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Answer. I'm confused. May I assume the grandmother or her sister are at least 55 years old? If so, they qualify both as to the requirement that there be at least one occupant 55+, and as to the second person requirement. That should be the end of the age issue.

As for the babysitting, this is not a for-profit enterprise, so presumably does not violate any rules you might have for such situations. So all it is is family visiting, which is permissible under the rules. So long as the children are not staying overnight, I do not understand there to be a 30-day limit on this. If they do stay overnight, it appears there is a 30-day cap. But you don't say whether the 30-days is consecutive or cumulative. Unless there is some reason to believe the grandmother is lying about the children staying overnight (and even then, there is the 30-day rule) I don't see anything that suggests a violation. I know of nothing under the 55+ housing law that places restrictions on family visitors under age 55. In fact, as you may know, 55+ parks are permitted to have up to 20% of their spaces rented to families (which is not something should consider for a variety of reasons). However, the point is that the presence of children in a 55+ park does not, per se' cause the park to lose its 55+ designation.

I believe this situation demands a practical approach. Is the babysitting situation causing a problem, e.g. noise, disruption, children in street, lack of supervision, etc? Are other residents complaining? If none of these consequences are occurring, I don't see a concern, or a need to start counting days, etc. If the situation is not being abused, I'd leave it alone. You may want to privately discuss this with the grandmother, just to make sure she understands that it is important that she monitor her grandchildrens' activity at all times, just to make sure other (less child-friendly) residents don't complain.

The take-away here is that while rules are important, so long as they are not being abused, the need to be concerned primarily arises when there are complaints from other residents. If no one is complaining and the rules are not being blatantly abused, it does not seem necessary to become concerned.

• The landlord accepts:
  • A last month's rent deposit collected at the beginning of the tenancy, regardless of whether the deposit covers a period beyond a termination date;
  • Rent distributed pursuant to a court order releasing money paid into court; or
  • Rent paid for a rent obligation not yet due and paid more than one rental period in advance.

• For a continuous or ongoing violation, the landlord's written warning notice remains effective for 12 months and may be renewed with a new warning notice before the end of the 12 months.
• For a violation concerning the tenant's failure to pay money owed to the landlord, the landlord's written warning notice under subsection ORS 90.412(4)(c) remains effective for 12 months from the date of the tenant's failure to pay the money owed.
• A landlord that must refund rent shall make the refund to the tenant or other payer by personal delivery or first class mail. The refund may be in the form of the tenant's or other payer's check or in any other form of check or money.

Acts not constituting waiver of termination of tenancy. If a notice of termination has been given by the landlord or the tenant, the following acts do not waive the landlord's right to terminate on the notice and do not reinstate the tenancy:

• Except in the case of issuance of a nonpayment of rent notice under ORS 90.394, the acceptance of rent if:
  • The rent is prorated to the termination date specified in the notice; or
  • The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.
• Except in the case of termination for cause under ORS 90.392 (termination for cause), 90.398 (termination for drug/alcohol violations), 90.405 (unpermitted pets), 90.630 (termination of MHP tenancy by landlord) or 90.632 (termination for physical condition of home in MHP), the acceptance of rent for a rental period that extends beyond the termination date set forth in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice.
• If the termination is for cause under ORS 90.392 (termination for cause), 90.398 (termination for drug/alcohol violations), 90.405 (unpermitted pets), 90.630 (termination of MHP tenancy by landlord) or 90.632 (termination for physical condition of home in MHP) and eviction proceedings have commenced to recover possession of the premises based on the termination:
  • The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:
    • The landlord notifies the tenant in writing in (or after the service of) the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and
    • The rent does not cover a period that extends beyond the date the rent payment is accepted.
  • Service of a nonpayment of rent termination notice under ORS 90.394.
• The following acts do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:
  • Acceptance of a last month's rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.
  • Acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (1) (Rent tender provisions when tenant files a counterclaim)
  • Acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance.
• When a landlord must refund rent, it shall be made to the tenant or other payer by personal delivery or first class mail and may be in the form of the tenant's or other payer's check or in any other form of check or money.

