Question: Is it permissible for a manager to pass on to tenants third-party billing fees for submetering?

We’re all pretty familiar with what the federal Fair Housing Act (FHA) says. The real challenge is figuring out what it actually means, as in real life. If you use Fair Housing Coach, it’s a good bet that you’re among the vast majority of landlords who are committed to principles of fair housing and try hard to comply with the rules. The problem is that those rules can be vague, confusing, and even contradictory. The only sure way to find out if you’re meeting all of the requirements is to get sued for discrimination and submit to the judgment of the investigator, court, or fair housing tribunal. Of course, that’s hardly a practical strategy; in fact, the whole point of compliance is to avoid getting embroiled in investigation and litigation in the first place.  

Luckily, there’s a better approach. Look at the actual cases involving other landlords and draw the appropriate lessons. Knowing what landlords did right and wrong enables you to make informed judgments about and improve the effectiveness of your own compliance efforts. Regrettably, you may not have the time or legal training to track down and analyze the cases—or the budget to hire an attorney to do it. The good news is that we did the heavy lifting for you. This month’s lesson breaks down the key FHA rulings from 2021, explaining not just who won and who lost, but why and what practical compliance lessons you can take from the case.

Background  In 2021, HB 2364 was passed by the Legislature and signed by the Governor modifying the requirements in ORS 90.842 et. al., which requires manufactured home park owners to give their tenants an opportunity to compete to purchase a park prior to selling to a third party. I have brushed off the questions and answers submitted in 2015 as an update to the new law. 

Please note that there are some significant changes with the 2021 law, including a substantial penalty to owners who do not follow the law. I would encourage you to review the changes closely and let me know if you have any further questions. For some of the minor changes, I have bolded and italicized the changes. Any owner who has received an offer to purchase their manufactured home park that they intend to consider, or are entertaining executing a listing agreement with a broker to sell their park, should reach out to legal counsel who have familiarity and experience with this law.  Any broker who is working with an owner should also seek legal counsel to ensure the process is being followed. 

Question: What can you tell me about ORS 94.762 requiring landlords to install the infrastructure for Electric Vehicle charging stations in manufactured housing communities, RV parks and floating home communities?  Is the impact and responsibility of the landlord the same in each of those housing options?

In a recent case, a tenant claimed she needed an emotional support animal for a mental disability and asked the homeowners association board for an exemption from the community’s no-pet policy. Since the tenant’s disability isn’t readily apparent, the landlord asked her for verification. She provided a medical note listing her diagnosis. Although the disease is an officially recognized illness, the board wanted more information about the disability and how it affects her “major life activities.” When she refused to provide the information, the landlord moved to evict her.

Did the landlord’s request for more information about the disability go too far?

Question:  I am wondering if you can tell me how to get rid of an abandoned vehicle in our community? I have legally evicted some tenants from an owner owned home. They finally left, but I need to know how to get rid of the vehicles they left behind.

Question:  Can you evict for no cause in an RV park on a month-to-month rental agreement?

In today’s highly competitive rental market, effective advertising is crucial to attracting the right renters. But for these very same reasons, your advertising and marketing practices can get you into fair housing hot water. The advertising media you select and the message you craft may be illegally exclusive. While it can be direct and intentional—No children … Christian community … Not suitable for the disabled (which, regrettably, come from actual ads)—discriminatory advertising can also be far more subtle, so much so that it’s easy to cross the line without intending to.

This month’s lesson will help you keep your advertising and marketing practices within the bounds of fair housing laws. First, we’ll explain the fair housing advertising laws. Then, we’ll outline a strategy that will work for any landlord, whether its marketing consists of simple lawn signs, digital ads on social media websites, or anything in between. 

Question:  We have sub-metered water and are sending tenants monthly water bills. May I charge them a late fee for failure to pay the bill on time? If so, how do I go about notifying them?

Question:  Your community allows residents to reserve the common room for parties and other social activities, including Christmas and Hanukkah celebrations. A resident asks if he can reserve the room to host a pagan celebration to mark the winter solstice. Must you grant his request?