Search

Answer: I assume when he was first accepted as a resident he did not have a criminal record for any sex offenses. The statute that comes into play is ORS 90.630 (Termination by landlord; causes; notice; cure; repeated nonpayment of rent.) It provides, in part: " ... the landlord may terminate a rental agreement that is a month-to-month or fixed term tenancy for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days' notice in writing before the date designated in the notice for termination if the tenant: (c) Is determined to be a predatory sex offender under ORS 181.585 to 181.587;" This statute has only been in existence for a few years. As I read it, assuming that at the commencement of the tenancy, a landlord ran a criminal background check on a prospective resident and nothing showed him to be a sex offender - and they he later committed a sexual offence - you can evict them at as soon as you find out. In this case, it would seem that you can exclude him on that basis alone. Had this law been on the books when he committed the crime, and he didn'tgo to jail, you could have evicted him at the time. Now that it's on the books, I think you have the same right to keep him out, i.e. to protect the residents' visiting grandchildren. The only issue is whether he is '_a predatory sex offender under ORS 181.585 to 181.587." Here is what those statutes say, and I imagine you will have to verify whether he falls into one of the categories. 181.585 "Predatory sex offender" defined; determination. (1) For purposes of ORS 181.585 to 181.587, a person is a predatory sex offender if the person exhibits characteristics showing a tendency to victimize or injure others and has been convicted of a sex crime listed in ORS 181.594 (5)(a) to (d), has been convicted of attempting to commit one of those crimes or has been found guilty except for insanity of one of those crimes. (2) In determining whether a person is a predatory sex offender, an agency shall use a sex offender risk assessment scale approved by the Department of Corrections or a community corrections agency. [Formerly 181.507; 1997 c.538 _10; 2005 c.567 _16; 2009 c.713 _14] 81.586 Notice to appropriate persons of supervised predatory sex offender; content; additional duties of supervising agency. (1)(a) If the State Board of Parole and Post-Prison Supervision for a person on parole or post-prison supervision or the Department of Corrections or a community corrections agency for a person on probation makes a determination that the person under its supervision is a predatory sex offender, the agency supervising the person shall notify: (A) Anyone whom the agency determines is appropriate that the person is a predatory sex offender; and (B) A long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility. (b) When a predatory sex offender has been subsequently convicted of another crime and is on supervision for that crime, the agency supervising the person, regardless of the nature of the crime for which the person is being supervised: (A) May notify anyone whom the agency determines is appropriate that the person is a predatory sex offender; and (B) Shall notify a long term care facility, as defined in ORS 442.015, or a residential care facility, as defined in ORS 443.400, that the person is a predatory sex offender if the agency knows that the person is seeking admission to the facility. (2) In making a determination under subsection (1) of this section, the agency shall consider notifying: (a) The person's family; (b) The person's sponsor; (c) Residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent; and (d) Any prior victim of the offender. (3) When an agency determines that notification is necessary, the agency may use any method of communication that the agency determines is appropriate. The notification: (a) May include, but is not limited to, distribution of the following information: (A) The person's name and address; (B) A physical description of the person including, but not limited to, the person's age, height, weight and eye and hair color; (C) The type of vehicle that the person is known to drive; (D) Any conditions or restrictions upon the person's probation, parole, post-prison supervision or conditional release; (E) A description of the person's primary and secondary targets; (F) A description of the person's method of offense; (G) A current photograph of the person; and (H) The name or telephone number of the person's parole and probation officer. (b) Shall include, if the notification is required under subsection (1)(a)(B) or (b)(B) of this section, the information described in paragraph (a)(D), (F) and (H) of this subsection. (4) Not later than 10 days after making its determination that a person is a predatory sex offender, the agency supervising the person shall: (a) Notify the Department of State Police of the person's status as a predatory sex offender; (b) Enter into the Law Enforcement Data System the fact that the person is a predatory sex offender; and (c) Send to the Department of State Police, by electronic or other means, all of the information listed in subsection (3) of this section that is available. (5) When the Department of State Police receives information regarding a person under subsection (4) of this section, the Department of State Police, upon request, may make the information available to the public. (6) Upon termination of its supervision of a person determined to be a predatory sex offender, the agency supervising the person shall: (a) Notify the Department of State Police: (A) Of the person's status as a predatory sex offender; (B) Whether the agency made a notification regarding the person under this section; and (C) Of the person's level of supervision immediately prior to termination of supervision; and (b) Send to the Department of State Police, by electronic or other means, the documents relied upon in determining that the person is a predatory sex offender and in establishing the person's level of supervision. (7) The agency supervising a person determined to be a predatory sex offender shall verify the residence address of the person every 90 days. [Formerly 181.508; 1997 c.538 _11; 1999 c.626 _10; 1999 c.843 _2; amendments by 1999 c.626 _33 and 1999 c.843 _3 repealed by 2001 c.884 _1; 2001 c.884 _11; 2005 c.671 _11] 181.587 Availability of information on supervised predatory sex offender. (1) Unless the agency determines that release of the information would substantially interfere with the treatment or rehabilitation of the supervised person, an agency that supervises a predatory sex offender shall make any information regarding the person that the agency determines is appropriate, including, but not limited to, the information listed in ORS 181.586 (3), available to any other person upon request. (2) Notwithstanding subsection (1) of this section, the agency shall make the information listed in ORS 181.586 (3), or any other information regarding the supervised person that the agency determines is appropriate, available to any other person upon request if the person under supervision: (a) Is a predatory sex offender; and (b) Is neglecting to take treatment or participate in rehabilitation. [Formerly 181.509] MHCO Note: The law regarding the eviction of sexual predators was championed by MHCO several years ago. Through MHCO's efforts in the Landlord-Tenant Coalition, MHCO was able to change Oregon Statutes to give Landlords in manufactured home communities the right to evict an existing resident in a community who is discovered to be a predatory sex offender.