Effect of acceptance of partial rent. A tenant's duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the terms of the rental agreement. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely.

• A landlord may accept a partial payment of rent.
  • The acceptance of a partial payment does not constitute a waiver of the landlord's right to terminate the tenancy under ORS 90.394 (Termination of Rental Agreement for Failure to pay Rent) of the balance of the rent owed if the following rules below for partial payments are followed.
• A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Such agreed-upon installment rent payments are not "partial payment of rent"
• Acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant's rental agreement for nonpayment of rent unless:
  • The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice based on the tenant's agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed;
  • The landlord's notice of termination is served no earlier than it would have been permitted under ORS 90.394 (Termination of Rental Agreement for Failure to pay Rent) had no rent been accepted; and
  • The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within 72 hours (or 144 hours) or by any date to which the parties agreed, whichever is later; or
  • The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice and entered into a written agreement with the tenant that the acceptance does not constitute waiver. This agreement may provide that the landlord may terminate the rental agreement and thereafter file for eviction without serving a new non-payment of rent notice if the tenant fails to pay the balance of the rent by a time certain.
• Application of a tenant's security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent.
• Notwithstanding any acceptance of a partial payment of rent pursuant to the above rules, the tenant continues to owe the landlord the unpaid balance of the rent.

Answer: My first question is, are these guests showing up at the invitation of your resident? Secondly, are they creating any disruption, or bothering the neighbors? Have neighbors complained, either to the resident or management?

Having visitors viewed as undesirable by management, or even by other residents, but causing no disruption, is a difficult issue to correct, assuming their presence is with the acquiescence of the existing resident.

To put this in a legal perspective, since for a lawyer, that is the litmus test, what is the violation? Is drug dealing in the neighborhood suspected? Do these visitors have outstanding arrest warrants? Do they have criminal records, and if so, do they relate to violent crimes, sex offences, etc? If you suspect illegal activity, I would contact the sheriff's office to see if they can help identifying the visitors to determine criminal backgrounds. Certainly, if they are dangerous ex-felons, or actual drug dealers, for example, you should want to know sooner than later.

However, remember, since these folks are just visitors, and not permitted tenants or occupants of the space, any violation would have to issue to your (formerly) good tenant. If this is a question of the visitors' conduct being disruptive to current residents (e.g. under the peaceful enjoyment statute, ORS 90.740(4)(j)), you would have a basis for issuing a 30-day notice under ORS 90.630(1).

But before doing so, I would suggest that you contact the resident and have a private and frank conversation. It may be that the resident is just as uneasy about the visitors' presence as you, and would welcome your request that they not visit with the frequency they are.

Last week's article addressed issuing a Trespass Notice. If your resident is prepared to ask his relatives to discontinue their visits, then you would be within your rights to issue a Trespass Notice, should the visits continue.

