Search

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

For manufactured home communities, emergency management experts recommend putting together a committee of residents, with the following minimum responsibilities: 

• Working with management to develop an evacuation or shelter plan
• Setting up an emergency notification system for the community
• Conducting community education programs on disaster readiness
• Setting up evacuation practice drills
• Training residents on securing their property before evacuating
• Maintaining a list of residents with special needs
• Identifying members of the community with special skills, such as nurses, doctors or others trained in CPR or medical assistance, who could help in an emergency
• Preparing contact lists for relatives and next of kin

Generally speaking, this committee should consist of :

• Chairperson
• Training Coordinator
• Communications Coordinator
• Emergency supplies manager
• Residents with knowledge or experience in financial, insurance and legal issues

Depending on the size of your community, you may also want to appoint Block Captains, who will be responsible for maintaining data on their assigned neighborhoods and also be on call to warn residents in their area about an approaching emergency.  If your community has a large number of pets, you  may want to include someone on the committee to focus on animals.

There Are Two Major Roles For The Committee:

• Educating and training all residents about emergencies
• Actually coping with an emergency

As a manager or owner of a manufactured home community, provide the committee with excellent materials to use in doing their work, starting with this series of articles.

Committee Responsibilities:

The chair should plan and hold regular meetings of the committee to review the work that is being done.  He or she should be an active participant in other activities and lead by example.  In case of an actual emergency, the chairman and the community manager will be the center of operations and communications. The chairman can assign duties to committee members, such as maintaining a list of community members with special needs or residents with special skills or expertise.

The training coordinator should be responsible for planning and holding actual evacuation or other types of disaster drills, depending on what potential problems face your community.  For example, if the community has a central shelter that residents can use in case of a tornado, you should have a mock" emergency alert once or twice a year. Encourage everyone to participate. This will improve their own safety

Answer: This fact pattern should be a cautionary tale for all park owners and managers about the risk of letting too much time elapse between the violation and legal action. In order to fully answer the question, I need to assume certain facts. First, I assume that the rules clearly do not permit one to occupy a home without management approval. Secondly, I assume that some form of permitted subleasing is OK, so long as the subtenant is approved by management. Third, I assume that someone - presumably the father - has been paying the rent.

If rent has been accepted with knowledge of this violation, it would be deemed to have been waived after the second acceptance of rent - regardless of who paid it. Clearly, if the rules prohibit this, as does the rental agreement and law, action should have been taken the moment she refused to cooperate.

The best solution may be for the father to proceed with the eviction, since he is a "landlord" under the non-manufactured housing side of the Landlord-Tenant law. Clearly, he can work it out with her and/or the court, better than management working with the recalcitrant occupant, who has already established her unwillingness to cooperate. Besides, why should the park absorb this expense, when it is really between the father as a "landlord" and his daughter as the "tenant." (I don't know why the judge sent them home, but suspect it was to try to resolve it as a family matter rather than a court matter.)

As for whether to accept the rent, it's already pretty late to be worried about "waiver" since that has long since been confirmed to have occurred. Nevertheless, I would NOT accept the rent until this matter is resolved.

The problem with park management doing the eviction based upon an "unauthorized occupant," violation, is that it's too late to enforce, in my opinion. However, your question about a "No-cause" eviction suggests that you believe this might be a viable alternative - i.e. the legal basis for eviction arises under the non-manufactured housing side of the statutes. I don't think so. First, because the manufactured housing side of the law still applies vis a vis the father, and regardless, rent has been accepted, making the waiver argument a real possibility.

Answer: This fact patter should be a cautionary tale for all park owners and managers about the risk of letting too much time elapse between the violation and legal action. In order to fully answer the question, I need to assume certain facts. First, I assume that the rules clearly do not permit one to occupy a home without management approval. Secondly, I assume that some form of permitted subleasing is OK, so long as the subtenant is approved by management. Third, I assume that someone - presumably the father - has been paying the rent.

If rent has been accepted with knowledge of this violation, it would be deemed to have been waived after the second acceptance of rent - regardless of who paid it. Clearly, if the rules prohibit this, as does the rental agreement and law, action should have been taken the moment she refused to cooperate.

