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In its Charge of Discrimination HUD alleges that the property manager and owner of a 10-unit apartment complex retaliated against the tenant after the tenant informed the property manager that his unwanted conduct toward her daughter was inappropriate given the property manager’s position as landlord. After the tenant confronted the property manager, the property manager took several retaliatory actions, including sending multiple threats of eviction, revoking tenancy privileges, and sending harassing text messages, culminating in seeking to evict the complainant. The tenant felt compelled to leave the unit and seek out alternative, less desirable housing because of the retaliation.

“The deplorable conduct alleged in this case constitutes retaliation that violates the Fair Housing Act,” said Damon Smith, HUD’s General Counsel. “HUD is steadfastly committed to protecting the rights of tenants to be free from such retaliation by landlords.”

A United States Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the tenant. The judge may also order injunctive relief and other equitable relief to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the resident.

1. How to Initiate Mediation or Informal Dispute Resolution

Mediation may be initiated by a Landlord, a Tenant or Group of Tenants. Either party may contact the mediation services available through: (a) park/marina manager, (b) Local Community Dispute Resolution Center (CDRC), or (c) Manufactured and Marina Communities Resource Center (MMCRC) hotline: 1-800- 453-5511 (Toll Free in Oregon) or email:hcs.mmcrc@oregon.gov or the MMCRC Website.

2. Disputes Eligible for Mandatory Mediation

• Those between the landlord and one or more tenants, initiated by any party.

• Those between more than one tenant as initiated by the landlord.

• Information dispute resolution, disputes between two tenants, initiated by either party. Consistent with statute, upon intake the CDRC will determine the eligibility of an issue for mediation (reference Section 6 below).

3. Good Faith Efforts

Participants must make good faith effort to: (a) schedule a mediation within 30 days after initiation: (b) attend and participate; and (c) cooperate with reasonable requests of the mediator.

4. Mandatory mediation only:

 If a party refuses to participate in good faith in mandatory mediation with another party, or uses mediation to harass another party, the other party:

(a) has a defense to a claim related to the subject of the dispute for which mediation was sought; and

(b) is entitled to damages of one month’s rent against the party.

Effect of Filing for Mandatory Mediation

Between the commencement and conclusion of the mediation:

• If the request for mandatory mediation is made before the landlord files a Forcible Entry5. 6.and Detainer, Oregon Revised Statute 90.767 calls for a “stay” or “toll” (suspension) of

any related court action until conclusion of the mandatory mediation.

• A party may not file a court action over the dispute until conclusion of the mandatory mediation; (c) tenant has continuing duty to pay rent; and (d) landlord’s receipt of rent does not constitute a waiver under Oregon Revised Statute 90.412(2).

5. Matters Subject to Mandatory Mediation

Except as provided in Section 6, below, the following disputes are eligible for mediation:

(a) landlord or tenant compliance with the rental agreement or Oregon Revised Statute Chapter 90 (Oregon landlord/tenant statutes); (b) landlord or tenant conduct within the Park/Marina; and (c) rule changes initiated under Oregon Revised Statute 90.610.

Matters Not Subject to Mandatory Mediation

Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:

(a) Facility closures consistent with ORS 90.645 or 90.671.

(b) Facility sales consistent with ORS 90.842 to 90.850.

(c) Rent increases consistent with ORS 90.600.

(d) Rent payments or amounts owed.

(e) Tenant violations alleged in a termination notice given under ORS 90.394, 90.396 or

90.630 (8).

(f) Violations of an alleged unauthorized person in possession in a notice given under ORS

90.403.

(g) Unless initiated by the victim, a dispute involving allegations of domestic violence,

sexual assault or stalking or a dispute between the victim and the alleged perpetrator.

(h) A dispute arising after the termination of the tenancy, including under ORS 90.425,

90.675 or 105.161.

7. Confidentiality

Subject to Oregon Revised Statute 36.220 (confidentiality of mediation communications and agreements), all communications between the parties and mediator are strictly confidential and may not be used in any legal proceedings.

