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Answer: ORS 90.530 (Pets in Facilities) provides as follows:

Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility. The tenant may replace a pet with a pet similar to the one living with the tenant at the time the landlord provided notice of the proposed change. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations.

(2)A rental agreement between a landlord renting a space for a manufactured dwelling or floating home and a tenant renting the space must comply with the following:

(a)A landlord may not charge a one-time, monthly or other periodic amount based on the tenant’s possession of a pet.

(b)A landlord may provide written rules regarding control, sanitation, number, type and size of pets. The landlord may require the tenant to sign a pet agreement and to provide proof of liability insurance. The landlord may require the tenant to make the landlord a co-insured for the purpose of receiving notice in the case of cancellation of the insurance.

(c)A landlord may charge a tenant an amount for a violation of a written pet agreement or rules relating to pets not to exceed $50 for each violation.

MHCO Form 05A Space Rental Agreement provides in relevant part:

• Sec. 5 (Additional Fees and Charges) includes place for Landlord to attach the Pet Agreement.
• Section 8 (Community Rules and Regulations; Fines) provides: 8.1 TENANT represents that TENANT has read the Community Rules and Regulations, and agrees to comply therewith, as well as any additional rules and regulations that have been adopted by LANDLORD. A copy of the Community Rules and Regulations is attached and made part of this Agreement. TENANT is responsible for the acts of members of TENANT’S household, TENANT’S pets, occupants, guests and visitors. Violation of this Agreement or any Community Rule and Regulations may be cause for termination. 8.2 As more fully described in ORS 90.302, LANDLORD may charge TENANT a fee for each occurrence of the following: (a) A late Rent payment; (b) A dishonored check; (c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm; (d) The violation of a written pet agreement or of a rule relating to pets in the Community;
• Sec. 12. (Tenant Agreements)TENANT agrees to the following: A. To be responsible for and pay all damages caused by the acts of TENANT, other occupants of TENANT’S Space, TENANT’S pets, occupants, guests and visitors.*** J. (Not applicable unless box is checked.)Maintain a homeowner’s policy of insurance that includes:(a) Coverage for fire in an amount sufficient to replace the Home; and (b) A general liability policy of not less than $100,000 per occurrence. (Note: The liability policy should comply with ORS 90.222.[1]) TENANT agrees to provide LANDLORD, upon request, with a current copy of such policy or policies. TENANT(S) Initials: _____________
• Sec. 13B (1) (Termination of Tenancy by Landlord): TENANT or others occupying TENANT’S Home violate a law or ordinance which relates to TENANT’S conduct as a tenant or violates this Agreement or the Community Rules and Regulations. 

MHCO For 21 (Pet Agreement) provides in relevant part:

Sec. 4. Resident shall maintain at all times a policy of general liability insurance in a company satisfactory to Management with coverage of not less than $250,000 naming Management as a co-insured. Said policy shall provide insurance coverage in the event of any claims, damages or liability arising as a result of any injuries to other Residents, their guests or other third parties directly or indirectly caused by Resident’s pet(s). Said policy shall include a provision that Management must be notified prior to cancellation. A copy of the policy shall be provided to Management together with evidence satisfactory to management that the policy is in full force and effect for so long as Resident has the pet(s) at this Community.

MHCO For 21A (Assistance Animal Agreement) provides in relevant part:

Appearing at top of form: [Note: Landlord reserves the right to refuse to permit an animal becoming an assistance animal if: (a) It has previously caused verifiable and significant damage or injury to persons or property in the Community; (b) Landlord’s insurance carrier would cancel, substantially increase premiums, or adversely change policy terms because of the presence of a certain breed of dog or a certain animal andit would impose an undue financial and administrative burden for Landlord to secure a substitute carrier which would provide coverage for the Animal (hereinafter “Undue Burden”). Prior to such refusal, Landlord should secure written verification substantiating the Undue Burden.]

Summary of Above Information

• ORS 90.530 (Pets in Facilities) permits landlords to enact rules and regulations regarding pets. It also provides that management may require that tenants carry liability insurance on their pets and name the landlord as a co-insured.
• ORS 90.222 (Renter’s liability insurance), quoted in Footnote 1, does not apply to manufactured housing communities. ORS 90.222 addresses tenant liability insurance but says nothing about insurance for pets. Nevertheless, the provisions of ORS 90.222 should be reviewed, perhaps as a “best practice”, as they contain certain landlord limitations that perhaps can be applied when requiring pet insurance (See, for example, the provisions at Subsections 8 and 9 regarding family income limitations and subsidized housing.) In the event of a conflict between ORS 90.222 and ORS 90.530 (e.g. naming management as a co-insured under ORS 90.530), the manufactured housing statute, ORS 90.530, would apply, as ORS 90.222 does not pertain to parks
• The MHCO Space Rental Agreement addresses tenant liability insurance of at least $100,000, but this is optional, and the adjacent box must be checked to apply. It also allows landlord to require the tenant to sign a Pet Agreement. Under the Space Rental Agreement there are several provisions regarding tenant responsibility and liability for damage or injury caused by their pets.
• The MHCO Pet Agreement requires $250,000 liability insurance, naming management as a co-insured.
• The MHCO Assistance Animal Pet Agreement does notrequire that tenants obtain liability insurance, since an assistance animal is not regarded as a “pet”. However, it does permit management to decline to allow an assistance animal if, under certain circumstances, its insurance carrier would not provide insurance or would substantially increase the current premium.
• Note: I did not address park rules, since they can vary widely. But there is little question that park management may have a mandatory pet liability insurance provision in its rules, and as long as they apply to everyone, a rule change can be applied retroactively.