Answer: The answer is found in ORS 90.302 (Fees allowed for certain landlord expenses). What follows is a brief summary: (1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated expense (i.e. one that has not actually occurred). (2) A landlord may not require the payment of any fee except as provided in this statute. (3) The specific fee must be described in a written rental agreement. (4) The following list are the fees a landlord may charge: a. A late rent payment, pursuant to ORS 90.260. b. A dishonored check, pursuant to ORS 30.701 (5). [Note that the amount of the fee may not exceed the amount described in ORS 30.701 (5) plus any amount that a bank has charged the landlord for processing the dishonored check.] c. Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (2). d. The violation of a written pet agreement or rule relating to pets in a facility, pursuant to ORS 90.530. e. The abandonment or relinquishment of a home during a fixed term tenancy without cause. [Note that the fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this section if the abandonment or relinquishment is pursuant to ORS 90.453 (2) (Termination of tenant who is victim of domestic violence), ORS 90.472 (Termination of tenant who is called to active state service) or ORS 90.475. (Termination of tenant sue to service with Armed Forces)] f. If the landlord assesses a fee under (e) above: i. The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment; ii. The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and iii. ORS 90.410 (3) (Effect of tenant failure to give notice of absence) does not apply to the abandonment or relinquishment. (5) Noncompliance with written rules or policies. [Note that the fee may not exceed $50.] (6) A fee may be assessed under paragraph (5), above, only for the following types of noncompliance: a. The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315. b. Failure to clean up pet waste from the tenant’s space other than the home itself. c. Failure to clean up garbage, rubbish and other waste from the tenant’s space other than the home itself. d. Parking violations. e. The improper use of vehicles within the premises. (7) A landlord is not required to account to a tenant for, or return to, the tenant any fee. (8) Except where the tenant abandons or relinquishes the space during a fixed term tenancy [see (4) e above], a landlord may not charge a tenant any form of liquidated damages, however designated. (9) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent - but is grounds for termination of a rental agreement for cause. (10) The above laws regarding fines do not apply to: a. Attorney fees; b. Applicant screening charges; or c. Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law.

Answer: The general answer is "yes," both the park models and regular RVs can (and should) be treated the same with regard to landlord-tenant laws. However, there are certain regulations that you must follow to ensure that the park models fully qualify as "recreational vehicles" as defined by Oregon law.

First and foremost, a "recreational vehicle" is defined by statute (ORS 446.003 (33)) as a vehicle "with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes" and as further defined by administrative rule. "Recreational vehicle" is then defined in various rules as (1) being identified as an RV by the manufacturer, and (2) not exceeding 400 square feet in the setup mode, including all tip-outs, slide-outs, expandable rooms, and other horizontal projections.

However, this does not mean that park models cannot be equipped with various accessory structures like decks, steps, porches, roof overhangs and other similar construction. The guiding rule is that these external structures cannot be supported by the RV itself and cannot be enclosed with walls, glass or other solid materials if that would exceed the maximum allowed gross floor area of the RV.

While there are other construction exceptions as well (basements, lofts, certain bay windows, freestanding cabanas, etc.), you should consult with a knowledgeable expert to carefully comply with these regulations. The primary Oregon Administrative Rules can be found at OAR 918-525 and 918-530, which are administered by the Oregon Department of Consumer and Business Services, Building Codes Division.

Assuming you meet the park model regulations, you can use the same rental agreement that you use with regular RV tenants. In many cases, MHCO Form 80 (RV Space Rental Agreement) will work just fine. In other cases, you may want to use a form specifically designed for your park - just make sure that it contains all of the required information, such as how accessory buildings and structures will be dealt with at the end of the tenancy.

In any event, an RV tenancy (unlike a manufactured home tenancy) can be terminated with a no-cause notice if the tenancy is month to month. If the tenant has been in the park less than a year, the no-cause notice period can be 30 days. After the first year of tenancy, the notice period must be at least 60 days. While you would certainly hope not to need to evict a park model tenant, since they technically live in "recreational vehicles," the law gives you that option as a landlord.

Answer. Welcome to the Nanny State! I agree this is a frustrating situation for landlords. I believe rule No. 1 is to pick your shots. By that I mean, you want to look at this in the same way a judge or jury would. Does it pass the "smell test"? - pun intended.

To me it does not. This sounds like a case in which you've got a pretty good paper trail. But someone has to blink. If you fold on this, bad precedent is set. Here she's asking for two extra service animals. By this rationale, the two pet policy means nothing, and she could gather another six animals and make the same claim. I believe you should consult your attorney to find out what he/she recommends.

From where I sit, I think you could take at least one more step, without this going nuclear. You may want to consider issuing a 30-day notice to vacate, citing the rule and what she needs to remedy it, i.e. remove two of the pets.

