommunityMarch 21, 2014
Your “Screening Criteria” is another important document that should be provided to an interested applicant. This is the document that will determine where you draw the line between acceptance and denial. Your “Screening Criteria” is a written statement of the factors the landlord considers in...March 17, 2014
The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These...Comparison of Current Law to Compromise Legislation - (Community Sale Notification Process - Removal of "Right of First Refusal" Language from Current Statute)February 14, 2014
Current Oregon law (adopted in 1989) already requires manufactured home park landlords/owners to notify park residents prior to a sale to another owner and to negotiate a possible sale to the residents. ORS 90.760, 90.800 to 90.840. Unfortunately, both landlord and tenant advocates recognize...February 4, 2014
An owner of a mobile home park allows RVs to stay in spaces within his mobile home park. He has them sign an RV nonresident agreement which states that they are not residents and they sign a set of rules and regulations that are different from what the mobile home residents sign. Over the...July 26, 2013
Statement of Policy
All Oregon manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement....The Truth About Publicly Subsidized "Resident Owned" Communities - Resident and Community Financial RuinJuly 26, 2013
Introduction and Key Issues
Manufactured homes are often clustered into manufactured home communities and in many areas of the country these communities have long faced considerable economic and regulatory impediments that can make expanding the supply of affordable housing more difficult...November 5, 2012
Screening Fees and Notice (See, ORS 90.295)
A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement.
This activity is known as screening,...Rental Application Process (Part 4 of 6): Prospective Applicants & Purchasing Existing Manufactured Home in the CommunitySeptember 27, 2012
Purchaser of Existing Manufactured Home in the Park
When any existing resident intends to sell their manufactured home the resident must do the following:
1. Give the landlord a written 10-day notice of their intent to sell their manufactured home. (Note: The 10 days will run...Rental Application Process (Part 3 of 6): Acceptable Reasons for Refusing and Applicant; Documents to Provide in Denial; Documents Required Upon AcceptanceAugust 30, 2012
Acceptable Reasons for Refusing an Applicant
After the application has been filled out, if you see that it is not complete return it. If you see something that may result in immediate disqualification such as a recent felony conviction that violates your published screening criteria, s,...Rental Application Process (Part 2 of 6): Documents to Provide Prospective Residents; Screening CriteriaAugust 27, 2012
Documents Provided To Prospective Residents
In addition to the Statement of Policy which includes copies of the rules and rental agreement, you should provide the applicant the following:
• Criminal check authorization
• Resident applicant screening fee should be acquired...Rental Application Process (Part 1 of 6): Overview - Rental Application Process - The Rental Application FormAugust 20, 2012
Rental Application Procedures
-Rental Application Process
-The Rental Application Form
As a community manager, you will normally be charged with accepting or rejecting prospective residents. This is one of the most important functions that...MHCO DEFEATS: Rent Control - Mandatory Mediation - Attorney General Enforcement of Landlord-Tenant LawJuly 31, 2012
The 2011 Oregon Legislative Session has now reached the halfway point. MHCO has been successful in defeating a number of particularly bad pieces of legislation. We need to stay engaged and vigiliant as the Legislative Session moves to adjournment in late...July 31, 2012
The long awaited public hearing on HB 3183 - the bill to eliminate local preemption of rent control - was held yesterday morning. About 60-70 MHCO members showed up supporting community owners - the residents had about 10 people and could only muster five people to testify publicly in favor to...July 31, 2012
Attached is a complete final status report of all the legislation MHCO tracked since January 2011. Overall it was a very successful legislative session for owners of manufactured home communities. Please feel free to contact MHCO if you have any questions.July 31, 2012
People are now living long after retirement. According to the 2007 period life table for the Social Security area population, those on the cusp of retirement, ages 55‐64, are expected to live on average 21.34 more years. Living in a manufactured home community represents an ideal lifestyle...July 31, 2012
Why is a mortgage loan originator (“MLO”) license required?
In 2008, the Federal government passed the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) that mandated that states begin licensing mortgage loan originators. The SAFE Act set the minimum...July 31, 2012
One of the most challenging issues facing park owners and managers is the issue of pets. ORS 90.530 outlines the do's and don'ts of pets in manufactured home communities. Here is a summary.