[1]90.222 Renter’s liability insurance.(1) A landlord may require a tenant to obtain and maintain renter’s liability insurance in a written rental agreement. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same rental market, whichever is greater.

      (2) Before entering a new tenancy, a landlord:

      (a) Shall advise an applicant in writing of a requirement to obtain and maintain renter’s liability insurance and the amount of insurance required and provide a reasonable written summary of the exceptions to this requirement under subsections (8) and (9) of this section.

      (b) May require an applicant to provide documentation of renter’s liability insurance coverage before the tenancy begins.

      (3) For an existing month-to-month tenancy, the landlord may amend a written rental agreement to require renter’s liability insurance after giving the tenant at least 30 days’ written notice of the requirement and the written summary described in subsection (2) of this section. If the tenant does not obtain renter’s liability insurance within the 30-day period:

      (a) The landlord may terminate the tenancy pursuant to ORS 90.392; and

      (b) The tenant may cure the cause of the termination as provided by ORS 90.392 by obtaining insurance.

      (4) A landlord may require that the tenant provide documentation:

      (a) That the tenant has named the landlord as an interested party on the tenant’s renter’s liability insurance policy authorizing the insurer to notify the landlord of:

      (A) Cancellation or nonrenewal of the policy;

      (B) Reduction of policy coverage; or

      (C) Removal of the landlord as an interested party; or

      (b) On a periodic basis related to the coverage period of the renter’s liability insurance policy or more frequently if the landlord reasonably believes that the insurance policy is no longer in effect, that the tenant maintains the renter’s liability insurance.

      (5) A landlord may require that a tenant obtain or maintain renter’s liability insurance only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail or by posting in a common area or office. The documentation may consist of a current certificate of coverage. A written rental agreement that requires a tenant to obtain and maintain renter’s liability insurance must include a description of the requirements of this subsection.

      (6) Neither a landlord nor a tenant shall make unreasonable demands that have the effect of harassing the other with regard to providing documentation of insurance coverage.

      (7) A landlord may not:

      (a) Require that a tenant obtain renter’s liability insurance from a particular insurer;

      (b) Require that a tenant name the landlord as an additional insured or as having any special status on the tenant’s renter’s liability insurance policy other than as an interested party for the purposes described in subsection (4)(a) of this section;

      (c) Require that a tenant waive the insurer’s subrogation rights; or

      (d) Make a claim against the tenant’s renter’s liability insurance unless:

      (A) The claim is for damages or costs for which the tenant is legally liable and not for damages or costs that result from ordinary wear and tear, acts of God or the conduct of the landlord;

      (B) The claim is greater than the security deposit of the tenant, if any; and

      (C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer.

      (8) A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the household income of the tenant is equal to or less than 50 percent of the area median income, adjusted for family size as measured up to a five-person family, as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

      (9) A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the dwelling unit of the tenant has been subsidized with public funds:

      (a) Including federal or state tax credits, federal block grants authorized in the HOME Investment Partnerships Act under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, or the Community Development Block Grant program authorized in the Housing and Community Development Act of 1974, as amended, project-based federal rent subsidy payments under 42 U.S.C. 1437f and tax-exempt bonds.

      (b) Not including tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f or any other local, state or federal rental housing assistance.

      (10) Subsection (9) of this section does not apply to a dwelling unit that is not subsidized even if the unit is on premises in which some dwelling units are subsidized.

      (11)(a) If a landlord knowingly violates this section, the tenant may recover the actual damages of the tenant or $250, whichever is greater.

      (b) If a landlord files a frivolous claim against the renter’s liability insurance of a tenant, the tenant may recover from the landlord the actual damages of the tenant plus $500.

      (12) This section does not:

      (a) Affect rights or obligations otherwise provided in this chapter or in the rental agreement.

      (b) Apply to tenancies governed by ORS 90.505 to 90.850. [2013 c.294 §2; 2015 c.180 §38; 2015 c.388 §5]

Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation. Secondly, ORS 90.740(f) requires that tenants “(u)se electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems. The tenant is using the water system in an unreasonable manner when they refuse to fix the leaks.