At that time, the issue will come to a head. Will she go to some advocacy attorney group who says they will fight you for free? Will she fold? Will she try to compromise? There is a Roman saying that if you want peace, prepare for war. In other words, if you show her you mean business, she may take a more realistic look at her position. Until there is a show of force, she has the upper hand. If she backs off, there may be an opportunity to find a solution, e.g. and agreement to re-home the pets with a relative. Any solution that is reached should be in writing, and you should have your attorney prepare it.

If she pushes back, and has some legal group threatening a fight, you can then decide whether to hold 'em or fold em'. Remember, litigation doesn'thappen overnight. You will, at worst, get a threatening letter or two, before something happens. If you don't want the fight, then walk away. Good luck! By the way, during this dispute, if you intend to issue a 30-day letter, you

There are several significant deadlines in the Oregon Legislature that start to willow down the life span of legislative proposals. The first of these deadlines was last Friday, April 7th. As of midnight on last Friday any bill in a committee in the chamber of origin (Senate bills in the Senate and House bills in the House) must be scheduled for a hearing and work session or the bill will not be considered any further during this legislative session. The exceptions to this rule are bills in Revenue Committees, Rules Committees and Ways and Means Committees which stay open the duration of the legislative session. The remaining bills will need to move out of committees by April 18th.

A number of bad legislative bills that MHCO has been fighting were stopped by last week's legislative deadline. However there are three bills that remain 'alive' that are of great concern:

HB 2004A: Prohibits landlord from terminating month-to-month tenancy without cause after first six months of occupancy except under certain circumstances with 90 days' written notice and payment of [relocation expenses] amount equal to one month's periodic rent. Provides exception for cer- tain tenancies for occupancy of dwelling unit in building or on property occupied by landlord as primary residence. Makes violation defense against action for possession by landlord. Requires fixed term tenancy to become month-to-month tenancy upon reaching specific ending date, unless tenant elects to renew or terminate tenancy. Requires landlord to make tenant offer to renew fixed term tenancy. [Repeals statewide prohibition on city and county ordinances controlling rents.] Permits city or county to implement rent stabilization program for rental of dwelling units. This bill passed the Oregon House and is now being considered in the Senate.

HB 2008: Requires landlord of manufactured dwelling park to pay tenant necessary relocation costs or applicable manufactured dwelling park closure penalty, as determined by Office of Manufactured Dwelling Park Community Relations, upon closure of park to convert to other use. Requires owner of manufactured dwelling park to give notice of final sale to office upon sale of park. Prohibits landlord from terminating without cause, unless under certain circumstances with 90 days' written notice, month-to-month tenancy consisting of rental of manufactured dwelling of float- ing home owned by landlord on space in facility. Requires fixed term tenancy consisting of rental of manufactured dwelling or floating home owned by landlord on space in facility to become month-to-month tenancy upon reaching specific end date, unless tenant elects to renew or terminate tenancy. Requires landlord to make tenant offer to renew fixed term tenancy. Requires office to produce materials to inform tenants of rights and adopt rules to require landlords to post materials in manufactured dwelling park public spaces. Directs office to establish and administer landlord-tenant dispute resolution program. Requires office to submit annual report on progress of program to interim committees of Legislative Assembly related to housing and human services for five years. Authorizes office to impose penalties for violations of landlord-tenant law against landlords of manufactured dwelling parks. Scheduled for a legislative work session on Thrusday.

HB 3331: Directs Office of Manufactured Dwelling Park Community Relations to establish and administer landlord-tenant dispute resolution program for disputes arising from notices of certain rent in- creases. Scheduled for legislative work session on Thursday.

We will be sending updates on the status of these three bills as they move through the legislative process. We are expecting significant amendments to HB 2008 but not enough to change MHCO's opposition. We are also expecting significant amendments in the Senate on HB 2004A. Again, the amendments will likely not change MHCO's opposition.

