ORS 90.675 is the abandonment law that applies generally to homes located in manufactured housing communities. Today it contains 23 separate subsections, a behemoth in size compared to most statutes. Buried 21 sections down in the subterranean recesses of the statute is that portion of the law dealing with health, safety and welfare issues, in which 45 day letters and 30 response periods could not possibly work. In such situations, time is of the essence. Accordingly, subsection 21 sets forth a fast-track protocol for declaring the abandonment of a home that poses certain risks to others (such as the abandoned shell of a home destroyed by fire). Below is a summary of what this subsection says:
If a governmental agency determines that the condition of the abandoned home constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the facility and requires quick removal of the property, the landlord may sell or dispose of it by taking the following steps[1]:
- The date by which a tenant, lienholder, personal representative or designated person must contact a landlord to arrange for the disposition of the property shall not be less than 15 days after personal delivery or mailing of the abandonment letter required by ORS 90.675(3);
- The date by which a tenant, lienholder, personal representative or designated person must remove the property must be not less than seven (7) days after the date the tenant, lienholder, personal representative or designated person issues the abandonment letter;
- The contents of the abandonment letter must be in accordance with ORS 90.675(5), except that:
- The dates and deadlines in the notice must be consistent with the fast-track protocol above;
- The abandonment letter must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and
- The landlord must attach a copy of the agency's determination to the abandonment letter.
- If the tenant, a lienholder or a personal representative or designated person does not remove the property within the time required under the abandonment letter, the landlord or a buyer at a sale conducted under ORS 90.675(11) must promptly remove the home from the facility.
- Contrary to ORS 90.675(19), the landlord is not required to enter into a storage agreement with a lienholder, personal representative or designated person.
Thanks, John!
[1] Note: the following steps are exceptions to the rest of ORS 90.675. This means that if there is no exception in this list, the rest of the statute will apply.