A fire or ambulance crew can’t safely respond to a medical emergency in a single family home because the resident has belongings stacked up to the ceiling and blocking many windows or doors.

A tenant living in an apartment faces eviction when he or she fails to pass a follow-up inspection after several warnings about lease violations related to items that create a tripping hazard, fire danger, or limit access to maintenance staff. The tenant then contacts their case manager in a panic.

These are just two examples of possible complications in housing settings that could impact housing providers.  Hoarding is distinct from simply building a collection, which is usually displayed with pride, or letting a few days of dishes and laundry pile up when life gets busy. A person who has been diagnosed with hoarding has a disability under the Fair Housing Act1. Hoarding has been added to the DSM-5, the latest version of the American Psychiatric Association’s classification and diagnostic tool, and is now recognized as diagnosable condition independent of other mental health conditions.

FHCO had received a few calls about potential hoarding situations by the time an invitation came in the spring of 2013 to participate in a collaborative Multnomah County conversation about the issue. Two graduate social work students serving as interns in the Multnomah County Office of Aging and Disability Services convened various agencies to meet for a “community assessment.” Attendees have included representatives of several nonprofit and for-profit housing providers, Aging and Disability and Adult Protective Services, Legal Aid, Animal Control, and Assessments and Tax. This Hoarding Task Force has continued to meet regularly, researching resources and bringing in experts to assist in coordinating services and developing best practices. The group is now beginning the process of staffing cases and developing a more formal protocol.  The good news is that there are new cognitive behavioral therapy models that can be successful in treating hoarding.

Since hoarding disorder is a disability under the Fair Housing Act, these individuals have the right to request a reasonable accommodation (RA) from a housing provider. This might include providing an agreed upon length of time to bring in a professional cleaner / organizer to help clear pathways, reduce pile heights, clear materials in front of heating vents, etc. More will probably be needed than a single deep clean. There may be several steps to the RA request, prioritizing the most immediate safety needs and then allowing a more gradual timeline for reducing other clutter, in conjunction with a professional organizer or mental health provider.