The best solution may be for the father to proceed with the eviction, since he is a "landlord" under the non-manufactured housing side of the Landlord-Tenant law. Clearly, he can work it out with her and/or the court, better than management working with the recalcitrant occupant, who has already established her unwillingness to cooperate. Besides, why should the park absorb this expense, when it is really between the father as a "landlord" and his daughter as the "tenant." (I don't know why the judge sent them home, but suspect it was to try to resolve it as a family matter rather than a court matter.)

As for whether to accept the rent, it's already pretty late to be worried about "waiver" since that has long since been confirmed to have occurred. Nevertheless, I would NOT accept the rent until this matter is resolved.

The problem with park management doing the eviction based upon an "unauthorized occupant," violation, is that it's too late to enforce, in my opinion. However, your question about a "No-cause" eviction suggests that you believe this might be a viable alternative - i.e. the legal basis for eviction arises under the non-manufactured housing side of the statutes. I don't think so. First, because the manufactured housing side of the law still applies vis a vis the father, and regardless, rent has been accepted, making the waiver argument a real possibility.

Measure 91 – High Times for Oregonians.  According to OregonLive.com, here, there are 23 states that currently have medical marijuana laws on the books. Oregon was one of them. On November 4, 2014, Oregon joined a smaller group of pot-friendly states (Washington, Colorado, Alaska, and the District of Columbia), to permit the recreational use of cannabis.[1]  I will leave it to the wordsmiths to explain how the term “recreational use” found its way into our lexicon when discussing the use of marijuana.  “Recreation” is the last thing one thinks about when taking a toke – or so I’m told….  

State and Federal Laws. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., says that marijuana is illegal to grow, process, distribute, and possess, even when state law authorizes its use. Furthermore, federal law supersedes state law where there is a direct conflict between them.  That would seem to suggest that federal law, being more restrictive, would trump Oregon law.  However, this is not the case.

HUD and the Oregon Bureau of Labor and Industries, both of whom enforce fair housing violations, including discrimination based upon disabilities, have taken a laissez faire, or “hands off” approach, i.e. they are not enforcing the laws at the current time.  Accordingly, it is my belief that on both a state and federal level, landlords may properly prohibit growing, processing, distribution and possession of marijuana, even though the user holds a valid medical marijuana card. This opinion was extensively covered in my two articles, here and here.

How Are Landlords Affected by Measure 91?  Now that Oregon has legalized recreational use of pot, how does this change the equation for community owners?  The short answer is that it does not change the issues.  If anything, dealing with the use of recreational pot is the easy part.  The substance can be controlled, should an owner so desire, by a rule change, prohibiting the cultivation, processing, sale or use of marijuana within the community. 

The issues surrounding the legal use of medical marijuana, i.e. by card-carrying tenants, remains the same, i.e. can a park owner prohibit it?  I believe the answer is “Yes.”  But before explaining how, let’s look at the new law that everyone is toking talking about.

Oregon’s New Marijuana Law. An interesting article gleaned from a website called “The Daily Chronic” contains and interesting, though not exactly unbiased, analysis of Measure 91, here.  What follows is a short summary taken from the longer article:

·      It passed by 57% to 43%;

·      Public consumption of pot is prohibited;

·      The Measure does not go into effect until July 1, 2015;

·      Until that time, possession of less than one ounce of marijuana remains a misdemeanor and is subject to a fine of up to $650;

·      You must be 21 or older to possess marijuana;

·      Homemade cannabis extracts (when made with solvents)[2] are prohibited, i.e. one may not produce, process, keep, or store them;

·      Up to 1 ounce of cannabis extracts are permitted, but only if they are obtained through a licensed retailer;

·      Cultivation of up to four plants per household is permitted,[3] but they may not be visible from a public space;[4]

·      The Oregon Liquor Control Commission (“OLCC”) is in charge of regulating commercial cannabis cultivation, processing and retail sales;

·      Of course, there is a tax levied on sales. It is paid by the producers;

·      There are four types of businesses Measure 91 will license:

o   Producers, who will cultivate the pot;

o   Processors, who purchase it from the producers and convert it into assorted products with names, colors, flavors, and scents, reminiscent of the UC Berkley campus circa 1968;

o   Wholesalers, who purchase the pot and pot products for sale to retailers; and

o   Retailers, who will sell directly to consumers.