ORS 90.630 (Termination by Landlord) provides, in relevant part, the following:

 (1) Except as provided in subsection (4) of this section, 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:

      (a) Violates a law or ordinance related to the tenant’s conduct as a tenant, including but not limited to a material noncompliance with ORS 90.740;

      (b) Violates a rule or rental agreement provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy, including but not limited to a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing….

ORS 90.630 goes on to explain that you may issue a 30-day written notice of termination, allowing the tenant to fix the leaks within 30 days and avoid termination. If they fail to do so, you may file for eviction. If they cure, but the problem occurs again within six months following the date of your earlier 30-day notice, you may terminate the tenancy within 20 days, and there is no opportunity to cure. MHCO has the necessary forms.

Be sure you have papered your file to support your contention that these are water leaks for which the tenant is responsible, and then specifically describe the violations (there are two of them, one under the Lease, and the other under the statute)  in the Notice. 

Answer B:  This question is same as the prior one and the answer is the same (although the placement of the requirement may not be in the same location, depending on the date of your lease or rental agreement). Just make sure you have the evidence (e.g. plumber statement) before acting, and that you adequately identify the problem and solution in the Notice. 

The case involved a mobile home park landlord who filed an eviction case because the tenant was allowing her adult son and his girlfriend to stay in the tenant's home without park approval. The park is a "55 or older" facility, and neither the son or girlfriend met the park's age requirements. More importantly, the son's presence in the park was accompanied by constant visitor traffic at all hours of the day.

The park issued a 30-day, for-cause notice to the tenant after confirming that the son and girlfriend were indeed staying there. At trial, the judge believed the evidence that the son was staying in the home, but took issue with the park's overnight guest policy. The judge found that the rental agreement policy allowing only 14 overnight visits per year was "unconscionable." The court stated that the limit was "unreasonable, obscure, and empowers Landlord excessively to Tenant's detriment." The judge went on to consider other factors in deciding the case, but an underlying theme was that tenants should be allowed more time for guest visits.

As a trial court decision, the case does not establish a legal precedent on overnight guest visits. However, while each case is different, landlords could limit their potential liability by expanding overnight visits above 14 days per year. Based on this particular judge's opinion, a 21-day per year limit might be a good safeguard. This adjustment could help negate the "unconscionable" argument by establishing a more relaxed guest policy.

If your park rules already allow more than 14 overnights per year for guests, it would be wise to rely on that policy to enforce guest visits. If you choose to amend your existing guest policy, mobile home park landlords can do so by issuing a rule change notice under ORS 90.610 (MHCO Form 60.) Non-park landlords can implement a new guest policy by having tenants sign off on a new guest policy rule. However, as usual, consult with an attorney before undertaking any rule changes with your tenants, and before filing an eviction action based on guest limitation violations.

MHCO FORM UPDATE: MHCO's rental agreement forms are in the process of being updated to allow 21 days per calendar year for guest visits (MHCO Forms 05A, 05B, 05C, and MHCO Form 80).

Answer:  First, a reminder. MHCO’s Q&As are provided as a member benefit for information only; they should not be relied upon as legal advice. You need to check with your own attorney on a detailed answer to your question.

In 2021, ORS 329A.440 was passed. There are two types of facilities addressed in the law:

(a) A “Child care center” which is a child care facility, other than a certified family child care home (see (b) below) and

(b) a “Family child care home” which is a child care facility in a dwelling that is caring for not more than 16 children and is certified (when certification is required) or is registered under ORS 329A.330 , when registration is required. A family child care home is considered a residential use of property for zoning purposes and is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-familydwellings.

Local governments may not enact or enforce land use regulations prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home. This is the law that may apply in the case of your residents.

Without knowing what your rules state, I cannot say if they are technically in violation of the new law. But in my opinion, even though these facilities are legally permitted, there are a number of conditions you may impose on their operation. However, legal counsel should vet them first. Here are some suggestions to tighten up your rules:

• Require that the business complies with all state and local laws, rules and regulations. You need to first check with the applicable state or local agency to find out what they are and what you should do if there are violations (See: https://www.oregon.gov/delc/providers/pages/certified-family.aspx and chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.oregon.gov/delc/providers/CCLD_Library/CCLD-0085-Rules-for-…)
• You should require that liability insurance be maintained with proof provided to you yearly. The amount is not set forth in the statute. Check the administrative rules and with the licensing authority.  Check also with your insurance agent. 
• Of major concern should be traffic and reasonable restrictions on this are permitted.
• Similarly, you should have reasonable restrictions on outdoor play, bikes, trikes, games, etc., especially in streets. And remember common areas are for everyone, so you don’t want it to become a playground.
• Noise can be a problem, although the main issue to regulate is hours of the day because of neighbors (it’s impossible to regulate the sound of happy children!).
• All of your regulations should be in writing and consistently imposed. The failure to do so could lead to complaints to local authorities.
• Do not forget that federal and state housing laws prohibit discrimination against children, i.e., those under 18 years of age. Violations could lead to complaints with the Oregon Bureau of Labor and Industries (BOLI) which could eventually end up in court.