MHCO was successful in negotiating a landlord-tenant coalition bill (SB 277). This bill will be significantly amended on Wednesday in the Senate. We were also successful in exempting manufactured home communities from HB 2511. Obviously, all the bad bills left behind so far this session are a success - but we still have a lot work ahead. 

We have reached the halfway point of the 2017 Legislative Session. Unlike past legislative sessions this one looks to be a ugly and nasty fight to the end in July.    

A detailed list of bills currently being tracked by MHCO is attached - just click above the title.  

Answer: Your park is private property and you may legally prohibit the use of all marijuana based on federal law, which still makes marijuana illegal. In addition, Oregon's new marijuana law (Measure 91) specifically includes a provision prohibiting its application to any state or federal law pertaining to landlord-tenant matters.

This means that because marijuana production or use is illegal under federal law, landlords may continue to prohibit it on rented premises. The Oregon Supreme Court has held that since marijuana remains illegal under the federal Controlled Substances Act, that Act preempts Oregon's Medical Marijuana Act with regard to both employment practices and housing discrimination claims under state law.

The same reasoning would apply to Measure 91 - marijuana is illegal under federal law. Therefore, tenants would not have any cause of action for "discrimination" claims under state law, nor under federal law (since landlords do not have to "reasonably accommodate" illegal activity under the Fair Housing Act). Unless federal law changes, Oregon's Bureau of Labor and Industries (BOLI) will also undoubtedly adhere to its position that it will not investigate any housing claims of discrimination pertaining to the use of marijuana.

As a practical matter, you may therefore implement and enforce a park rule that prohibits growing, producing or using marijuana anywhere on park property. You should also include this prohibition in your rental agreements.

There are several caveats to mention:

1. Consult with a knowledgeable attorney if you are implementing a new rule to ensure that you follow the proper legal steps to make it enforceable.

1. Do not deny a tenancy application solely because the applicant has a medical marijuana card (which could lead to a discrimination claim). However, even with a medical marijuana card, you can still prohibit the use of marijuana in the park by anyone, including the applicant.

1. It is still possible that an aggressive tenant with an aggressive attorney could sue the park for discrimination (i.e., anyone can sue anyone), but their case would not likely succeed based on current law.

As always, talk to an attorney concerning your specific park issues.

[Update: The Multnomah County Board of Commissioners has passed Ordinance 1296, which changed the 60-day window to 90-days for the Pause on Notices and Evictions, as described below. This Ordinance became effective on July 9, 2021 and only applies to tenants residing in Multnomah County. Timeframes are updated below.]

In mid-June, the Oregon Legislature passed another bill, SB 278 which accomplishes three things:

1) It provides a 60-day window in which a tenant seeking rental assistance may not be evicted for nonpayment of current (i.e., non-moratorium related) rents, charges and fees;

2) It provides a method for landlords impacted by the 60-day delay (discussed below) to recoup lost rents, charges and fees if the tenant does not qualify for rental assistance; and

3) It directs the Landlord Compensation Fund to pay the full 100% rent loss on applications to the program.

The Multnomah County Board of Commissioners recently passed Ordinance 1296. It made the following change to SB 278 for tenants residing in Multnomah County only: It extended the timeline following Landlord’s receipt of documentation of Tenant’s application for rent assistance from 60 to 90 days before which service of a 10-day Notice of Nonpayment of Rent or filing of an Eviction is permitted.

Notices and Evictions: 60-Day Pause (or 90 days if in Multnomah County)

Application. SB 278’s 60-day delay, and Ordinance 1296’s 90-day delay (for Multnomah County), for eviction proceedings only applies to notices of termination for nonpayment given on or after July 1, 2021.

My Definitions.

“Moratorium Debts” are any unpaid rents, charges, and fees that have accrued between April 1, 2020, and June 30, 2021. (This is my term; it is not in the bill. Many of the Legislature’s Bills refer to “nonpayment” but with different meanings.)