8. Limitations on Mandatory Mediation Process

Participation in mediation does not require any party to: (a) reach an agreement on any or all issues submitted; (b) participate in more than one mediation session; (c) participate foran unreasonable length of time in a mediation session; or (d) waive or forego any legal rights or remedies.

9. Designees for Parties

Any party may designate any other person, including a non-attorney(“Designee”), to represent the interests of that party provided that the Designee has complete written authority to bind that party to any resolution of the dispute reached in mediation. The Designee shall be equally bound by all rules of the mediation, including confidentiality.

10. Resolution/Nonresolution

The mediator shall notify Oregon Housing and Community Services whether a dispute was resolved but may not disclose the contents of any resolution.

This article was created by Oregon Housing and Community Services

Answer: I doubt the park rules contain anything about privacy rights or the use of video cameras. As to laws being broken by the use of the camera, I don't believe there are any. Thus, I don't seen any management responsibility at this point. In other words, if the rental agreement, rules, or laws are not being broken, there would be no basis for management to treat the use of the camera as something for which the tenancy can be terminated, say, under a 30-day notice pursuant to ORS 90.630.

ORS 90.740 enumerates several duties of residents in manufactured housing communities. Subsection (4)(j) provides they must: "Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors." Video taping from a stationary location, does not, in my opinion, appear to violate this law. If one resident followed the other around with a camera throughout the park, that would be another issue.

Let's call the resident with the camera, "Resident A", and the one with the late-night visitors, "Resident B". Your question did not say whether Resident B was aware of the video camera or that it was trained at his front door. Nor did you indicate whether the video camera also had audio capability, such that it could pick up Resident B's outdoor conversations with his late night guests.

In Oregon, ORS 165.540(1)(c) forbids a person from obtaining or attempting to obtain "the whole or any part of a conversation by means of any device, contrivance, machine, or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained." Note that informing the participants is required, but consent from them is not. Subsection (3) of the statute provides that the above prohibitions do not apply to conversations that occur inside a homeowner's residence, - even though the guests and visitors are not informed.

Although audio recordings are addressed by the above Oregon statute, video recordings are not. Nonetheless, the general rule, at least from a civil law standpoint, is whether the (e.g. Resident B) has a reasonable expectation of privacy. Doing drug deals outside is most likely an activity Resident B and his guests have no reasonable basis to expect privacy.

Certainly, Resident A can use the cameras on his own property and the streets, sidewalks, and any other public and quasi-public areas. Can the camera be trained on the front door of Resident B, as he admits his late night visitors? I cannot render a legal opinion on this, but would speculate that since it is outdoors, albeit on Tenant A's own property, video recording should be OK (not audio recording, however). But even if it's not OK, is this a fight management wants to take up? This is not as if Resident A is screaming at Resident B's late night guests, or is otherwise causing any disruption in the park. If Resident B knows of the video surveillance, consent would seem to be a moot issue. It would be prudent for Resident A to let Resident B know he has installed a security system that includes video surveillance. The manager should encourage Resident A to do so, or authorize him (the manager) to do so. Once informed, the entire expectation of privacy analysis becomes moot.

Lastly, I'm curious is Resident B's activity is bothering anyone else? If so, it may be time to take action. I have always maintained that with residents whose late night activities smack of drug dealing, with all the typical indicators such as multiple visitors, noise, and short-term visits, etc., a 30-day curable notice under ORS 90.630 is a much easier tool to use as the basis of an eviction, than to try to "prove" a violation of ORS 90.396 (1)(f)(B), which allows the issuance of a non-curable 24-hour notice for the manufacture, delivery, or possession of a controlled substance as defined by various Oregon statutes.

Answer. Under ORS 90.100(21), a "hazard tree" is one that:

1. Is located on a rented space in a manufactured dwelling park;
2. Measures at least eight inches DBH;[1] and
3. Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture, to pose an unreasonable risk of causing serious physical harm or damage to individuals or property in the near future.

ORS 90.727(5) provides as follows:

Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant's space in a manufactured dwelling park at the tenant's expense. (Emphasis added.)

