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?

Phil Querin Q&A: What access to documents and office do I have to provide to Oregon Housing and Community Services?

Question: What records are we obligated to share with state government officials? Recently representatives of Oregon Housing and Community Services ("OHCS") were at the community and stopped by the office. They started asking for documents, copies of forms, etc. What are my rights as a manager or community owner when it comes to these types of situations?

Phil Querin Q&A: Applicant Qualifies, Moves In, Does not Sign Rental Agreement

Question: Earlier this summer an applicant applied for residency. He met our screening criteria and we sent a letter indicating that he had been accepted. The applicant lives out of town and started sending rent checks but did not sign the rental agreement. There were also repairs that we indicated to him that he needed to make before he could move in. At this point he has title to the home, refuses to sign the rental agreement and we refuse to cash his checks. What should we do?

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Question: I recently received a rental application from a prospective tenant who is purchasing another tenant's home. I know the applicant to have several judgments against him. He says they have all been taken care of but I don't believe him. I really don't want to spend time processing the application. Do I have to accept and process the application?

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