As with any RA request, housing providers need to evaluate the request and the verification of disability and respond in a timely manner. Housing providers are always well advised to review the legal reasons for denial, consult with a fair housing attorney, document the rationale for their decision, and feel comfortable defending it if a complaint / case follows when making a decision on a RA request.  As always, regardless of the request that’s made or what the disability is, if a denial is made, HUD says a conversation should ensue about what would work for the individual with the disability. 

Want to learn more?  Suggested reading list:

• Hoarding basics: www.psychiatry.org/hoarding-disorder -- American Psychiatric Association: “Hoarding Disorder”
• "The Hoarding Handbook: A Guide for Human Services Professionals" – Bratiotis, Christina, et. al., New York: Oxford University Press, 2011
• “Task Forces Offer Hoarders a Way to Dig Out” – The New York Times, Jan Hoffman, 5/26/13
• “Obsessive compulsive and related disorders” – American Psychiatric Publishing

This article brought to you by the Fair Housing Council; a civil rights organization.  All rights reserved © 2015. 

[1] Federally protected classes under the Fair Housing Act include:  race, color, national origin, religion, sex, familial status (children), and disability.  Oregon law also protects marital status, source of income, sexual orientation, and domestic violence survivors.  Additional protected classes have been added in particular geographic areas; visit FHCO.org/mission.htm and read the section entitled “View Local Protected Classes” for more information.

Question: My RV tenant doesn't receive mail, how do I serve him with notices? Answer: Oregon landlord tenant law allows service of notices three ways: first class mail, personal delivery and nail and mail." ORS 90.155. We always advise our clients to deliver notices by first class mail. Not certified

Answer: ORS 90.680 permits tenants to resell their homes to qualified prospective tenants. The refusal to permit or process new applications would appear, on its face, to be a clear violation of the statute.[1] The landlord certainly has the right to screen the new applicants, but not to refuse them outright. Moreover, it is highly likely that some or all of the existing tenants' rental agreements also mirror ORS 90.680, which gives them the contractual right to resell their home, on site, to qualified prospective purchasers. Thus, on two counts, the Oregon Residential Landlord Tenant Law, and the rental agreement, it would appear that the landlord's conduct would expose him/her to potential legal action. It is also possible that even the potential purchasers may have a potential cause of action against the landlord.

[1] The question does not indicate why the landlord has adopted this policy. While there may conceivably be some rationale explanation, I know of no legal justification for the policy in the Oregon Residential Landlord Tenant Act.

1. A landlord may charge a screening fee solely to cover the costs of obtaining information on the applicant.  The landlord must provide the applicant with a receipt for any such screening fee.
2. A landlord may not charge non-refundable fees to secure a signing of a rental agreement.
3. A landlord may charge a deposit to an applicant for the purpose of securing the execution of a rental agreement after the applicant's application has been approved.   If the rental agreement is executed, the landlord shall either apply the deposit toward the moneys due the landlord under the rental agreement or refund it immediately to the tenant/resident.
4. If the Rental Agreement is not executed due to a failure by the applicant to comply with the agreement to execute, the landlord may retain the deposit.
5. If the Rental Agreement is not executed due to a failure by the resident to comply with the agreement to execute, then the landlord shall return the deposit to the applicant within four days.

 A landlord may charge a fee more than once, at the beginning of or during the tenancy, for:

1. A late rent payment
2. A dishonored check
3. Removal or tampering with a properly functioning smoke alarm or smoke detector
4. Any other noncompliance by the tenant with a written rental agreement that provides for a fee for that noncompliance, provided that the fee is not excessive.

Consignments. First, it gave a name to the process; consignment". It is defined as follows: "...an agreement in which a tenant authorizes a landlord[2]to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation."