Sample Policy.  As mentioned above, I believe that community owners may both prohibit the cultivation, processing, retailing, selling and use of pot, inside the community, regardless of whether the user has a lawfully issued marijuana card.  This can be done prospectively, by including the prohibition in the Statement of Policy, the rules, and/or the rental agreement.  It can also be done by a rule change that affects the residents already in the community.  However, I do not believe it may or should be done retroactively to those legal card holders already in the community. Here is a sample policy:

Sample Cannabis Policy For A Rules Change

[To be enacted pursuant to ORS 90.610(3)]

Background. Under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., it is illegal to manufacture, distribute, and possess marijuana, even when state law authorizes its use. In Oregon, medical use of cannabis is legal, subject to the limitations set forth in ORS 475.300 to 475.342.  Federal law supersedes state law where there is a direct conflict of laws.  The Federal Fair Housing Amendments Act provides that a disability does not allow the illegal use of a controlled substance under the Controlled Substances Act.

Our Policy. All Residents, their guests, invitees, contractors, employees, and others coming to the resident’s home, space, or common areas in the Community, are subject to the following rules regarding the manufacture, processing, distribution, sale or use of cannabis, or  for any purpose, including medical purposes.

Prohibition.  This Community strictly forbids the manufacture, processing, growing, distribution, sale or use of cannabis, or cannabis products or extracts, for any purpose, including medical purposes. Resident is responsible for informing their guests, invitees, contractors, employees, and all others of this Policy.

Reasonable Accommodation.  This Community will not agree to make a reasonable accommodation for this prohibition, including medical purposes, to any residents, their guests, invitees, contactors, employees or others coming to the Resident’s home, space or common area, based upon the State or Federal Fair Housing Laws.

Violation. Violation of this policy shall constitute a breach of the terms of Resident’s right of occupancy, and entitle Management to issue Resident a thirty (30) day curable notice of violation under ORS 90.630(1).  A repeat violation will result in a twenty (20) day non-curable notice of violation under ORS 90.630(4).  Resident is responsible for informing their guests, invitees, contactors, employees or others coming to Resident’s home, space or common area guests of this Policy and for ensuring compliance.  Notwithstanding the preceding, Management reserves the right, upon its sole discretion, to issue Resident a non-curable 24-hour notice of violation under ORS 90.396 if Resident’s violation of this policy could reasonably result in danger to the health, safety or welfare of others in the Community. 

Effective Date.  This Policy shall apply from and after _______________________ (“Effective Date”), until modified or amended.  It shall not be applied retroactively to any current Resident whose legal use of cannabis, or cannabis products or extracts for medical purposes, preceded the Effective Date.

The above sample policy can be added as an Addendum to Rental or Lease Agreements and given to prospective tenants, as well. It is sufficient to insert into the Statement of Policy, the following:

Marijuana.  This Community strictly forbids the manufacture, processing, growing, distribution, sale or use of cannabis, or cannabis products or extracts, for any purpose, including medical purposes. Resident is responsible for informing their guests, invitees, contractors, employees, and all others of this Policy.  This Community will not agree to make a reasonable accommodation for this prohibition, including for medical purposes, to any Residents, their guests, invitees, contactors, employees or others coming to the Resident’s home, space or common area, based upon the State or Federal Fair Housing Act.

[1] The World Health Organization defines cannabis here, as follows: Cannabis is a generic term used to denote the several psychoactive preparations of the plant Cannabis sativa. The major psychoactive constituent in cannabis is ∆-9 tetrahydrocannabinol (THC). Compounds which are structurally similar to THC are referred to as cannabinoids. In addition, a number of recently identified compounds that differ structurally from cannabinoids nevertheless share many of their pharmacological properties. The Mexican term 'marijuana' is frequently used in referring to cannabis leaves or other crude plant material in many countries. The unpollinated female plants are called hashish. Cannabis oil (hashish oil) is a concentrate of cannabinoids obtained by solvent extraction of the crude plant material or of the resin.