So my take is that (a) if the trees qualify as hazard trees, the resident must maintain/remove them; (b) if the trees are technically not hazard trees (due to girth), the resident must still maintain them; and (c) if the resident declines to remove them, you should do so.

Given the recommendation of the arborist, you should contact the resident about having the trees removed at their expense. If the resident cannot afford the expense, you will have to work something out (e.g. cost sharing, or you remove them and seek reimbursement), since you cannot afford to allow this dangerous situation to continue, as it might endanger other residents.

ORS 90.740(4)(i) provides that it is the resident's responsibility to: "Maintain and water trees, including cleanup and removal of fallen branches and leaves, on the rented space for a manufactured dwelling except for hazard trees as provided in ORS 90.727." Thus, the resident's failure to do so in this case would constitute a basis for your issuance of a 30-day curable notice of termination under ORS 90.630(1).

If the resident declines to do the removal, and decides to move from the community, you will have to make sure that the buyer of the home is aware of the removal responsibility. You could write that into the new rental agreement. (If you do not make it a condition of the rental agreement, and they are "hazard trees," the new resident will not had a duty to remove - you will at your cost.) My guess is that with your advance notice to the prospective purchaser, the cost of removal would be deducted from the sales price.

As for your insurance agent's less than sage advice, I respectfully disagree. If a dangerous condition exists on a space in the community and it is not remedied, even though it is the tenant's primary responsibility, you will be held liable if you permit it to continue. It may be an "Act of God" in your agent's mind, but it is a foreseeable risk waiting to happen in the eyes of the law. (Henceforth, I promise not to give advice on insurance coverage, if your agent promises to refrain from practicing law.)

[1] "Diameter at breast height" i.e. 4.5 feet. See: http://www.phytosphere.com/treeord/measuringdbh.htm

Answer: RVs are treated the same as single family rentals under Oregon’s Landlord-Tenant Laws. If a tenancy is week-to-week, the landlord or the tenant may terminate by a written notice given to the other at least 10 days before the termination date specified in the notice. Tenants may terminate upon 30-days written notice. Landlords may terminate during first year of tenancy with 30-days’ notice. Subject to the following, no cause terminations are prohibited after the first year of occupancy. 

However, ORS 90.427(5) and (6) provides certain exceptions, known as Qualified Landlord Reasons (“QLR”), that permit terminations after the first year of occupancy under the following circumstances:

1. The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time; or

2. The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and: (A) The premises is unsafe or unfit for occupancy; or (B) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations; or

3. The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or

4.  The landlord has: (A) Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and (B) Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

All of the above 1-4 require 90-day advance notice. An Oregon landlord that terminates a residential tenancy under Nos. 1 -4- above must:

1. Specify in the termination notice the reason for the termination and supporting facts;
2. State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and
3. At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.

Note, some jurisdictions, including the City of Portland, have additional notice and relocation fee requirements. (See, https://www.portland.gov/phb/rental-services/renter-relocation-assistance.) This is a summary only and members should consult their lawyer or other expert for details. 

By:  Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted.  Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:

1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or no guidance to the tenant?  Avoid using general terms which are so subjective that reasonable people could differ about what constitutes a violation.  If necessary, use an example.  If the rule must necessarily be open-ended (e.g. prohibiting loud and disturbing noise or offensive behavior), tie the violation to whether the conduct results in complaints from other tenants.  That way the issue does not become whether the manager is arbitrarily exercising his or her own discretion.
2. Updating the Rules.  Oregon landlord-tenant statutes can change every yerar when the Legislature meets.  Circumstances and needs can change more frequently than that.  At least once a year, take a look at your rules to see if they are legally sufficient and whether they meet the community's present needs.  It is much easier to make smaller changes to the rules one or two at a time rather than trying to get the tenants to agree to a wholesale change of all the rules at once.  If your tenants are on leases, you have the right to submit new park documents (i.e. rules and rental agreement) not less than 60 days prior to the expiration of the lease term.  A tenant shall accept or reject the landlord's proposed new rental agreement at least 30 days prior to the ending of the term by giving written notice to the landlord.  If accepted, the rules and rental agreement will define your new rental relationship with the tenants.  It is one good way to update your rules, without having to go through a formal rules change.
3. Legally Adopting Your Rules.  If the tenants are on month-to-month tenancies, Oregon law requires that the landlord must give at least 30 days' advance written notice to make a change in the rules.  If 51% or more of the tenants affected by the rule change object within the 30 days of service of the notice, the change(s) will not go into effect.  However, if less than 51% object, the new rule(s) will become effective in 60 days from the date the notice was served on the tenants.  The law regarding the contents and timing of the notice of rule change must be strictly followed.  ORS 90.610 describes the process.  Read it carefully!  And use MHCO Form 60: "Sixty Day Notice of Rule Change".  Simply sending a letter to the tenants informing them of a change in the rules is insufficient.  If the rules are not properly adopted they will not be enforceable.  Frequently, the landlord or manager will first learn that their rules were improperly adopted when they try to enforce them.  If one or more of the rules you seek to adopt are opposed by a small but vocal minority who lobby the rest of the tenants against your change, consider meeting with them prior to giving notice of the proposed change, in an effort to mutually draft language that everyone would find acceptable.  If over 51% of the effected space still object, consider implementing the new rules for all new incoming tenants only.  That way, over time, the new rules will have wider and wider application as the older tenants

1. Keeping Track of Your Rules.  If there are more than one set of rules (i.e. old rules for existing tenants and new rules that are given to new tenants) make sure you keep track of which rules apply to which tenant.  Put copies of the applicable rules, together with the rental agreement and statement of policy, in each tenant's file.  Attempting to enforce the wrong rules against a tenant can result in disaster.  Show the date of the latest revision on the first page or, better yet, on the footer of each page.
2. Troublesome Issues.  There are some issues that seem to never go away.  Occupancy issues are one of those troublesome areas that frequently result in litigation.  If your community has rules limiting the time a visitor can stay, make sure it is clear and unambiguous.  Frequently tenants try to avoid these limits by calling their visitor a "house-sitter."  The best approach is to set a definite date, e.g. two weeks, and require that all persons who remain over that period of time must satisfy the same requirements as imposed on incoming tenants - e.g. background check, criminal check, references, etc.  Require that they sign the rental agreement.  If the existing tenant attempts to get around these occupancy rules by arguing that the person is there to provide necessary assistance because of certain physical or emotional disabilities, legal counsel should be immediately consulted due to Fair Housing implications.
3. Consistent Enforcement.  It is not uncommon for landlords and managers to grant exceptions and extensions of time for tenants to come into compliance with a particular violation.  However, landlords can get into trouble when they ignore some violators and enforce the rules against others.  Maintenance violations are a good example.  In order to enforce these rules you must be consistent.  Regular community inspections should be made.  Warnings should be given uniformly to all violators.  Thirty day notices should be given only as a last resort.  If the tenant requests an extension of time to comply, put the agreement in writing.  In those cases where legal action may need to be taken, make sure legal counsel reviews the case before filing the eviction.   Make sure your attorney is aware of your prior efforts to secure the tenant's compliance.  It is always best if the tenant's file shows a clear paper-trail of your efforts to secure voluntary compliance.

Rules and regulations are not foolproof.  Some tenants will always try to find reasons why they do not apply to them.  But clarity, consistency, and fair enforcement will go a long way in keeping peace and harmony in your manufactured housing community.

