HUD recently announced it’s charging a Texas property owner and management company with discriminating against families with children. HUD alleges that the owners and its management company threatened to fine a family $250 because their two children played in the community area of the complex.
ORS 90.510(4) provides:
Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action)(2)(d). The agreement must be signed by the landlord and tenant and may not be unilaterally amended by one of the parties to the contract except by:
In a recent Oregon Court of Appeals case, the full impact of these "unilateral" amendment provisions became the subject of scrutiny that (unless appealed and overturned by the Oregon Supreme Court) should serve as a cautionary warning for park owners and managers.
Ask anyone who works on a Senior Living Community how they like their job and I can almost guarantee that they will tell you they have a love-hate relationship with it. Most employees will tell you that they love working with seniors; that they are a nice group of people, and they have a bond with them that they have never experienced while working on a multi-family community. They will also tell you of the heartaches and troubles of a senior community; and this is not just the obvious complications of dealing with an aging resident population. You will hear about the vast disparity between "the new senior" and "the elderly", the trends seniors are setting, the financial issues many seniors are facing, the troubling issue of increasing mental illness in seniors, and the demands seniors are making on staff. How does all this affect not only the senior market, but how will it affect the market at large? How do we stay on top of trends, and how do we assist the employees in this highly specialized market segment?
A recent Clackamas County trial judge's opinion highlights a problem that landlords face when trying to establish reasonable -- and enforceable -- limits on the number of overnights that guests may spend at a tenant's home.
Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.
My question is this: Is domestic violence a recognized defense to non-payment of rent?
Resident record management is anything but sexy. Nevertheless, it is essential to maintaining a profitable manufactured housing community. All too often community owners and managers think the job of records management is over once a new resident moves into the community. After all, if the file checklist has been followed and all the appropriate forms have been completed what else is there to do. Lets examine the importance of maintaining accurate resident records through the use of two examples.
Both state and federal law prohibit discrimination in the selling, renting or leasing of real property. Federal fair housing laws have been in place since 1968. Federal law makes it illegal to discriminate in the sale, purchase or lease of property on account of race, color, religion, sex, national origin, familial status or handicap and sexual orientation.
Criminal background checks - always a popular issue. Of course you can use them to screen prospective applicants, right? You may be surprised.
The use of criminal background checks in the residential housing rental and lease application process has recently become a hot button issue. Back on April 4, 2016, the U.S. Department of Housing And Urban Development's ("HUD") General Counsel issued a 10-page memorandum on "Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions" ("Guidance").
Do you provide housing to your employees? Do you count all or any part of this housing subsidy toward satisfying the minimum wage? If so, are you confident that you are in compliance with applicable wage and hour laws? Here are some pointers to help you stay on track.