“Current Rent” includes any rents, charges and fees, described as a “Nonpayment” that come due on or after July 1, 2021. (This is also my term to avoid confusion. It is not in the bill.)

SB 278 Definitions.

“Nonpayment” refers to the nonpayment of sums due to the landlord, including payment of rent, late charges, utility or service charges or any other charge or fee described in the rental agreement, including the following statutory sums:

ORS 90.140 (Types of payments landlord may require or accept),
ORS 90.302 (Fees allowed for certain landlord expenses or tenant non-compliance), ORS 90.315 (utility or service payments),

PAGE - 1

ORS 90.392 (termination of tenancy for cause),
ORS 90.394 (termination of tenancy for failure to pay rent),
ORS 90.560 to 90.584 (provisions for various utilities and service charges); or ORS 90.630 (termination by landlord: manufactured dwelling or floating home).

“Documentation” includes electronic mail, a screenshot or other written or electronic Document- ation from a rent assistance provider.1 The definition of “documentation” above is straight from the Bill and relates to the procedure whereby the tenant applies for rental assistance and receives a receipt which is provided to the landlord.

60-Day Termination Pause (or 90 days if in Multnomah County). A tenant who is falling behind (or is in danger of falling behind) in paying their Current Rent may apply for rental assistance and provide the appropriate Documentation to their landlord. Tenant need only demonstrate that he/she applied for rental assistance in order to receive the 60-day pause (or 90 days if in Multnomah County). Upon receipt of the Documentation the landlord may not, for the next 60 days (or 90 days if in Multnomah County):

• Deliver a termination notice for nonpayment, or
• Initiate or continue an action for possession (i.e., an FED) based upon a termination

notice for nonpayment.

Eviction Protection Notice. This is a new statutory notice regarding eviction protection that is required to be delivered with:

• Any notice of termination for nonpayment of rent; and
• Any summons for a complaint seeking possession based on nonpayment of any sums

due to the landlord which are classified under the term “nonpayment” as defined above.

The court system will translate the notice into Spanish, Korean, Russian, Vietnamese and Chinese. The translated notices will be available on their main webpage www.courts.oregon.gov. The court clerk is also required to mail these notices with any summons and complaint mailed to a tenant from the Court.

Tenant Delivery of Documentation. The tenant may deliver the Documentation (including but not limited to, copies, photographs, screen shots, etc.) by email, text message, or any other “method reasonably calculated to achieve receipt by the landlord.”

Timing of Documentation.

• If the tenant provides the appropriate Documentation prior to the Landlord issuing a

  notice of termination for nonpayment, the landlord must wait 60 days (or 90 days if in Multnomah County) after receipt of the Documentation to issue any notice of termination for nonpayment.

• If the tenant provides the appropriate Documentation after the issuance of a notice of termination for nonpayment the landlord may not act upon that notice of termination or initiate an FED action based on the nonpayment. In order to terminate a tenancy after

  1 The Housing and Community Services Department is funneling federal, state, and local funds to many different “rent assistance providers,” including public bodies, local governments, and subgrantees (i.e., agencies and non-profits). They will provide a receipt to verify the submission of an application for rental assistance.

  PAGE - 2

expiration of the 60-day period (or 90 days if in Multnomah County), the landlord must issue a new notice of termination
o If 60 days (or 90 days if in Multnomah County) elapsed since the landlord received

Documentation, the landlord need not provide a new Eviction Protection Notice.

(TIP: If in doubt about whether the new Notice was included the first time, include

it after expiration of the 60 or 90-day pause; there is no risk in doing so.)2
• If the Tenant provides Documentation to the landlord or the Court after the eviction proceedings have already begun, the court will stay the proceeding, and reschedule a first appearance for a date following the 60-day period (or 90-day period if in

Multnomah County). Trial may occur promptly thereafter.