[2] For those truly interested in the extraction process using solvents, go to the following link, here.

[3] In other words, a four member household (all 21 or over) would not qualify for 16 plants.  The same rule applies to the right to possess up to one ounce of extracts. There is no multiplier effect.

[4]  I suspect that in community where the backyards are fenced, growing would be permitted so long as they were obscured from the streets and sidewalks.

Upon reaching the ending date, fixed term tenancies will automatically renew to a month-to-month tenancy upon the same terms and conditions (except duration and rent).

In order to renew or extend a fixed term tenancy, (and avoid rolling into a month-to-month tenancy), the landlord must submit the proposed new lease agreement to the tenant at least sixty (60 days prior to the end of the lease term. The landlord is to include with the proposed lease agreement a written statement summarizing the new or revised term, conditions or rules and regulation.

If the landlord fails to submit a proposed new lease agreement the tenancy renews as a month-to-month tenancy.

The new or revised terms, conditions, rules and regulations must:

1. Fairly implement an existing statute or ordinance adopted after the creation of the existing agreement.
2. Be the same as those offered to new or prospective tenants.
3. Be consistent with the rights and remedies provided to tenants under ORS Chapter 90.
4. Not relate to age, size, style, construction material or years of construction contrary to ORS 90.632(2)Not require an alteration of the manufactured dwelling or accessory, building or structure.

The tenant must accept or reject the proposed new rental agreement at least thirty (30) days prior to the end of the lease term.

If the tenant fails to accept or unreasonably rejects the proposed new lease agreement, the fixed term tenancy terminates on the last day of the lease term without further notice.

If the tenancy terminates for failure to renew by the tenant, and the tenant surrenders and delivers possession of the premises to the landlord, the tenant is entitled to substantially the same rights and responsibilities as a lien holder under ORS 90.675(18) (the abandonment statute) except that the term of the storage agreement may not exceed six (6) months. (Note: this is not technically an "abandonment" the lien holder's rights are delayed until the end of the tenant's storage agreement.)

Fixed termed tenancies entered into before the effective date of this 2001 Act are not made invalid because their duration is less than two years. However, upon renewal or extension in accordance with the Act, the lease agreement must comply with minimum two (2) year requirement. 

Do employees know our management direction and is it consistently implemented? We all should have our structure to accomplish goals of our management direction. Mentioned in this article are suggestions that are critical to our businesses, service to our residents, retention of employees, and to stay out of court.

I'm sure you're already a dedicated successful business person. Even with the busy schedules we have today, is it worth your time and money to be an more effective park owner. These suggestions I will present are proven to work: in one park, for example, there have been only three management teams in the last thirty years, each staying ten years. A dedicated staff have stayed and performed very well for five to nineteen years. They have eighty five residents who have been living in the park for ten or more years with fifteen residents being at the park for twenty or more years. Survey results show resident satisfaction as "happy" and they would recommend the park to family and friends.

A good management team is the biggest factor to success of our businesses.

Many find that the use of a professional property management company is critical. It can be risky to operate your park without a full and complete knowledge of all current laws and trends. You must ask yourself if you have that knowledge or the time to do re-search necessary to effectively run your park.

Our business is far too complicated for us to know all aspects of a changing environment. Whether it is local politics, timely and correct response to personnel and resident issues, or help with business strategies, it is very complicated and costly to make un-informed decisions. It's difficult to be effective at all things at all times. (Keep in mind that your WMA local representative is an important source of information regarding local laws and regulations.)

Just as property managers have specialists; our businesses should have specialists within our parks with specific responsibilities. Without specific assignments no one will feel responsible for tasks.

As a reminder, the following suggestions may be helpful in managing your business.

"Park within a Park" Rental Homes

Today, many of us have come to rely upon park rentals to maintain profitability and cash flow. If this is the case for your business, someone in your organization must have your rental business as their first responsibility. Prospective renters have to be found and vetted, and decisions made based on the data collected. Do you want to be the collector of all this information? Probably not.

Knowing the reasons why people choose your park is also import-ant. It's good to be aware of the reasons people move in or out. What motivated them to select your park? Using a questionnaire to find out this information will help reveal trends that may help you to manage your rentals more effectively. How can you know your rental business if you don't have data to support decisions and the future for your rental business?

