MHCO Legal Counsel

Phil Querin Q&A: Landlord Advertising

 

In  this litigious era when anyone can file a claim, Landlords and Managers must be careful in their advertising. The most obvious reasons relate to Fair Housing Claims. As covered in my previous article “Responding to ICE Inquiries,” familiarity with Federal and State Fair Housing laws is essential.

 

Federal and State Fair Housing Protected Classes:

  • The Federal Fair Housing Act, prohibits discrimination based on: Race; Color; National origin; Religion; Sex; Familial status; Disability.
  • The Oregon’s Fair Housing statutes are broader: Race; color; religion; sex; national origin; children, disability (also: source of income, domestic violence survivors, marital status, sexual orientation, and gender identity).

 

Guidelines.

Phil Querin Article: Responding to ICE Inquiries

Landlords and Managers are now being faced with inquiries/investigations involving their tenant by ICE (U.S. Immigration and Customs Enforcement). This creates a challenge in balancing (a) tenant confidentiality and Fair Housing rights versus (b) compliance with federal immigration laws. The following article is not intended to constitute legal advice. Members should always consult their own attorneys in dealing with specific issues.


 

Federal and State Fair Housing Issues.  The federal Fair Housing Act, prohibits discrimination based on:

Phil Querin Q&A: Recovery of Cost and Fees When Tenant Tenders Rent After FED Filed

Question:  I have an issue regarding late payment of rent where I own both the home and the space.  The rent is constantly late. After I file for eviction the tenant either pays before the court hearing or at the hearing.  I am then stuck with the filing fees and service fees.  What are my options?

 

Answer:   Let’s start from when you filed you eviction in court. The First Appearance is the time noted in the Summons for both parties to appear in person (or via Zoom). If you and tenant both appear, the judge will likely encourage the parties to reach an agreement and report it back to the courtroom.

Phil Querin Article: Follow-Up Questions and Answers Oregon New Rent Control Law

Four additional questions and answers regarding Oregon's new rent control law.

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

2. Question: We have storage agreements that we are planning to raise the storage fees.  Are we limited to 6% increase on storage fees?

3. Question: If I send an increase notice next month that is effective January 1, 2026, can we increase the rent 10% since the notice was sent prior to September 1, 2025?  As long as the notice is sent out by September 1, 2025 is there a limit to how far out that the rent increase is effective?

4.   Question: .  It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters.  Correct?

 

 

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

Phil Querin Q&A: The Statute of Limitations Under Oregon’ s Landlord-Tenant Law

 

Question: I'm in the middle of an eviction against a resident for nonpayment of rent and Legal Aid is claiming there is a statute saying I can only go back one year back for past-due rent. Is this correct?

 

Answer:  Yes. This is known as the “statute of limitations,” and it applies to virtually all claims. The reason is because there needs to be a cut-off date for claims.

Phil Querin Article: Making (and Keeping) Your Rules and Regulations Enforceable

 

 

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 rules and regulations that may be helpful in the successful operation of your community:”

  1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or no guidance to the tenant?  Avoid using general terms which are so subjectiv
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