The take-away for you is that notwithstanding the fact you may not be able to prohibit such a business in your Park, if you know the regulatory rules, publish them, and consistently enforce them, you will be fine.

Three final notes: (a) Do not try to congregate these businesses in one area of the park. That, in itself, can lead to legal action; (b) the above does not apply if you are a 55+ or 62+ facility; and discuss with your attorney and insurance agent all possible legal liability issues that could result in claims. Good luck!

Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation. Secondly, ORS 90.740(f) requires that tenants “(u)se electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems. The tenant is using the water system in an unreasonable manner when they refuse to fix the leaks.

ORS 90.630 (Termination by Landlord) provides, in relevant part, the following:

 (1) Except as provided in subsection (4) of this section, 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:

      (a) Violates a law or ordinance related to the tenant’s conduct as a tenant, including but not limited to a material noncompliance with ORS 90.740;

      (b) Violates a rule or rental agreement provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy, including but not limited to a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing….

ORS 90.630 goes on to explain that you may issue a 30-day written notice of termination, allowing the tenant to fix the leaks within 30 days and avoid termination. If they fail to do so, you may file for eviction. If they cure, but the problem occurs again within six months following the date of your earlier 30-day notice, you may terminate the tenancy within 20 days, and there is no opportunity to cure. MHCO has the necessary forms.

Be sure you have papered your file to support your contention that these are water leaks for which the tenant is responsible, and then specifically describe the violations (there are two of them, one under the Lease, and the other under the statute)  in the Notice. 

Answer B:  This question is same as the prior one and the answer is the same (although the placement of the requirement may not be in the same location, depending on the date of your lease or rental agreement). Just make sure you have the evidence (e.g. plumber statement) before acting, and that you adequately identify the problem and solution in the Notice.

1. Question: When will the Bill go into effect, and what does that mean for 90-day rent increase notices issued in manufactured housing communities before the effective date?

Answer:  The effective date is September 1, 2025. It is not “retroactive” i.e., it cannot affect notices legally issued before then. So rent increase notices properly issued (i.e., delivered, attached and posted, or mailed) before September 1, 2025 will not be affected. However, rent increase notices issued on or after September 1, 2025 must comply with the new laws in every respect.

2. Question: What if I issued a rent increase for less than the current maximum increase cap in February 2025? Can I issue another one before the September 1, 2025 effective date so long as it does not exceed the current cap before HB 3054 becomes effective? 

Answer: ORS 90.600(1)(b) currently provides that a park landlord may not increase the rent more than once in any 12-month period. HB 3054 did not affect that law. In other words, once you issued a rent increase in any 12-month period, you cannot issue another one covering that same 12-month period. The only exception – which you should confirm with your own attorney – is if you issued a limited rent increase for only six months in February 2025, it would seem you could issue a second one for six months before September 1, 2025 and avoid any new regulations under HB 3054. But this is not legal advice; you must confirm with your own attorney.

3. Question: As a landlord, I own three homes in my community that I rent out to tenants. How will HB 3054 affect me?

Answer: HB 3054 amended ORS 90.324 to provide that (1) No later than September 30th of each year, the Oregon Department of Administrative Services (“DAS”) shall calculate the maximum annual rent increase percentage allowed for the following calendar year  as the lesser of Ten percent (10.00%) or  Seven percent (7.00%) plus the applicable CPI.

4. Question: Does HB 3054 apply to RVs or RV parks?

Answer:  RVs are subject to the general landlord-tenant law and are not subject to the manufactured housing statutes in ORS 90.505-.850. In other words, the laws that apply to all other tenants, e.g., those in apartment, rental homes/condominiums, etc. They are affected by HB 3054 as described in the Answer to Question No. 3, above.

5. Question: Does HB 3054 apply to marinas and floating home communities?

Answer:  Marina and floating home communities are subject to the same laws as in the manufactured housing statutes in ORS 90.505-.850.  In other words, on an after September 30, 2025 and each year thereafter, theOregon Department of Administrative Services (“DAS”) will calculate the maximum annual rent increasepercentage allowed for 2026 and thereafter.

6. Question: Will we have to use different MHCO rent increase notice forms?

Answer: Yes. It is Form 49. It has already been revised. Any rent increase notices issued on or after September 1, 2025 should use the new MHCO Form 49.

7. Question: Will HB 3054 apply to all Oregon parks?

Answer: Yes, but the size of the park now matters. For parks (and marina and floating home communities) with more than 30 spaces (or slips), rent increases will be capped at six percent (6.00%) and for those with 30or fewer spaces (or slips), they will be capped at the lesser of ten percent (10.00%) or seven percent plusCPI.