1. Changes in Community Rules or Regulations addressing pets: A resident may keep a pet that is...July 30, 2012
Question: A community’s security camera taped one of the residents one night cutting the line and stealing the camera. The landlord wants to give a 30 day notice. Any issues the landlord should be aware of since it was video-taped? If the accused resident does nothing wrong...July 5, 2012
Question - A tenant’s son has a conviction for sex abuse and is still on parole. He was living with his father in the community until neighbors found out about his conviction and began complaining about his presence because this is a family park with many children. We informed the son’s...June 21, 2012
Question - A landlord is near the end of an abandonment notice. The former resident and owner of the home without notice to the landlord sells the "abandoned" home to another person. Does the landlord have to send a new abandonment notice to the new owner and restart the 60 day clock?...June 4, 2012
Question - A resident moves out of their house but the daughter continues to pay a storage fee and signed a MHCO Storage Agreement. The home is not being occupied by anyone. All storage fees are current. However, no one is maintaining the yard or outside of the home. This is required under...June 1, 2012
Please Note: This form is general in nature, and some provision may not be necessary or appropriate for your community. MHCO recommends that you and your legal
counsel determine which provisions may be appropriate. User acknowledges that MHCO, it’s officers, directors, and legal counsel...April 9, 2012
Question: A home was purchased by a local dealer from a resident who had not paid rent for several months. The dealer then sold the home to another person who applied for tenancy and passed the screening criteria. The landlord wants the past due rent ($900) paid before...January 23, 2012
Question: We just acquired a manufactured home in our community. I would rather sell it to a new tenant, but would consider renting it out or doing a rent-to-own. If I pursue rent-to-own option, will I be subject to the new SAFE Act?
Answer: Remember that the SAFE Act only applies if...January 17, 2012
Question: A resident living alone passed away. It took some time for the estate to get underway because they had to search for heirs. An heir was located and was appointed as Administrator to act on behalf of the estate. Shortly after the resident’s passing, we began...January 3, 2012
Question: We have had to file two consecutive FED Complaints against a resident. The day before the first appearance for each case, the resident tender the rent that was due, although he do not pay the court fees of $115.00. After two months of this, he owes us $230.00. He promises to repay...November 21, 2011
Question: A landlord changed the status of the community from "Family" to "55&Older" in June. Management did not change the rules and regulations. However, they did advertise the community as “55&Older”; identified that status in the community’s Application Criteria; and have met the...October 23, 2011
Question: A landlord recently purchased a manufactured home in his community. He wants to fix the home up and then resell it. Does the landlord have to be a licensed plumber or electrician to do the respective work on the home?
Answer: Yes! It’s one...October 23, 2011
Question: A landlord recently purchased a manufactured home in his community. He wants to fix the home up and then resell it. Does the landlord have to be a licensed plumber or electrician to do the respective work on the home?
Answer: Yes! It’s one thing to be performing repairs on...October 10, 2011
Question: A landlord currently charges a $25 late fee. She wants to increase it to $50. Can she do that and if so, what kind of notice should she give? Also, can she change the late fee from a flat amount to a percentage (e.g. 10%) of rent?
Answer: Here is a summary of ORS 90.260, the...October 6, 2011
Question: A cable company has offered to install all of the equipment and infrastructure for park-wide cable services at no charge. We are to receive a...September 26, 2011
Question: Our community is seeing an increase in the use of “medical” marijuana. Although those using it say they have “cards” permitting them to grow limited amounts, often this limited personal use appears to turn into more than that. We are noticing increasing late night traffic at some...September 12, 2011
Question: In this situation, the landlord (i.e., community owner) owns the manufactured home located on a space in the park. The resident gave a 30-day notice earlier in the month. Rent was paid to the 10th day of the following month. The resident left the home, taking his belongings, but...June 17, 2011
As of July 1, 1992, all manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. Existing tenants...June 17, 2011
QUESTION: I have been informed by a swimming pool company that manufactured housing community owners are now required to provide an accessible means of entry for swimming pools. Is it true that community owners with existing pools will now...April 20, 2011
Before any tenant moves into your community the tenant's file should contain the following information:
- Completed Application
- Signed Rental Agreement. (Resident is to receive a copy)
- Signed Rules and Regulations (Resident is to receive a copy)
- Signed...April 7, 2011
QUESTION: We ran into a problem recently that we were hoping you could answer. In Multnomah County, when we file an eviction (“FED”), we are required to file a document entitled “Declaration of Non-Military, Not Minor or Incapacitated.” This form requires us to select one...March 1, 2011
A landlord may require the payment of a security deposit (ORS 90.295). The landlord may claim from the security deposit only the amount reasonably necessary to:
- Remedy the tenant's defaults in the performance of the rental agreement including but not limited to unpaid rent....March 1, 2011
In the case of the tenant/resident who already occupies a space in a community without a Rental Agreement, a written agreement should be prepared and presented to the tenant for signature. The written agreement should incorporate the basic provisions of the existing oral agreement. If the...March 1, 2011
The required provisions of a rental/lease agreement are covered in ORS 90.510(5). These requirements include:
- Location and approximate size of the space.