1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or no guidance to the tenant?  Avoid using general terms which are so subjective that reasonable people could differ about what constitutes a violation.  If necessary, use an example.  If the rule must necessarily be open-ended (e.g. prohibiting loud and disturbing noise or offensive behavior), tie the violation to whether the conduct results in complaints from other tenants.  That way the issue does not become whether the manager is arbitrarily exercising his or her own discretion.
2. Updating the Rules.  Oregon landlord-tenant statutes can change every two years when the Legislature meets.  Circumstances and needs can change more frequently than that.  At least once a year, take a look at your rules to see if they are legally sufficient and whether they meet the community's present needs.  It is much easier to make smaller changes to the rules one or two at a time rather than trying to get the tenants to agree to a wholesale change of all the rules at once.  If your tenants are on leases, you have the right to submit new park documents (i.e. rules and rental agreement) not less than 60 days prior to the expiration of the lease term.  A tenant shall accept or reject the landlord's proposed new rental agreement at least 30 days prior to the ending of the term by giving written notice to the landlord.  If accepted, the rules and rental agreement will define your new rental relationship with the tenants.  It is one good way to update your rules, without having to go through a formal rules change.
3. Legally Adopting Your Rules.  If the tenants are on month-to-month tenancies, Oregon law requires that the landlord must give at least 30 days' advance written notice to make a change in the rules.  If 51% or more of the tenants affected by the rule change object within the 30 days of service of the notice, the change(s) will not go into effect.  However, if less than 51% object, the new rule(s) will become effective in 60 days from the date the notice was served on the tenants.  The law regarding the contents and timing of the notice of rule change must be strictly followed.  ORS 90.610 describes the process.  Read it carefully!  Simply sending a letter to the tenants informing them of a change in the rules is insufficient.  If the rules are not properly adopted they will not be enforceable.  Frequently, the landlord or manager will first learn that their rules were improperly adopted when they try to enforce them.  If one or more of the rules you seek to adopt are opposed by a small but vocal minority who lobby the rest of the tenants against your change, consider meeting with them prior to giving notice of the proposed change, in an effort to mutually draft language that everyone would find acceptable.  If over 51% of the effected space still object, consider implementing the new rules for all newincoming tenants only.  That way, over time, the new rules will have wider and wider application as the older tenants

4. Keeping Track of Your Rules.  If there are more than one set of rules (i.e. old rules for existing tenants and new rules that are given to new tenants) make sure you keep track of which rules apply to which tenant.  Put copies of the applicable rules, together with the rental agreement and statement of policy, in each tenant's file.  Attempting to enforce the wrong rules against a tenant can result in disaster.  Show the date of the latest revision on the first page or, better yet, on the footer of each page.
5. Troublesome Issues.  There are some issues that seem to never go away.  Occupancy issues are one of those troublesome areas that frequently result in litigation.  If your community has rules limiting the time a visitor can stay, make sure it is clear and unambiguous.  Frequently tenants try to avoid these limits by calling their visitor a "house-sitter."  The best approach is to set a definite date, e.g. two weeks, and require that all persons who remain over that period of time must satisfy the same requirements as imposed on incoming tenants - e.g. background check, criminal check, references, etc.  Require that they sign the rental agreement.  If the existing tenant attempts to get around these occupancy rules by arguing that the person is there to provide necessary assistance because of certain physical or emotional disabilities, legal counsel should be immediately consulted due to Fair Housing implications.
6. Consistent Enforcement.  It is not uncommon for landlords and managers to grant exceptions and extensions of time for tenants to come into compliance with a particular violation.  However, landlords can get into trouble when they ignore some violators and enforce the rules against others.  Maintenance violations are a good example.  In order to enforce these rules you must be consistent.  Regular community inspections should be made.  Warnings should be given uniformly to all violators.  Thirty day notices should be given only as a last resort.  If the tenant requests an extension of time to comply, put the agreement in writing.  In those cases where legal action may need to be taken, make sure legal counsel reviews the case before filing the eviction.   Make sure your attorney is aware of your prior efforts to secure the tenant's compliance.  It is always best if the tenant's file shows a clear paper-trail of your efforts to secure voluntary compliance.

Rules and regulations are not foolproof.  Some tenants will always try to find reasons why they do not apply to them.  But clarity, consistency, and fair enforcement will go a long way in keeping peace and harmony in your manufactured housing community.

Answer: The Oregon landlord-tenant law does not “require” that a landlord accept partial payments. To the contrary, it provides that it is 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 rental agreement….”