8. Question: Does HB 3054 apply to parks located in the City of Portland?

Answer:  If a Community is located within the City of Portland, a rent increase should not exceed 9.99% - as opposed to the 10% cap for parks with 30 or fewer spaces (or slips). So even though HB 3054 sets the cap at the lesser of ten percent (10.00%) or seven percent plus CPI. You do not want a total cap on rent to exceed 9.9% in Portland. A rent increase of 10.00% or more in the city of Portland can result in a landlord having to pay the resident’s “relocation assistance” of thousands of dollars. If your community is located within the city limitsof Portland, you should consult with your attorney before issuing a rent increase notice.

9. Question: Does HB 3054 have any exclusions to rent increase notices?

Answer:  Yes, they are generally the same as before but with the exception in bold below. The rent capcalculation does not apply if (1) the dwelling unit’s first certificate of occupancy was issued less than 15years before the date of the notice of rent increase; or (2) the dwelling unit is regulated or certified as affordable housing by federal, state or local government and it (a) does not increase the tenant’s portion ofthe rent, or (b) is required by the program eligibility requirements or (c) is due to a tenant’s change inincome, or (d) for a community of more than 30 spaces and complies with ORS 90.600(3)(c)(A) –(G).  Those provisions are detailed and should be reviewed separately.

10. Question: Are there any other major changes brought by HB 3054?

Answer:  Yes, there are three:

1.  Prior to HB 3054, the Oregon Legislature overlooked leases (i.e., “fixed term tenancies”). The result was that landlords using leases were not limited in their rent formulas (within reason at least) by the same caps as month-to-month tenancies. This new legislation corrects that oversight, and subjects rental increases in park leases to the same rent caps found in month-to-month tenancies.

Since the effective date of this Bill is September 1, 2025, landlords may wish to consider putting their new tenants on fixed term leases before then. This is not to suggest that the rent formulas should be open-ended without limits or guidelines. But a well- drafted rent formula based upon reasonable and objective criteria should survive attack. After all, before the caps, there were never any limits on rent increases (other than the existing good faith provision under ORS 90.130.) This is not legal advice. Members should check with their own legal counsel.

1.  Although the law has always provided that at the time that a landlord gives the prospective purchaser an application  they should also give them certain additional documents including “a list of any failures to maintain the space or to comply with any other provisions of the rental agreement, including aesthetic or cosmetic improvements….” The italicized text has been deleted, meaning that prior tenant notices of alleged violations based upon “aesthetic or cosmetic improvements” cannot be provided to the new tenant.

2. The Bill made a major change to ORS 90.680. It now provides that a landlord may not require that aselling tenant, prospective purchaser or purchaser must consent to the inspection of the interior of thehome or obtain an inspection of the interior of the home by a third party, as a condition of Landlord’s acceptance of the required notice of sale, approval of a sale, or approval of a new tenancy by thepurchaser.

Not having been present during the legislative drafting of this Bill, I cannot explain its rationale. I will attempt to find out more. But since I participated in the (now discontinued) landlord-tenant coalitions, I submit the following observation: ORS 90.740(4)(c) imposes upon tenants a duty to “Keep the dwelling or home, and the rented space, safe from the hazards of fire.” (Emphasis added.) This is a duty tenant owes to the landlord. So today when the home sells, if the owner had made dangerous non-code wiring alterations to its interior, those risks can be discovered by the landlord through a required inspection upon transfer. Then, prior to closing and possession, the tenant and prospective purchaser can reach agreement upon bringing the wiring up to code and averting electrical fires. This protects everyone. After this new law goes into effect, landlords should consider providing all prospective sellers and buyers with information about the importance of a professional inspections including an evaluation of code compliance for all electrical wiring and other fire risks. But such inspections should not be made a condition of tenant approval or consent to the sale.

This is the fifth in a series of articles on disaster preparedness and how to safeguard your community, save lives and minimize damage.

In addition to the plan you are developing for your manufactured home community, you should encourage each resident family to have its own disaster plan in place.  

Residents should know what types of disaster could occur, and what they can do about each one.  A community newsletter is a good way to educate residents, and so are community meetings.

Residents should also know how they will be notified of a potential disaster.  Does the community have a warning system, such as a siren, and what does each signal mean?  

If someone in the family is responsible for helping to notify others in the community, phone numbers or addresses should be posted near the phone or in a place that can be easily reached.

