MHCO Legal Counsel

 

Question:  A resident in our community has ants in her home. She says they are coming from the ground around the home and has had an exterminator out who confirms that the infestation is coming from the ground.  The resident demands that we pay for the exterminator and that the infestation be controlled at the expense of management. WE do not believe it is our responsibility.  What are your thoughts?

 

 

 

Question:  I am confused on the use of rules violation notices.  Do I use a 20-day notice or 30-day notice?  Does the “three strikes law” apply?

 

 

 

 

 

Question.Landlord has given resident notification of expiration of lease term, but tenant has not responded.  What does landlord do when there is no response from resident?  Should she still accept rent, which would turn it into a month-to-month tenancy? What is the best strategy?

 

 

Question.  I have a tenant requesting a reasonable accommodation for a ramp. On the MHCO From 15 (Reasonable Accommodation Request), is says the tenant is responsible for the costs and removal for a modification unless required by law. Is it required by the law to install a ramp? This would mean the Park would pay for it, or is it not a law and a tenant would have to pay the costs to get one installed? We own the unit and space. It is a mobile home rental.

 

You just found out that a resident tested positive for COVID-19. You can’t get into fair housing trouble if you notify all the residents on her floor about it so they can take extra precautions to avoid exposure. True or false?

Question: We have a resident who has expressed displeasure over finding political  & religious pamphlets, etc., left in the clubhouse.  Not wanting to cater to the complaining resident, but also not wanting to offend others or place the park in a bad position, what is the safest legal way to deal with this issue?

 

 

 

Question:  Our manager is having difficulties with troublesome residents who are interfering with his efforts to fill spaces. In one case it is a vacant mobile home the manager is showing, but the neighbor is mean/obnoxious and does not want the home purchased. In the other case we have an empty RV pad and another neighbor comes out scaring away the RV owner who wants to rent the space. What are our legal rights regarding these two neighbors?

 

 

Question. There is a lot of misinformation floating around about the Multnomah County/City of Portland Moratorium regarding COVID-related loss of income by residents. What is the straight story?

 

Question 1 

The law and MHCO ocupancy agreement both state that a landlord can screen an occupant for conduct or criminal history but not for credit history or income level.  If after screening a temporary occupant, the findings reveal that they have civil case(s) and/or eviction matters relating to previous rental history where the derogatory rental reference is financial (not necessarily bad personal conduct). Can this be grounds for denial? 

 

Answer 1

Not in my opinion.  The temporary occupant agreement concept is that the person is notgoing to be a “co-renter”. They are being permitted to come onto the space as an accommodation by the landlord to the current resident who wants them there.  If they are to become a temporary occupant, but your background check inadvertently reveals derogatory references related to financial information, and that concerns you, then limit the amount of time they can remain there, and take things a month, or six months, at a time.  You might consider having tenants fill out a form in advanceexplaining exactly why they want the temporary occupant there. If a tenant wants them there to share the rental obligation then you should know that beforeoffering the temporary occupant status.  If that is the case, then have them apply as a tenant.  If they don’t pass the financial background check, then reject them on that basis.       

 

Question.I have a question about the Pet form. The term “assistance”  animal is used throughout. We are  in a disagreement with HUD over a comfort animal versus a “service” animal.  (one state document does use the term assistance and classes that as service in a footnote)  

 

Our defense is that the terms are very specific in the laws, or agency guidelines, both state and federal.   A landlord is specifically released from any responsibility to accept any animal that is not certified as “service.” HUD says they are not bound by another agency’s rules. Isn’t it important for our forms to be specific by using the term “service?”.