When selling or refinancing a park, buyers and lenders can make informed decisions if you are well documented. Financing can be difficult when rentals are big part of your revenue and expenses. It is a confidence builder for your loan representative and their loan committee if a solid case can be made that you are managing your rental business well.

Develop a "work-order" process, so renters can let you know if something needs to be repaired. Their satisfaction will keep turn-over low.

Know your Inventory

Knowing your inventory is a key factor in projecting your future rental business and cash needs. With up to date information, you will know what each home needs in order to be ready for rental.

Homes need to be safe and acceptable to be rented. If you have a few rentals, it is easy to know the specifics of each home. If you have fifty homes rented and ten needing work, organized and specific data is needed to know which home should be scheduled first for refurbishing.

Curb appeal is a first and lasting impression. People will form opinions about your business based on what they see first.

Consider a color pallet for homes to be painted. (I'm sure we have all seen resident or manager se-lections that are less attractive than we would like them to be.) Keeping a consistent color pallet across your park will have an aesthetically pleasing effect. If you do this, there will be no surprises when you visit your park.

Keep an Eye on Past Due Rents

Our life blood is collecting rents. Monitoring the past due amounts, identifying chronic slow payers, issuing three and sixty day notices, and being a bill collector is a critical aspect of park management. Telephone calls and letters need to be sent, followed up, and timely action needs to be taken to collect rent.

Collection communication takes a special type of person. The per-son responsible for collection may or may not have the personality to collect from people they see every day. If not, see if someone else in your organization would be a better fit.

Managing our Managers and Staff

Once people have been found, hired, and trained, keeping them around is very important. Employees leaving is costly and de-moralizing. It's important to let employees know what is expected of them, and inspect their work. Document their work tasks, and have periodic reviews. This may seem like a lot of work, but the benefits to your business will be great.

One of a manager's important tasks is to be visible to residents and staff. They must be aware of the local politics, changes to city laws and what new issues are the current hot topics. They are your eyes and ears to what is being talked about by your residents.

The following are some ideas to consider when you want loyalty from employees:

-Paid vacation

-Health Insurance, full or partial payment by park

-Give managers permission to take a "resident to lunch" or to do something they feel will help resident satisfaction

-Allow your manager to grant limited "personal time" for doctors appointments and family issues

-Allow law mandated sick days

-Surprise "half day off ". It doesn'tcost much, and will buy productivity when they come back

-"All Hands" quarterly luncheon to review past performance and plans for the near short term

-For special efforts and major projects completed, give paid days off, or gift certificates to take their family out for dinner

It is not the size of thank you, it is the recognition. don't we all like the recognition from work that we can share with family and friends?

Let employees know "your way" of handling resident questions, resident requests, and complaints.

Homes Being Vandalized

Have you had thefts or vandalism to resident homes, yard, and car, park facilities, or had equipment being stolen? It's important to make sure that your staff members are driving the park all day. Make them your eyes and ears for suspicious people or delivery trucks. Have managers develop a relationship with local police.

Train your Neighborhood Watch group and recognize their efforts with periodic coffee and cookies, or lunch.

Buy a used police car and rotate it around the interior and exterior of the park. In one park a resident bought the car for $1,000. It looks like an undercover police car and is working to scare petty thieves. Pit bulls, armed residents, and vigilantes are not suggested.

I know some of the suggestions will take a while to implement and some of these you won'tlike, however it's necessary to make the effort to do something that will be noticed by employees and residents.

You will find that if you have taken the time to do some of the things that were mentioned, the small stuff will come more easily.

MHCO would like to thank WMA (Western Manufactured Housing Communities Association) for this informative article. Thank you!

Vance DiMaria has been a managing partner of Casa Del Rey MHC in Hemet and a partner in other communities in California and Arizona. He can be reached at 949.378.8285 phone; 949.831.1514 fax; and email: jvdmaria@aol.com.