It’s a good idea for all members of a family to discuss and develop these plans together.  The plans should include:

• Escape routes in the home, if doors are blocked
• Where to go in case of an immediate emergency, such as a community shelter
• Where to go in case of an evacuation
• A map of the evacuation route
• A list of phone numbers that would be needed in a disaster  (This would include doctors, relatives and insurance agents)
• A contact person outside of the area for all family members to call to report on their safety and whereabouts
• A place to meet if the family is separated

In addition, each member of the family should be assigned a job to do to get ready for an emergency.  For example:

• Set up, maintain and move emergency supplies
• Stow breakable items
• Secure outside items, such as awnings, grills or patio furniture
• Turn off utilities (electricity, water, natural or LP gas)
• Collect pets 
• Collect valuable items, if time allows (credit cards, insurance papers, drivers licenses, photos)

Note: Different steps should be taken to secure the home, depending on what type of disaster is being planned for.

Every member of the family should be familiar with the plan, and should participate in planned community practices or drills. Children should know where to go and what to do in case of an emergency, and should practice with their parents several times each year.  They should also memorize contact names and phone numbers in case separated from their parents.

In a community disaster, families may need to be able to survive on their own for several days.  This means each household should have its own water, food, clothing, a first aid kit and other emergency supplies ready to go at all times.  A list of the basics each family should have is provided on the opposite page.  It has been adapted from a list developed by the Federal Emergency Management Agency (FEMA).

Family Emergency Supplies List

FEMA recommends that families use backpacks or duffel bags to store their emergency supplies and to move them, if necessary. They should contain items from the list below.

Families should keep their emergency supplies in a cool, dry place.  Boxed foods should be stored in closed containers.  The food and medical supplies should be dated and replaced with new supplies as needed.  If you are storing water over a long period of time, treat each container with a water purification element before storing it.  Keep water in a cool, dark place in tightly closed, unbreakable containers.

If someone in your family has a disability or specific medical problem that creates special needs, be sure that the necessary items are included in the emergency supplies.  If someone in the family is dependent on electric powered respirators or other medical equipment, find out what kinds of special assistance are available in the community.  If a family has no one who is capable of driving in an evacuation, make sure that a neighbor or someone else nearby will provide transportation.

Water, Food and Utensils

• Water (1 gallon per person per day) in non-breakable containers
• Ice and cooler chest
• Water purification materials: tablets, tincture of iodine or household bleach, with instructions on how they are used
• Food: high-nutrition and ready to eat items like canned tuna, peanut butter, granola bars
• Non-electric can opener
• Special foods, such as baby food, if needed
• Pet food, if needed
• Plastic utensils and cups

Communications, Lighting and Safety

• Battery-powered radio and extra batteries
• Cellular phone or citizens band radio
• NOAA weather-alert radio
• Fire extinguisher
• Flashlights and extra batteries
• Work gloves
• Propane gas stove

Clothing and Bedding

• One complete change of clothing for each person, appropriate for weather conditions
• Sturdy shoes
• Outer-wear appropriate for weather conditions
• Extra underwear and socks
• Sleeping bag or two blankets for each person
• Pillows

Personal Items

• Contact lens solution
• Dentures
• Deodorant
• Family Medications
• Insect repellent
• Sanitary napkins or tampons
• Sewing kit
• Shampoo, comb, hair brush
• Shaving kit
• Soap, toothbrushes, and toothpaste
• Special children’s needs: toys, blanket, pacifier, diapers
• Washcloth and towel

First Aid Kit

• Adhesive tape and bandages
• Antibiotic and anti-itch ointments
• Antiseptic solution
• Aspirin or substitute
• Diarrhea medication
• First aid handbook
• Petroleum jelly
• Prescription and non-prescription medications used by family
• Scissors and tweezers
• Sterile bandages

Papers and Valuables

(if not kept in a safety deposit box)

• Birth certificates
• Credit cards and cash
• Deeds and mortgages
• Drivers licenses
• Insurance policies
• Inventory of household goods (photos preferred)
• List of emergency phone numbers
• Photos that can’t be replaced
• Savings and checking account records
• Small valuables: watches, jewelry, cameras, electronics
• Stocks and bonds
• Wills

In addition to the plan you are developing for your manufactured home community, you should encourage each resident family to have its own disaster plan in place.  Residents should know what types of disaster could occur, and what they can do about each one.  A community newsletter is a good way to educate residents, and so are community meetings.

Residents should also know how they will be notified of a potential disaster.  Does the community have a warning system, such as a siren, and what does each signal mean?  If someone in the family is responsible for helping to notify others in the community, phone numbers or addresses should be posted near the phone or in a place that can be easily reached.

It’s a good idea for all members of a family to discuss and develop these plans together.  The plans should include:

• Escape routes in the home, if doors are blocked
• Where to go in case of an immediate emergency, such as a community shelter
• Where to go in case of an evacuation
• A map of the evacuation route
• A list of phone numbers that would be needed in a disaster.  This would include doctors, relatives and insurance agents.
• A contact person outside of the area for all family members to call to report on their safety and whereabouts
• A place to meet if the family is separated

In addition, each member of the family should be assigned a job to do to get ready for an emergency.  For example,

• Set up, maintain and move emergency supplies
• Stow breakable items
• Secure outside items, such as awnings, grills or patio furniture
• Turn off utilities (electricity, water, natural or LP gas)
• Collect pets
• Collect valuable items, if time allows (credit cards, insurance papers, drivers licenses, photos)

Note: Different steps should be taken to secure the home, depending on what type of disaster is being planned for.  See more about how to secure your home in the section on each type of potential disaster.