A landlord may refuse to accept the tender of partial rent of rent that is not paid on time. However, if the landlord agrees to accept a partial payment of rent he/she may do so, although it should be clearly described in a well-drafted written agreement.

Such partial payments do not constitute a waiver of the right to later demand prompt performance in the future. Nor do they prevent the landlord from terminating the tenancy if the balance of the rent is not paid as agreed.

However, there are some pitfalls that the landlord must be aware of: Acceptance of a partial payment waives the right of termination if accepted after issuance of a 72-hour or 144-hour notice of termination.

When presented with a partial payment issue, landlords are wise to closely review ORS 90.417. Lastly, consistent application is important – i.e. if the landlord has permitted partial payments by some residents, he/she would be hard-pressed to disallow others the right to do so without good reason. Here are a summary of how ORS 90.417 applies to this case:

• 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 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. Doing so does not constitute a waiver, if properly documented. Here is what the landlord must do to avoid waiver: o The partial payment must have been made before the landlord issued a 72-hour or 144-hour notice for nonpayment. o The landlord must enter into a written agreement with the tenant stating that the acceptance does not constitute waiver.

o The agreement should provide that the landlord may terminate the rental agreement and take possession as provided in the Oregon FED laws if the tenant fails to pay the balance of the rent by a time certain.

o The tenant must agree in writing to pay the balance by a date/time certain.

• If the balance is not paid according to this written agreement, the landlord may serve a 72-hour or 144-hour nonpayment of rent notice – but it must be served no earlier than would have been permitted under the rental agreement and the law, had no rent been accepted.

• Notwithstanding a landlord’s acceptance of a partial payment of rent, the tenant continues to owe the landlord the unpaid balance of the rent. In other words, acceptance of partial rent does not eliminate the duty to pay the balance.

Your "Screening Criteria" is another important document that should be provided to an interested applicant. This is the document that will determine where you draw the line between acceptance and denial. Your "Screening Criteria" is a written statement of the factors the landlord considers in deciding whether to accept of reject an applicant and any qualification required for acceptance. What can you have on that list? That is up to you. Here is a brief list to get you started: unsatisfactory rental references, the absence of any prior tenant history or credit history, unsatisfactory character references, criminal history, bankruptcy filed in the past two years, payment of rent problems, no social security number, and inaccurate information on the application, insufficient debt to income ratio. All of these are reasons for denial - it is up to you establish them as a basis for acceptance into you community. For example - maybe you accept applicants with felony conviction that are 20 years or older - it is up to you to include that on your screening criteria.

Remember to apply your criteria uniformly in all applications. Do not make exceptions. The question of whether you denied one person and accepted another could be tied to a potential discrimination case. Save yourself the agony of these situations - write a "screening criteria" and apply it uniformly. Used properly and consistently it can be a tool that keeps you above any suspicion of discrimination. The one limit on your screening criteria is that you cannot deny residency to anyone because of his or her race, color, sex, handicapped status, familial status, national origin or sources of income. However, you can deny tenancy to anyone - even if they are in a protected class - if they do not meet any of the minimum criteria that you establish in your screening criteria. Often potential applicants will "self screen" themselves by reading your "screening criteria" and realizing that they do not qualify, thus saving you and the potential applicant time and energy.

Screening/Admission Criteria: All applicants should be presented with a full explanation of the established basis for acceptance or rejection. This should be a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. This may include:

• Unsatisfactory rental references
• Applicant must be 18 years or older
• Provide two pieces of identification, one with each applicant's photo from a government office (i.e. Driver's License, State ID Card, Passport) and Social Security Card
• Be gainfully employed or have verifiable income from retirement, social security or periodic income.
• If the community is either an "age 55 or older" or an "age 62 or older" Community, you must provide proof that you meet the age requirements
• The absence of any prior tenant history or credit history
• Unsatisfactory credit history
• Unsatisfactory character references
• Any criminal history
• Insufficient income to reasonably meet the monthly rental and other expense obligations
• Presence of pets or the number, type or size of pets
• Evidence that the prospective tenant has provided landlord with falsified or materially misleading information on any material items
• If the prospective tenant refuses to sign a new written rental agreement or lease agreement
• The number of additional occupants
• Adverse information contained in the public record

