Editors Note: Earlier this year MHCO passed significant changes to Oregon's abandonment law in the Oregon Legislature. MHCO has developed three new forms as a result of the changes in abandonment law: MHCO Form 31A "Declaration of Intent"; MHCO Form 31B "Declaration of Compliance"; and MHCO Form 31C "Declaration of Sale". Attorneys Phil Querin and Mark Busch provided input as well as the Oregon Department of Revenue. Below is an explanation of the changes to Oregon's abandonment law. Further clarification will be provided in the 2016 MHCO Management Training Seminars and future "Question and Answer" sessions with Phil Querin.

Current Oregon Law. ORS 90.675(14) provides that following the public or private sale of an abandoned home, a landlord may deduct from the proceeds of the sale the reasonable or actual costs of notice, storage and sale and the unpaid rent. If any funds remain, the landlord is required to remit the excess proceeds to the county tax collector to the extent of any unpaid property taxes and assessments owed.1

However, if one of the following circumstances apply, the county tax collector is required to cancel all unpaid property taxes and assessments:

1. The landlord destroys or disposes of the home after a determination from the assessor that its current market value is $8,000 or less;

2. The sale was held, but there was no buyer of the home;

3. There is a buyer of the home; its current market value is $8,000 or less; but the

   proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments owed after distribution of the proceeds for the landlord's actual cost of notice, storage and sale and unpaid rent; or

4. The landlord buys the home at the sale; its current market value is more than $8,000; the proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments; and, the landlord disposes of the home.

Gen Y. Millennials. Internet Generation. Boomerang Generation. Echo Boomers. Trophy Kids. Whatever you call them, they are making a profound statement on both the marketplace and workforce in the US. Coming in at 83 million strong, they rival the Baby Boomers of 63 million and we should pay attention to this group!

Question: Can landlords ask just for social security numbers and deny applicants if they do not have one? Or does that start to go down the slippery slope of disparate impact? If the landlord does not require social security numbers, does that open them up liability to the rest of the community?

Do I need a license to sell manufactured homes?

Yes. Individuals or entities that sell a manufactured home on behalf of another person have always required a license.

Question: When can a manager refuse payment by check? If the name on the check does not match the resident's name can (or should) the check be refused? Should there be a park rule to back this up? If the manager refuses payment because of the name on the check and asks for money order or cash does that have to be in the rules? All of this stems from the concern of unauthorized residents becoming tenants simply because a manager accepts a check for space rent when they are not an approved tenant.

Question: A pedophile is released from prison and moves in with his mother in a manufactured home community. He is not an authorized occupant or tenant. Residents are upset. What are the landlord's options? Is it limited to just serving a 30 day notice for unauthorized resident?

Dianne Daines PO Box 3419 Kirkland, WA 98083 Phone: 425-827-8774 Email: ddaines@totemagencies.com Website: www.totemagencies.com

Question: A resident passed away in our community. There was a person living in the home at the time under a Temporary Occupant Agreement. However, it does not expire for several more months. Rent is paid up until the end of the month. What should the landlord do? Can he/she give a notice longer than the 24 hour notice of eviction which seems cruel given the circumstances? Should he/she use a 30 day notice? Should management accept rent from the temporary occupant for the following month?

Background. The Fair Housing Act (“FHA” or “Act”) was passed in 1968, and has been an important fixture in the law ever since. Essentially, its purpose was to prohibit discrimination in the sale and rental of residential housing. At the time, there were five main protected classes, i.e. groups of persons entitled to the protection of the Act. Those classifications were race, color, religion, sex, and national origin.  In 1988, the FHA was amended to include two additional protected classifications: disability and familial status.[1]

The language of the Act makes it illegal “(t)o refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the  sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.”[2]  [Underscore mine.]  In other words, certain conduct is prohibited if it is “because of” another’s race, color, etc. 

Notwithstanding the text of the Act suggesting that Fair Housing claims may only be based upon intentional forms of discrimination, for many years several lower federal courts have ruled otherwise; i.e. holding that certain actions, though “facially neutral” (i.e. with no proof of improper motive), may constitute a violation of the Act if they adversely impact a protected class. This is the premise underlying the principle of “disparate impact”; the consequence rather than the motivation can be found to violate fair housing law. For a more detailed background on disparate impact, see my post here.

When reduced to its lowest common denominator, the ultimate question raised by disparate impact theory is whether the FHA forbids actions that may have a statistically adverse impact upon members of a protected class, even though those actions were not motivated by any intent to discriminate.[3]

Abandoned RVs

Question: A mobile home park has a separate RV section. One long-time RV resident recently moved out because of illness, but left behind his RV, which is old and in poor condition. Does the park need to file an eviction action to clear out the space for a new tenant? What can the park do with the RV itself?