Question: We just acquired a manufactured home in our community. I would rather sell it to a new tenant, but would consider renting it out or doing a rent-to-own. If I pursue rent-to-own option, will I be subject to the new SAFE Act?

Answer: Remember that the SAFE Act only applies if the seller/landlord is providing financing, and in doing so, is going to make a credit decision regarding the buyer's financial capacity.

In short, so long as you don't extend credit (which includes carrying back a security agreement or other form of installment payment contract) you're not subject to the Act. If you do a credit check for your prospective tenant, this would not be covered by SAFE. Make sure that your lease/option or rent-to-own paperwork is reviewed by legal counsel - and under no circumstances do you want to offer an extension of credit in the transactional documents. Under SAFE, if you extend credit for the purchase of the home you would have to be a Mortgage Loan Originator as described in the Act. I did an extensive summary (FAQs) on the SAFE Act, and you can link directly to it on the MHCO website.

However, on another note, you might want to consider what you are getting into as a landlord of mobile homes. First, you will be responsible for providing certain statutory essential services" which are far more extensive than if you were merely a landlord of the space. Additionally

The Rental Application form provides the basic information needed to make a decision on accepting the applicant. Under current Oregon Law you will have not more than 7 days from application to accept or decline a prospective resident. Used properly, the rental application and personal interview will prove helpful in countering charges of discrimination in renting spaces. When completed, a rental application should reveal:

• Financial information
• Employment information
• Residence history
• Household members
• Social security number(s)
• Driver license number(s)
• Ownership or lien-holder of the unit
• Age, size and condition of the unit
• Information about motor vehicles
• Pets
• Age verification if the community is classified as 55 or older or 62 or older housing
• Credit references
• Emergency contacts
• Authorization to do credit and criminal checks
• Acknowledgement of receipt of disclosure documents

At the time the prospective tenant returns an application for residency, the manager or landlord should provide the prospective tenant with copies of the Statement of Policy, the rent history of the space, the Rental Agreement and the Rules and Regulations. These documents may have been provided earlier in the application packet. You may provide these documents anytime prior to the signing of the rental/lease agreement (ORS 90.510(3)(a). However, make sure that the receipt for receiving these documents is signed prior to signing the rental agreement.

As mentioned earlier, it is advisable to provide the prospective resident these documents with the application so that the prospective resident can make an informed decision regarding where they would like to apply. Take time to make sure the prospective resident is aware of the content of each of these documents. It will do the community or the resident little good to have the prospective resident move in without taking the time to read and understand the Statement of Policy, the rent history of the space, the Rental Agreement and the Rules and Regulations. Poorly informed residents will likely result in future problems in the community. 

Over the past two years the Oregon Manufactured Housing Landlord Tenant Coalition reviewed sub metering statutes.  Last year a landlord-tenant work group drafted a number of significant changes to existing statute.  Those changes were adopted into the Landlord Tenant Coalition Bill (SB 586) and passed by the Oregon Legislature.  Attached is a review of those changes by MHCO Attorney Phil Querin.

Phil will be covering these changes during his presentation at the 2019 MHCO Annual Conference.

Answer: In theory, you should be able to give a 20-day non-curable notice within the 30 days if the same violation occurs. This is because the law provides that the 20-day notice may be issued if substantially the same violation occurs within six months of the date of issuance of the 30-day notice. A few years ago, the law measured the six month period from the end of the 30-day period. However, the law was changed a few years ago, and it would seem that now you should not have to wait until expiration of the 30-day period before issuing a 20-day notice. Otherwise, after the first 30-day notice, the tenant could speed through the park with impunity for the entire 30 days and the landlord could do nothing until the violation occurred again. This result makes no sense. However, there is a related situation which gives a different result: What if the violation was not an "act" such as speeding, but a "failure to act," such as not maintaining the yard? In that case, if the tenant failed to clean up the yard within the 30-day period, the landlord would be entitled to file for eviction immediately after expiration of the 30 days and would not have to issue a 20-day notice.