Every member of the family should be familiar with the plan, and should participate in planned community practices or drills.  Children should know where to go and what to do in case of an emergency, and should practice with their parents several times each year.  They should also memorize contact names and phone numbers in case separated from their parents.

In a community disaster, families may need to be able to survive on their own for several days.  This means each household should have its own water, food, clothing, a first aid kit and other emergency supplies ready to go at all times.  Here’s a list of the basics each family should have, adapted from a list developed by the Federal Emergency Management Agency (FEMA).

Family Emergency Supplies List

FEMA recommends that families use backpacks or duffel bags to store their emergency supplies and to move them, if necessary.  They should contain items from the list on the following page.

Families should keep their emergency supplies in a cool, dry place.  Boxed foods should be stored in closed containers.  The food and medical supplies should be dated and replaced with new supplies as needed.  If you are storing water over a long period of time, treat each container with a water purification element before storing it.  Keep water in a cool, dark place in tightly closed, unbreakable containers.

If someone in your family has a disability or specific medical problem that creates special needs, be sure that the necessary items are included in the emergency supplies.  If someone in the family is dependent on electric powered respirators or other medical equipment, find out what kinds of special assistance are available in the community.  If a family has no one who is capable of driving in an evacuation, make sure that a neighbor or someone else nearby will provide transportation.

Family Emergency Supplies List

Water, Food and Utensils

• Water (1 gallon per person per day) in non-breakable containers
• Ice and cooler chest
• Water purification materials – tablets, tincture of iodine or household bleach, with instructions on how they are used
• Food: high-nutrition and ready to eat items like canned tuna, peanut butter, granola bars
• Non-electric can opener
• Special foods, such as baby food, if needed
• Pet food, if needed
• Plastic utensils and cups

Communications, Lighting and Safety

• Battery-powered radio and extra batteries
• Cellular phone or citizens band radio
• NOAA weather-alert radio
• Fire extinguisher
• Flashlights and extra batteries
• Work gloves
• Propane gas stove

Clothing and Bedding

• One complete change of clothing for each person, appropriate for weather conditions
• Sturdy shoes
• Outer-wear appropriate for weather conditions
• Extra underwear and socks
• Sleeping bag or two blankets for each person
• Pillows

Personal Items

• Contact lens solution
• Dentures
• Deodorant
• Family Medications
• Insect repellent
• Sanitary napkins or tampons
• Sewing kit
• Shampoo, comb, hair brush
• Shaving kit
• Soap, toothbrushes, and toothpaste
• Special children’s needs, such as toys, blanket, pacifier, diapers
• Washcloth and towel

First Aid Kit

• Adhesive tape and bandages
• Antibiotic and anti-itch ointments
• Antiseptic solution
• Aspirin or substitute
• Diarrhea medication
• Fist aid handbook
• Petroleum jelly
• Prescription and non-prescription medications used by family
• Scissors and tweezers
• Sterile bandages

Papers and Valuables

(if not kept in a safety deposit box)

• Birth certificates
• Credit cards and cash
• Deeds and mortgages
• Drivers licenses
• Insurance policies
• Inventory of household goods (photos preferred)
• List of emergency phone numbers
• Photos that can’t be replaced
• Savings and checking account records
• Small valuables (watches, jewelry, cameras, electronics)
• Stocks and bonds
• Wills

Answer:  This is an issue that the Oregon Residential Landlord Tenant Act (“ORLTA” or the “Act”) is not fully equipped to address. Nowhere in the Act is there a clear answer. But connecting some dots, I think we can arrive at a logical answer.  

· Technically, the 18-year old is not a tenant under the manufactured housing park (“MHP”) side of the Act, since he does not “own” the home. At best, he is a “tenant” under the non-MHP side of the law – he could be considered a month-to-month tenant, and therefore subject to the 30-day right of termination by the landlord.  Assuming this, what is the landlord to do?  First, do the rules permit subleasing?  If not, he could be compelled to leave. 

· Second, rent should not be accepted from him until this situation is clarified and a solution reached.

· Third, if the landlord is willing to accept the 18-year old under these circumstances (i.e. assuming he goes into title), he could be offered a monthly tenancy, subject to his qualifying under the community rules, etc. which, of course, require the background check, etc.  

· Lastly, again assuming the landlord is willing to accept him, a guarantee by the parents might be in order.  