Answer: A temporary occupant is not supposed to be paying the rent. You are not allowed to screen for the occupant’s ability to pay, because they are not a tenant. Your acceptance of rent from the occupant creates an appearance that the occupant is really a tenant. Secondly, the law says that a temporary occupant may not live in the home unless there is a tenant there as well. Accordingly, if you accept rent from the temporary occupant in the absence of the tenant living there, it could create a situation where you have waived the temporary occupant status, and are now treating him as a full time tenant. Here are the rules under the temporary occupancy statute ORS 90.275: • The temporary occupant: o Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and o Does not have the rights of a tenant. • The temporary occupancy agreement may be terminated by: o The tenant without cause at any time; and o The landlord only for cause that is a material violation of the temporary occupancy agreement. • The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement. • Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level. • A temporary occupancy agreement: o Must expressly include the above requirements; o May provide that the temporary occupant is required to comply with any applicable rules for the premises; and o May have a specific ending date. • The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement. • A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement. • The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. o Except in cases of discrimination (ORS 90.449) a landlord may terminate the tenancy of the tenant if the temporary occupant fails to promptly vacate or if the tenant materially violates the temporary occupancy agreement. • A temporary occupant is treated as a squatter if they continue to occupy the home after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement. • A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities; • A tenant may not become a temporary occupant in the tenant’s own dwelling unit; • A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. In your case, it would appear that you could either terminate the tenant’s tenancy since they vacated leaving the temporary occupant to occupy alone, a violation of the statute, or terminate the temporary occupant for the same reason. I would try a written notice to the temporary occupant, to see if they will voluntarily vacate. If they refuse, then you should retain counsel and proceed to evict him as a squatter. Do not, under any circumstances, accept rent from the temporary occupant.

Answer: Before getting into specifics, here is a rule you and all community owners and managers should never forget:

In most disputes, the lapse of time without resolution favors the tenant.

In your situation, this issue could have and should have been nipped in the bud. Since that has not been the case, you now take the risk that he, or his attorney, could argue that you have waived your rights to require him to vacate.

Now to the point:

1. I disagree with the Oregon Fair Housing Counsel, if I correctly understand their initial response. Just like with all such issues, a resident is no more entitled to permit a mean, contentious, threatening care giver in the community than it would be in permitting a known dangerous assistance animal. A balance must always be reached between granting the resident their Fair Housing rights, and the peace, safety, and quiet enjoyment of the rest of the community.

1. While some may disagree with me here, I believe that the Temporary Occupancy statute, ORS 90.275 can be very helpful in this type of situation.[1] But the issue should have been resolved long ago. Once you have someone on a signed Temporary Occupancy Agreement containing a fixed term, you have a degree of control that you did not have before. I would suggest that he be placed on a Temporary Occupancy Agreement for, say, six months, with a commitment that you will renew it for another six months, so long as he does not cause further disturbances, etc. [The Fair Housing law would likely require this commitment, and I agree.]

1. Here are the statutory rules regarding temporary occupancy:

• The temporary occupant is not a tenant entitled to occupy the dwelling unit to the exclusion of others;
• He/she does not have the rights of a tenant;
• The temporary occupancy agreement may be terminated by the tenant [in this case the elderly mother] without cause at any time and the landlord only for cause that is a material violation of the temporary occupancy agreement.
• The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement;
• Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record [The landlord may not screen the proposed temporary occupant for credit history or income level.]
• A temporary occupancy agreement:
  • May provide that the temporary occupant is required to comply with any applicable rules for the premises; and
  • May have a specific ending date;
• The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement;
• A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement;
• The temporary occupant must promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms;
• Subject to certain exceptions, the landlord may terminate the tenancy of the tenant if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement;
• A temporary occupant may be treated as a "squatter" if he/she continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement; and
• A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [Emphasis added.]

1. As you can see with the last rule, the son may not occupy the dwelling in the absence of his mother being there as a resident. If the mother is in Southern California and he is living in the home during her absence, he is starting to look like a "tenant" and not a caregiver. At the risk of him morphing into a "tenant," you cannot permit this to situation to continue.

1. ORS 90.100(43) defines a "squatter" as a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. Oregon landlord law does not apply to squatters, meaning that they do not have the protection of tenants. However, since you do not have the son under a Temporary Occupancy Agreement, his status is up in the air.