Additional criteria that may be added to qualify could include:

• Minimum two-year verifiable references with previous landlords
• No payment of rent problems over the past two years
• Two years of verifiable employment
• No criminal convictions
• No tax liens
• Sufficient income to pay all outstanding obligations after payment of rent
• Any individual who is a current illegal substance abuser, or has been convicted of the illegal manufacture or distribution of a controlled substance will be denied tenancy
• Any individual or pet/animal whose residency would constitute a direct threat to the health or safety of other individuals.
• If pets are permitted they must meet the requirements of state and local laws, ordinances, and the Community in regards to number, size and breed. Farm animals, exotic and/or wild animals, livestock and certain breeds of dogs. You should list breeds of dogs that are not allowed in your community
• You may want to set a percentage of net-income that should be left over after meeting all financial obligations.
• Homes must be owner occupied - no subleasing

You MUST post your community's screening criteria publicly in the office and provide written copies to all prospective residents.

Remember to apply your criteria uniformly in all applications. Do not make exceptions! Once you make an exception for one of your criteria you are opening up the possibility of future problems. You will be in the awkward position of having to explain why you made the exception to one applicant and not to another applicant. The question of whether you denied one person and accepted another could be tied to a potential discrimination case. Save yourself the agony of these situations and do not make exceptions to your screening criteria. Take the time to put your screening criteria in writing to protect yourself and provide prospective residents with a copy so that they can have the necessary information upon which to make a decision.

Remember - you cannot deny residency to anyone because of his or her race, color, religion, sex, handicapped status, familial status, national origin or source of income. However, you can deny tenancy to anyone - even if they are in a protected class - if they do not meet any of the minimum criteria.

For example: If someone applies for a space in your park and reveals that they are Catholic and have a bad credit record you cannot deny tenancy based on the fact that the individual is Catholic. However, you may deny the tenancy based on the fact that the prospective tenant has bad credit so long as the minimum screening criteria have been consistently applied.

Tell the applicant that you require a certain amount of time to screen the completed application, but that they will be notified within seven days, in accordance with Oregon law. This will give you the opportunity to complete credit and criminal checks, determine the condition of the home for pre-sale or move-in requirements, check employment and personal references; and get information about current and past tenancies.

Example: Landlord/Community
Screening or Admission Criteria

General Requirements:

1. Positive Identification with photo ID
2. A complete and accurate application. Incomplete applications will not be processed.
3. Applicant must be able to enter into a legally binding contract
4. Any applicant currently using illegal drugs or reporting a conviction for the illegal manufacture or distribution of a controlled substance will be denied.
5. Any individual who may constitute a direct threat to the health and safety of an individual, complex, neighborhood, or the property of others will be denied.
6. An application insufficient in credit and rental requirements shall require an additional security deposit equal to 50% of stated rental amount, over and above any other security deposit or additional security deposit required.
7. Applicants may qualify individually, however no person may reside in the property if they do not meet the general requirements of (3), (4) and (5).
8. In order to qualify as a co-signer you must meet all the general requirements and have a monthly income of five times the stated rent.
9. Proof of ownership of the home.

Income Requirements:

1. Gross monthly household income should be equal to two and half time the monthly rent
2. A current pay stub from your employer will be required if we are unable verify income over the phone. If you are unemployed you must have income or liquid assets equal to two and half time the annual rent. Self employed individuals will be required to show the previous year tax return and employment will be verified through the state. A recorded business name or corporate filing will suffice.
3. If applicant does not earn enough income to reside in the property then a co-signor will be required.
4. Your application will be denied if we are unable to determine you earn a legal source of income.

