Columns

by Mark L. Busch
This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action. On January 1, 2024, Oregon House Bill 2634 went into effect.  HB 2634 contained some important changes to the laws governing RV parks and RV tenants.   First, HB 2634 cleared up an ambiguity…
by Phil Querin
    The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant: Materially violates a law related to the tenant’s conduct as a tenant; Materially violates a rental agreement[1] provision related to the…
by MHCO
  Legal Risk: People who are in this country illegally can’t sue for discrimination under the FHA if that’s the sole reason they experience discrimination. Explanation: In January 2003, HUD issued a memo clarifying that the FHA “does not prohibit discrimination based solely on a person’s citizenship status”; nor, the memo adds, does the law bar…
by MHCO
  Over the next couple months, MHCO will focus on the most significant new FHA “protected classes.”  Analysis will explain the legal basis for extending FHA protection to the group and list the practical measures landlords can take to manage liability risks when dealing with members of each group. We’ll conclude the analysis of each new emerging…
by Phil Querin
  Question:   Oregon passed a law last year that prohibits housing providers from implementing community rules prohibiting residents from having daycare facilities in their homes.  Among other things, the law states that housing providers can require residents with these facilities in their homes to provide proof of insurance.  However, I’m…
by Phil Querin
  Question: I’m trying to clarify if an existing and lawful utility charge (e.g., sewer or trash), is increased by the provider, do we have to give advance notice of the increase to the residents before we can pass it through?   For example, if the garbage provider increases its rates from $32/mo to $34/mo for the same service, is management…
by MHCO
Landlords may be liable for discrimination if they harass or allow their leasing staff, managers, and other agents to harass tenants on the basis of race, etc. Recent cases pose the controversial question of whether landlords can also be liable for the harassment committed by their tenants. The two federal courts that had specifically addressed…
by MHCO
  HUD recently charged a Montana landlord and property manager for retaliating against a tenant for exercising her fair housing rights. The retaliatory behavior included coercion, intimidation, threats, or interference in violation of Section 818 of the Fair Housing Act. The Fair Housing Act prohibits retaliating against anyone for exercising…
by Phil Querin
Question  A:  We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.  The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. Maintain the Home in accordance with conditions set forth in Paragraph 12.A(…
by Manufactured Housing Communities of Oregon
  Continuing previous patterns, most of the 2023 cases alleged discrimination on the basis of disability; most of the disability discrimination claims alleged failure to make reasonable accommodations, specifically with regard to assistance animals. Explanation: The FHA requires landlords to make reasonable accommodations “necessary to afford a…