Dismissal of Eviction for Nonpayment. The court shall dismiss an FED action based upon a notice of termination for nonpayment if:

• The landlord failed to provide the new Eviction Protection Notice;
• The landlord “substantially caused” the tenant’s nonpayment by refusing to

“reasonably participate with a rental assistance program”;
o Note: Landlord is not required to apply for the Landlord Compensation Fund, so

the failure to do so cannot be used to claim the landlord “caused” the tenant’s

nonpayment.
• The landlord receives rental assistance covering the rent owed under the notice; or
• The tenant had provided the Documentation before the FED (or action for

possession)was filed.

Penalties for Landlord Violation. A violation of SB 278 will result in the tenant being able to pursue injunctive relief to recover possession or address any other landlord violations and will give the tenant a defense in an action for possession.

Tenant Not Entitled to Costs, Attorney Fees, or Prevailing Party Fees. Actions dismissed under these rules will not result in a tenant recovering costs and fees if:

• The landlord delivered all required notices (i.e., the new Eviction Protection Notice)
• The landlord did not know, or have reason to know at the time of commencing the

action, that the tenant had already provided the required Documentation; and
• The landlord promptly dismissed the action upon becoming aware of the

Documentation (Note: All three must occur.)

Dated Receipts of Application for Rental Assistance. SB 278 also directs that all programs providing rental assistance will promptly provide a dated receipt for the tenant’s application.

Repeal. These SB 278 and Ordinance 1296 rules will automatically be repealed on March 1, 2022.

2 Note: The Eviction Protection Notice is called “new” because the previous Bill, HB 4401, also required a Notice of Eviction Protection (along with the Declaration of Hardship). However, this is not the same form, although the caption of the form also says, “THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS TO PROTECTION AGAINST EVICTION FOR NONPAYMENT.” Essentially, SB 278 created a similar, but completely new form, that I have called the Eviction Protection Notice to avoid confusion.

PAGE - 3

Landlord Compensation

Funding for the 60-Day Pause. SB 278 directs the Housing and Community Services Department to make funds available to a third-party provider (yet to be determined) to compensate landlords for their potential 60-day loss of revenue. To receive the compensation a landlord must demonstrate that:

• The tenant’s rental assistance application was denied; or
• Sixty (60) days have elapsed since the tenant provided their Documentation to the

landlord, and that the landlord has not received assistance.

[Note: Though Ordinance 1296 changes the 60-day window to a 90-day window for notices of termination and evictions for nonpayment in Multnomah County only, it does not make any changes to the portion of SB 278 that addresses landlord funding for the 60-day pause. It is unclear at this time how, or whether, the state will address Multnomah County’s rule in awarding funding for landlords whose tenants have not received assistance.]

Repeal of 60-Day Delay Compensation. Funding for landlords experiencing losses during 60-day pause will be automatically repealed on March 1, 2023.

Landlord Compensation Fund for Moratorium Debts. Originally HB 4401 provided that landlords could receive compensation for 80% of their tenant’s outstanding Moratorium Debts (rents, charges, and fees incurred between April 1, 2020, and the date of a landlord’s application to the fund – or June 30, 2021, at the latest). The last date to apply to the Landlord Compensation Fund (the “Fund”) was June 23, 2021.

To receive consideration for funding under HB 4401, the landlord had to agree to forgive 20% of the tenant’s debt. SB 278 now directs the Fund to pay 100% of the past-due rent due from qualified tenants that the landlord has not collected after April 1, 2020, and on or before the earlier of June 30, 2021, or the date of the application.

• Under SB 278 landlords are no longer required to agree to forgive 20% of their tenant’s Moratorium Debts.

• Landlords must still repay the Fund for any repayment of Moratorium Debts they receive from, or on behalf of, a qualifying tenant.

  Retroactive Application of 100% Coverage. The new rule requiring the Fund to pay 100% of past due Moratorium Debt applies to all applications approved on, before, or after the effective date of SB 278, which as an “emergency bill”, became effective on June 25, 2021, the date of the Governor’s signature.

