Attorney

Bill Miner Q&A: Mandatory Mediation Contained in SB 586 (Part 1 of 2)

 

Introduction and Background

SB 586 was developed by the Manufactured Housing Landlord/Tenant Coalition during 19 meetings (each of approximately 3 hours) from September 2017 through February, 2019. There are several pieces to SB 586; however, this Q&A focuses on the limited mandatory mediation policy together with the $100,000 annual grant the Legislature has authorized be allocated to the Oregon Law Center to assist manufactured and floating home tenants with understanding and enforcing the Oregon Residential and Landlord Tenant Act.

As was reported by Chuck Carpenter during the Legislative session, the goal from MHCO’s perspective, was to use the coalition to get the best possible result considering the political landscape in the Legislature. Bluntly, some of the original ideas proposed by the tenants in the coalition were quite onerous. The end result, however, is a true compromise that is favorable to MHCO landlords, all things considered.

If you would like to learn more about these issues and/or you have particular questions, please join me for my presentation at the 2019 Annual Conference in October. In the meantime here are 17 questions (10 uploaded today and the remaining 7 to be uploaded next week) and answers that will get you started.

 

Mark Busch: Landlord Update

The 2019 Oregon Legislature made sweeping changes to the state’s landlord-tenant laws. None will have more impact than Senate Bill 608 (SB 608), which went into effect on February 28, 2019. SB 608 made two significant alterations to Oregon law: (1) After the first year of occupancy in a month-to-month or fixed-term tenancy, landlords are severely limited in their ability to evict tenants, and (2) landlords with month-to-month or fixed-term tenancies are now limited by rent control in their ability to increase rent for an existing tenancy. (NOTE: The cities of Portland, Milwaukie, and Bend have additional restrictions on landlords, and different laws apply to manufactured home and floating home tenants.)

Mobile Homes and Recreational Vehicles: Title Issues

 

The objective of most mobile home and recreational vehicle park owners is to earn money. However, certain things, when not done diligently, can cost park owners and operators money. Title issues may not seem like a "sexy" issue or concern, but title problems can impact park operations. While parks are not in the business of "monitoring" title, there are at least three scenarios as outlined below that can impede the park's business if neglected. First, it is important to follow through on the transferring of title of a mobile home sold by a resident or third party to the mobile home park or vice versa. Similarly, the park needs to ensure that title is properly perfected in any sales within the park from an existing resident to a new resident. Finally, with respect to recreational vehicles specifically, it can be actual to obtain title paperwork before allowing such a recreational vehicle to remain in the park for an extended period of time.

 

 

Park Improvement Tips

 

 

The first key to successful park operations is perhaps self-evident: human resources. In simple terms, successful park operations depend on the people that your customers (park residents) interact with on a daily, weekly, and monthly basis. Taking the time to recruit personnel who are personable and help your operations run smoothly and efficiently is time-consuming. Effective and consistent recruiting take place both internally and externally. The watchword from industry experts is to "be slow to hire and fast to fire". That means take your time in interviewing and do background checks to be sure you have the person who will both enjoy the job and do the job properly. Mistakes in hiring are costly. Training takes time and money. If you've made a mistake, admit it and quickly terminate the relationship before it gets worse.

 

 

 

 

SEXUAL HARASSMENT CLAIMS IN THE WORKPLACE: WHAT MHC OWNERS AND MANAGERS NEED TO KNOW

Bill Hart is the managing partner of Southern California law firm, Hart King,

and is the client relationship partner for the firm's manufactured housing practice group.

He can be reached at (714) 432-8700 or at whart@hartkinglaw.com.

The recent scandal that is rocking Hollywood that has toppled the career of film producer, Harvey Weinstein, is reshaping the national discussion about Sexual Harassment at work. There is still a big gap between what should happen after such claims and what actually does happen.

The following is a brief overview of federal and state law as it pertains to sexual harassment claims that can be brought by employees, independent contractors, vendors, and members of the public against MHC owners and managers.

 

Sweet Dreams: don't Let Overtime Exemption Issues Become Nightmares

How are you sleeping? Health professionals are increasingly touting the benefits of a good night's sleep for optimal health. Are you sleeping like a baby, secure in the knowledge that your company has carefully analyzed the overtime status of its employees under Oregon law and the federal Fair Labor Standards Act ("FLSA")? Or are you tossing and turning, concerned that with every paycheck issued, your company may be exposing itself to liability for unpaid overtime, penalties and damages, and attorneys' fees? If so, keep reading, and you'll be sleeping through the night in no time.

 

 

 

Pools and Summer Reminders: New Liability Claims for Discriminatory Management Guidelines

Summer is here again! And the kids have started their seasonal pilgrim- age to the coolest place in the all- age park, the swimming pool. Each year, there is accidental loss of life in private residential pools. Management is not required to provide lifeguards or medical services. As a mandate of federal law (mirrored in the Fair Employment and Housing Act as well), when it comes to common facilities in all age parks, (pools included), parents and guardians are charged with the discretion and power to supervise. This is not a management function. And now, a new case shows that liability can be sought for internal management guidelines passed along to managers from educational course notes!

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