- Federal Fair Housing age classification.
- Monthly rent.
- All personal property, services and facilities...March 1, 2011
As a community manager, you will normally be charged with accepting or rejecting prospective residents. This is one of the most important functions that you will perform as a manager of a manufactured home community. Done properly and effectively, the rental application and screening process...March 1, 2011
MHCO Note: At the time of this printing, the Federal Trade Commission still has the effective date for enforcement of the Red Flags Rule as December 31, 2010. Exemptions for specific industries have been granted as late as the first week of December 2010. MHCO and MHI are conducting research...March 1, 2011
When any existing resident intends to sell their manufactured home the resident must do the following:
- Give the landlord a written 10-day notice of their intent to sell their manufactured home. (Note: The 10 days will run parallel with the 7 day application process – i.e. if the...March 1, 2011
Items that are prohibited from a Rental Agreement are covered in ORS 90.245. The following items are prohibited from inclusion in a Rental/Lease Agreement:
- Agreements to waive or forego rights or remedies
- Confessions of Judgement.
- Certain limitations of liability...March 1, 2011
The renting of spaces by manufactured homes in a manufactured home community is governed by the Oregon Residential Landlord and Tenant Act in Chapter 90 of the Oregon Revised Statutes. The Act requires that a written rental Agreement, Statement of Policy and Rules and Regulations be provided to...March 1, 2011
Upon reaching the ending date, fixed term tenancies will automatically renew to a month-to-month tenancy upon the same terms and conditions (except duration and rent).
In order to renew or extend a fixed term tenancy, (and avoid rolling into a month-to-month tenancy), the landlord must...March 1, 2011
- A landlord may charge a screening fee solely to cover the costs of obtaining information on the applicant. The landlord must provide the applicant with a receipt for any such screening fee.
- A landlord may not charge non-refundable fees to secure a signing of a rental...March 1, 2011
Once you have determined that an individual is qualified to live in the community and all the proper documentation has been explained and signed, you should consider a meeting with the new resident. Use the Park Rules & Regulations as a briefing tool. The conversation should not be a "...February 28, 2011
The Rental Application form provides the basic information needed to make a decision on accepting the applicant. Under current Oregon Law you will have not more than 7 days from application to accept or decline a prospective resident. Used properly, the rental application and personal...February 28, 2011
Your "Screening Criteria" is another important document that should be provided to an interested applicant. This is the document that will determine where you draw the line between acceptance and denial. Your "Screening Criteria" is a written statement of the factors the landlord considers in...February 28, 2011
As a community manager, you will normally be charged with accepting or rejecting prospective residents. This is one of the most important functions that you will perform as a manager of a manufactured home community. Done properly and effectively, the rental application and screening process...February 28, 2011
In order to comply with Oregon Law, and to provide accurate records, there are several forms that are to be completed when the applicant is accepted to become a resident in the community. These forms should be completed after you have reviewed the resident's application, and completed all...February 28, 2011
We all know that 80% or more of a community homesites must be occupied by at least one 55+ person, and that documented proof of age must be consistently required to qualify for 55+ status under HOPA. Let's not forget that the requirements also mandate the re-survey.
What do the...February 8, 2011
When the prospective resident returns a complete and accurate written rental application, you should provide the applicant the following:
- A copy of the rules and regulations (if not provided earlier)
- Rental agreement form
- Statement of policy (if not provided...February 8, 2011
A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement. (ORS 90.295) This activity is known as screening, and includes but is not limited to checking...