Phil Querin Q&A: Government Agency Asks Community Owner for Information Regarding Resident's Information

Question: The Clackamas County tax assessor just called seeking a list of the tenants and their mailing addresses in my park. The purpose is to track down people who might be late on taxes as they are getting returned mail. Apparently they have called 15 park owners so far seeking this information. I do not know if I am violating any confidentiality or privacy rights of my tenants by providing such information. Please let me know if it is OK to send them the information. Park owners and members of MHCO in the county might have the same question. Thank you.

Phil Querin Q&A: Tree Limb Falls On A Residents House

Question: A tree limb fell through a resident's roof. I told him what I believed the recently enacted state law was, but don't know if I was thorough enough. Under the old law, tree maintenance was the tenants' responsibility -- period; regardless of whether the landlord or tenant planted and regardless of size. The resident says I should make the space safe. I told him to take it up with the City of Portland as I wanted to take the tree out when I first developed the property and they said I had to keep the tree. I told the resident hat my policy had been to split the tree removal cost with the resident and he agreed. What are my rights here?

Phil Querin Q&A: More Questions on Water Sub-Metering

Question: I have been investigating the process and costs involved with installing submeters at my 180-space community and converting to a 'submeter billing method'. At the same time as the submeter conversion, I want begin billing for common area fees and utility bills under a 'pro rata billing method'. As far as I understand, that scenario is covered in the statutes. Here is my dilemma: The local municipality doesn't charge much of anything for actual water usage...it ends up only being about $6 per month/per space to pay for all water usage in the community. The way the city gets their money is by constantly adding and increasing 'utility fees' like storm drain, public safety, etc. After running my numbers, I am beginning to question why I even want to go to the expense of installing water meters at all, because if it just ends up raising the monthly out-of-pocket cost for my senior residents, and even If they reduce their water usage significantly, they will only be able to realistically save a dollar or two per month. What I would like to do instead is just begin a 'pro rata billing method' for my community electricity, garbage, natural gas and city utility fees. I would obviously offset their rent amount commensurate with the previous 12 months' total bills. What I cannot figure out after reading the statutes is this: Can I begin a pro rata billing method for the above mentioned items, with 180 days' written notice, WITHOUT converting to a submeter billing method at the same time?

Phil Querin Q&A: Selling Park-owned Carports to Residents

Question: At my park we would like to offer the park-owned carports for sale to the residents for $1. I am under the impression that if we require this of all residents that we would have to give a rent reduction equivalent to the value of the carports. Is this true? And if this is a voluntary program (i.e. the residents can buy them if they want and then turn them into enclosed garages), would a rent reduction still be required?

Phil Querin Q&A: Do new Oregon laws on "Section 8" and other sources of income mean that any applicant receiving assistance must be accepted as a resident?

Question: I just read the information regarding House Bill 2639, which addresses source of income and states that a person may not, because of race, color, religion, sex, sexual orientation, national origin, marital status, familial status, or source of income, refuse to sell, lease or rent any real property to a prospective renter/lessee. The bill states that "Source of Income" now includes federal rent subsidy payments under Section 8 and any other local, state or federal housing assistance. I have always refused to accept any applicant who does not have sufficient income to pay the rent. My policy is that a renter can pay no-more than 33% of their income for housing. Does BILL 2638 mean that I must now rent to Section 8 applicants or anyone who is received rent subsidy payments?

Phil Querin Q&A: Tenant Sub-Leases - Refuses Background Check

Question: An occupant lives in a home that is sub-leased from his parents who have moved to Arizona. The occupant has been in the house since the beginning of January, and pays his rent on time. Although he was asked to complete and submit a criminal background check, he still has not done so. Accordingly, we have not given him a written rental agreement to sign. What are our rights at this point in time?

Phil Querin Q&A: Resident Growing Marijuana Plants

Question: While working on another house in the community the manager discovered that the neighbor had a large garden of marijuana plants. The resident claims to have a medical marijuana card. What are my rights as a community owner? Can I ask to see the card? Does the card have to be current? If he has a medical marijuana card what are my rights? If he DOES NOT have a medical marijuana card what are my rights? Finally, the smell from these plants is very pungent and other residents are complaining about the smell. Can I give the resident who is growing the marijuana a 30 day notice for disturbing the peaceful enjoyment of other residents due to the odor?

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