· Keep in mind that since he was not a signatory to the original rental agreement since he was a minor, the fact that he is the only person remaining at the home, technically makes him an authorized occupant that has not yet been approved by park management. This is your strongest card, and you should use it to fashion the solution that best fits your needs.

All of these things require some legal guidance, but the answer to the above question is that the landlord, by acting carefully, should be able to protect his position and either require the 18-year old to vacate or qualify in all respects as a new resident (assuming he goes into ownership of the home).  In all cases a background check is not only appropriate, but essential.

By:  Dale Strom

This is the sixth and final part of a series of a private owner of a Manufactured Home Community willingly attempting to sell that Community to an Association of tenants within that Community. Riverbend MHP is a 39 space community located within the city limits of Clatskanie, OR.

The delays of the purchase by the state agencies approving the sale to the tenants were discussed in the fifth part of this series. The tenants want to push back the closing to possibly March 1 from an original target date of November 1. The author is told that the close will probably be around the middle of January.

The vacation we had planned with our sons and their wives was scheduled for February 16. We have just come into the new year with the signing of the final documents just a few weeks away.

The delay for the November closing date was due to the Oregon Department of Justice. However Oregon Housing and Community Services (OHCS) also played a role in the delay. OHCS is Oregon's housing finance agency, providing financial and program support to create and preserve opportunities for quality, affordable housing for Oregonians of lower and moderate income. I was not aware of the specifics to the causes of the delays. As I learned later, the funding to Purchase Riverbend in Clatskanie came from several sources.

One other delay that occurred at the end of this process came from an easement that I signed with Charter Communications almost 10 years ago. That also needed to be addressed. That wasn't easy in that Charter's offices stretch from San Antonio to Southern California to Spokane. Backing out of an agreement that automatically renews every 3 years was not easy. The people at CASA worked with the attorneys at Charter to come to an agreement on either working with the existing agreement or outright termination of that agreement.

To complicate matters, CASA terminated its employment of their Development Manager. This was the one key individual that I relied on to guide this process and to be the main line of communication between myself and the Board of the new Cooperative. Now it doesn't look like the closing is not going to get done in January and I am coming close to a personal vacation deadline. That wouldn't go very well with my better half.

In late January, I was contacted by a contractor on a project that I started a year before. The riverbank at one end of the community started giving way which threatened a space with a home on placed on it. Where moving the home to another safe space would cost less than $15,000, this was much less that shoring up a riverbank at an estimated cost of 70 to 80 thousand dollars. My decision to move the home was obvious due to the costs of each of my options.

Apparently the Cooperative decided to pursue the bank stabilization project. Getting together with the Contractor's Project Manager, I signed the permits that I applied for to give that responsibility to the Cooperative. It would be the Cooperative's decision to explore the stabilization project. What is going through my mind is how would the Co-op be able to finance that project? Whatever that answer to that question is, the permits for the Army Corp of Engineers and Department of State Lands is now in the hands of the Cooperative.

CASA apparently settled their issues with the DOJ and OHCS to the point where the funds were secured. The sale was to occur. The date to sign at closing was set for February 14; two days before vacation. I was to meet the escrow officer in downtown Portland at 2:00 PM. To my surprise, the Board for the new Cooperative was also there having just signed the closing documents in the hour before I was to sign. Needless to say, they were very excited to make this deal as much as I was relieved to sign it away and move on myself. Now it is time to move on, and I couldn't be any happier.

EPILOGUE

During calendar year 2013, State Representative Nancy Nathanson asked the Landlord Tenant coalition to work out an agreement between the Tenants and Manufactured Home Park Landlords. To summarize the conversation of that entire year, tenant associations were to be given an opportunity to compete to purchase the communities where they live when an owner considered selling the community. Especially if that prospective buyer wanted to close that Park. The tenants wanted the opportunity to actively manage their property while gaining equity in the communities where they lived.

The Landlords on the other hand were leery of the information that would be divulged to the tenants, the time it would take for the tenants to form a Cooperative Board to explore the possibilities of a purchase and the possibilities of losing a sale to another private party that was to be based upon the IRS tax code of a 1031 exchange. Landlords were concerned that information that was gathered by the tenants could be used against them in social media or in legal proceedings if the tenants were unsuccessful in purchasing the community.

By the end of 2013 the Tenants and the Landlords were not close to an agreement on the issue. It was a confrontation that went to the legislature in the short 2014 session. This led to HB 4038A that was passed in February of that 2014 session allowing the tenants of a MH Community the opportunity to be forewarned of a potential sale and form a Board to participate in any bidding process.

Landlords were required to inform the tenants of their intent or at least their possible considerations as to the disposition of their community. It was most Landlord's feelings that in order to accommodate the Tenants, the time to agree with another private party that would use the 1031 option as part of the future transaction would be lost because time would be of the essence in this case.

The carrot on the end of the stick" to the selling Landlord was the waiver of long term capital gains on the sale of the property. When the 1031 is exercised by the seller