  Furthermore, it directs the Fund to pay the remaining 20% of any applications for compensation already made under HB 4401 that were already approved prior to the passage of SB 278, without the need for an additional application.

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[1] The Housing and Community Services Department is funneling federal, state, and local funds to many different “rent assistance providers,” including public bodies, local governments, and subgrantees (i.e., agencies and non-profits). They will provide a receipt to verify the submission of an application for rental assistance.

[2] Note: The Eviction Protection Notice is called “new” because the previous Bill, HB 4401, also required a Notice of Eviction Protection (along with the Declaration of Hardship). However, this is not the same form, although the caption of the form also says, “THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS TO PROTECTION AGAINST EVICTION FOR NONPAYMENT.” Essentially, SB 278 created a similar, but completely new form, that I have called the Eviction Protection Notice to avoid confusion.

1. Installation of the Home. Both the home and any accessory buildings, such as sheds, and other structures, such as fences and decks, must be installed in compliance with all applicable laws, such as local ordinances and state building codes.
2. Disposing of Debris. All ashes, garbage, rubbish and other waste must be disposed of in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.
3. Conduct. Both the tenant and other persons in the home or on the space must behave in compliance with any laws or ordinances that relate to the tenant's behavior as a tenant.
4. Use of the Space and Common Areas. The tenant may not misuse or unreasonably use the space or common areas, taking into consideration the purposes for which they were designed and intended.
5. Debris. The tenant must keep the rented space in every part free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin as the condition of the rented space permits and to the extent that the tenant is responsible for causing the problem. The tenant must reasonably cooperate in assisting the landlord in any reasonable effort to remedy the problem. For example, if the space becomes infested with vermin due to the unkempt nature of the space, the tenant must do those things necessary to accommodate the landlord's extermination efforts.
6. Hazards of Fire. The home and the rented space must be kept safe from the hazards of fire. This means that any conduct or conditions occurring inside or outside of the home must be corrected by the tenant if it poses a fire hazard.
7. Smoke Alarms. The tenant is required to install and maintain a smoke alarm approved under applicable law.
8. Storm Water Drains. The tenant is required to install and maintain storm water drains on the roof of the home and connect the drains to the drainage system, if any.
9. Use of Systems. The tenant is required to use all electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems.
10. Destruction of Property. The tenant may not deliberately or negligently destroy, deface, damage, impair or remove any community property, other than the tenant's own home - nor may he or she knowingly permit any other person to do so.
11. Landscape Maintenance. Unless the rules or rental agreement provide otherwise, tenants are required to maintain, water and mow or prune any trees, shrubbery or grass on the rented space.
12. Peaceful Enjoyment. The tenant is required to behave, and require his or her guests to behave in a manner that does not disturb the peaceful enjoyment of the premises by neighbors. This is an all-too-frequently overlooked provision of the law. Many times a tenant's offending conduct, while not specifically prohibited in the park documents, is nevertheless bothering to other tenants. Landlords would be well-advised to remember this provision of ORS 90.740 in those difficult cases in which the activities, such as voyeurism or stalking, cause undue concern to the neighbors.

What happens if the tenant violates any of these statutory provisions? Is there a remedy? Assuming that the tenant will not comply with the landlord's requests for voluntary compliance, and there are no other reasonable alternatives, enforcement action is available in the same manner as a violation of the rental agreement or rules, i.e. issuance of a 30-day notice of termination. Under ORS 90.630, this means that the landlord must issue a written notice to the tenant advising that the tenancy will terminate in 30 days if the violation is not cured. The law provides that a second violation occurring within six months of the date of the preceding 30-day notice will entitle the landlord to issue a written non-curable notice terminating the tenancy in 20 days. As with all such notices, members are advised to use the MHCO forms, making sure that they are complete in all respects before delivering or mailing them to the tenant.