If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an "older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.

Question: My RV tenant doesn't receive mail, how do I serve him with notices?

On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"), The Americans with Disabilities Act Accessibility Guidelines (the “1991 Regulations") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities and established the minimum requirements for "accessibility" for disabled persons in buildings and facilities and in transportation vehicles. After more than twenty years, the Department of Justice implemented new regulations, which became mandatory in 2012 (the “2012 Regulations.”) Your state may have passed parallel laws, which could increase the protection of individuals with disabilities, e.g., the Unruh Act in California. However, this article focuses on Federal ADA compliance. Keep in mind that the ADA is a civil rights law, which addresses a number of subjects, but this article focuses on ac- cessibility (no longer called “handicap”) issues only.

For better than two decades, one of the most significant and unpredictable factors influencing the bottom line of multifamily housing properties has been rising utility costs. This doesn't cause quite as much heartburn for property owners who have wisely passed such utilities through to the residents to pay in addition to their rent. However, for the overwhelming majority of properties, particularly those which were developed prior to the 90's, the rent charged typically includes any combination of utilities including water, sewer, garbage, and to a lesser percentage electricity, natural gas, cable television/satellite, and internet services.

The title of this Community Update should have caught your attention. It is not a gimmick, I have done it myself. Adam Cook's MHCO Community Update article, "Can You Afford to Keep Utilities Included in Your Rent?" from last week is spot on! My answer is no, I cannot and no longer do".

There are many considerations taken into account by Insurance companies when looking into insuring a Mobile Home Park.

The federal Fair Housing Amendments Act (FHAA) of 1988 created a new protected class of "familial status." In California, the federal courts have addressed these requirements by ruling that "all age" communities may not discriminate against children, no more than management can discriminate against any other protected class. This article is addressed to the need for continuing concerns over rule and regulation content and enforcement. This guidance comes from a case brought against Plaza Mobile Estates, defended by this office.

The SAFE Act has received a lot of attention lately by park owners, but did you know that it’s really only one law of many state and federal lending regulations you are required to comply with when selling homes on contract?

Question. A park resident passed away unexpectedly last year. Shortly, thereafter, his widow contacted the park owner and asked if her sister could move in with her. She was approved commencing on October 1. However, when we asked them to come to the office and sign a new rental agreement, they balked at the provision in the MHCO form regarding trees, which provides that, with the exception of hazard trees, tree maintenance is the resident's responsibility.

Apparently, the reason for their hesitation was because, when her deceased husband was alive, the park owner had required him to cut down the trees on his space that had encroached onto the community walkway. They ended up having to pay for repairs to the walkway which had been damaged due to the roots pushing up the cement. Tree roots on other spaces are again encroaching into several areas of the walkway, and they are causing problems in our resident's own yard, as well. These trees, although much smaller, have been in the park for years, and were there long before the current resident and her now deceased husband.

Is this a resident responsibility or a landlord responsibility?

Elder Abuse in our society is hidden. For every one case that is reported, 24 cases go unreported (National Clearinghouse on Abuse in Late Life). There are several factors that contribute to this. An older adult is reluctant to admit that abuse is happening. Guilt and shame are silencers in Elder Abuse. Some folks do not have the capacity to report that abuse is happening. This could be a capacity issue but also is impacted by Generational Culture. Does the older adult know that rape in a marriage is rape? Rape in a marriage was legal until 1976. Is the older adult comfortable talking about his or her body? Another reason cases go unreported is because no one inquires how an older person is doing with changes in their lives. For example, when an adult child moves back in with the older person the assumption is it's a positive change. Does the older person get asked about the change in his or her living situation? Elder abuse can also be physically hidden. When an older adult is hurt it can go unnoticed because of the belief that bruises and falls are part of the aging process.