Rental Requirements:

1. One year of rental history or mortgage history verifiable by a third party is required. Current or previous mortgage history showing late payments will require an additional deposit of one month rent.
2. Eviction free rental history is required.
3. Rental history from a non-third party will require an additional deposit of one month rent or a cosignor.
4. Rental history with past due rent or an outstanding balance will be denied.
5. If previous landlord fails to give a reference or give a negative reference application will be denied.
6. Three (3) or more 72 hour notices within a one year period will result in denial.
7. Three (3) or more NSF checks within a one year period will result in denial.
8. Rental history demonstrating disruptive complaints or neglect will result in denial.

Credit Requirements:

1. A credit history with negative reports will not be accepted. A negative report is considered an non medical item 60 days past due or greater, collections, repossessions, liens, judgments or garnishments. Negative credit will result in additional guidelines as follows
   1. A credit report containing a discharged bankruptcy will require an additional deposit of one month's rent or co-signor.
   2. 1-2 items 60 days past due or greater, collections, repossessions, liens judgments or garnishments will require an additional deposit of one month's rent or co-signor.
   3. 3-5 of the items above will require an additional one and half time security deposit.
   4. 6-8 of the items above will require an additional one and half time security deposit plus a cosignor.
   5. 9 or more will result in complete denial

Criminal:

Upon receipt of the rental application and a screening fee, Landlord will conduct a search of the public records to determine whether the applicant or any proposed tenant has been convicted of, or pled guilty to, or no contest to, any crime.

1. A conviction, guilty plea, or no-contest plea, ever for: any felony involving serious injury, kidnapping, death, arson, rape, sex crimes/ and or child sex crimes, extensive property damage, or drug related offenses (sale, manufacture, delivery, possession with intent to sell) A/ Felony burglary or class A/ Felony robbery or;
2. A conviction, guilty plea, or no-contest plea, where the date of disposition, release or parole have occurred within the last seven years for any; felony charges or;
3. A conviction, guilty plea, or no-contest plea, where the date of disposition, release or parole have occurred within the last seven years for; any misdemeanor or gross misdemeanor involving assault, intimidation, sex related, drug related (sale, manufacture, delivery or possession), property damage or weapons charges; or
4. A conviction, guilty plea, or no-contest plea, where the date of disposition, release or parole have occurred within the last three years for; any class B or C misdemeanor in any of the above categories or any misdemeanors in the above categories or any misdemeanors involving criminal trespass I, theft, dishonesty, prostitution shall be grounds for denial of the rental application. Pending charges or outstanding warrants for any of the above will result in suspension of the application process until the charges are resolved. Upon resolution, if the desired unit is available, the application process will be completed. Units will not be held awaiting resolution of pending charges.

Denial Policy:

If you applicant is being denied to adverse and negative information being reported, you should:

1. If it is credit related, contact the credit reporting agency listed in the denial letter in order to:
   1. Identify who is reporting negative information about you
   2. Request a correction if the information being reported is incorrect.

Remember - the "Ideal Resident":

1. Pays the rent on time.
2. Keeps the outside of the manufactured home and the space in a clean and well maintained manner.
3. Does not litter, damage or destroy community property.
4. Does not disturb the neighbors.

The key to identifying the "Ideal Resident" is a thorough and complete processing of the rental application and the supplemental verification forms, combined with a personal interview of the prospective tenant. "Snap judgements" or a "hurry to rent the space" must be avoided.

Used properly and consistently, the Rental Application and supplemental verification forms will prove helpful in countering charges of discrimination in renting spaces. The application should be used in conjunction with a personal interview of the entire household, which can reveal characteristics that do not come through on the written application. In order to protect yourself against claims, you must adopt and consistently follow specific guidelines and procedures by which each and every application is reviewed. The "Resident Acceptance Policy" will assist you in documenting the basis for your acceptance or rejection of each application. It is a good idea to maintain all rejected applications and supporting information for a period of at least three years. Tenant screening is a very important part of community management and it should not be done without reason and consistency. Tenant screening cannot be based on your personal feelings or emotions.

A thorough screening is your best resource for finding good residents. Current residents in surrounding home sites will feel more secure knowing their neighbors have also been screened.