1. If the son remains in the home, while his mother resides in Southern California, he should not be permitted to stay there. Technically, he cannot do so as a caregiver or a temporary occupant. If you can meet the following requirements, your rights would appear to be governed by ORS 90.403(1) (Taking possession of premises from unauthorized possessor)

(1) If an unauthorized person is in possession of the premises, after at least 24 hours' written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.105 to 105.168 if:

(a) The tenant has vacated the premises;

(b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and

(c) The landlord has not knowingly accepted rent from the person in possession of the premises.

1. If you do not meet the above statutory criteria, then your best bet is to get him on a Temporary Occupancy Agreement, making sure that he still understands that he cannot remain in the home while his mother is living - albeit temporarily - in Southern California.

[1] Some might say that just as you cannot required a "Pet Agreement" for an assistance animal, my response is that the Temporary Occupancy Agreement can, in my opinion, set forth "rules" for the caregiver, which, if not unreasonable, would be proper. In this case, for example, your "reasonable accommodation" to the resident's request that you permit her son to be her caregiver, is to say "Yes, but given his prior known history, these are the rules."

Answer: The tenant application process is one of the least understood by landlords and managers. This lack of familiarity can result in significant liability to park owners. Here is a short primer:

Screening Criteria. The manufactured housing section of Oregon's landlord-tenant law provides that any conditions the landlord applies in approving a purchaser who will live in the community should be disclosed in the existing resident's rental or lease agreement.(1) Although those conditions must be in conformance with state and federal laws, there are no limitations or restrictions as to what criteria may be placed in the rental or lease agreement.

If you are changing your screening criteria for existing residents, you may be in violation of Oregon law, since those criteria are supposed to already be in the rental agreement, which, as you know, cannot be unilaterally amended by a landlord - subject only to specific exceptions.

MHCO's rental (Form 5A) and lease agreement (Form 5B) forms contain a number of criteria that landlords may impose, such as: (a) prior rental references; (b) unsatisfactory credit history or no credit history; (c) character references; (d) criminal history; (e) insufficient income to reasonably meet the monthly space rent and other expense obligations imposed by the rental or lease agreement; (f) the presence, number and size of pets; (g) age verification criteria if the park is a 55+ facility; (h) evidence of falsified or misleading material information; (i) refusal to sign a written lease or rental agreement; (j) additional occupants; and (k) adverse public record information.

Note that in 2013, the Oregon Legislature changed the law as it relates to "criminal history." Now, landlords and managers may not summarily reject a prospective tenant for "any" criminal history. Today, it is limited to:

- Pending criminal charges, or
- Prior criminal convictions, if they resulted from crimes that are:
o Drug-related;
o Against persons;
o Sexual in nature;
o Fraudulent in nature; or
o That could adversely affect the property, health, safety, or peaceful enjoyment of the landlord, landlord's agents, or tenants.

To remind landlords and managers, MHCO will be adding these clarifications to its rental and lease agreement forms. In the meantime, landlords and managers should adhere to the new limitations described above.

Although there may be other criteria that landlords and managers may wish to use when deciding whether to accept an applicant, the above list in the MHCO form is very comprehensive, and should be sufficient in imposing adequate guidelines when a resident wishes to sell their home on site. If you want to make a change by adding additional screening criteria, you may only do so for new residents coming into the community - not retroactively for existing residents.

Landlords and managers should become familiar with the criteria imposed in their rental agreements and rental application forms. Additionally, they should not rely upon the application information submitted to them without a thorough background check providing necessary verification. Although Oregon law imposes a 7-day or 10-day period (2) within which landlords have to respond to a submitted application, it does not prohibit landlords from imposing a longer period so long as the applicant agrees. Additionally, Oregon law expressly states that the 7-day or 10-day period does not commence if the application is incomplete or inaccurate. Accordingly, landlords and managers would be wise to immediately return any submitted application if it is incomplete - and upon discovering that the prospective tenant/purchaser provided inaccurate information, the application should also be returned. Accepting an incomplete application or continuing with the process after discovering that the applicant has provided incorrect information can result in an argument by the existing tenant or the new applicant that the landlord is intentionally delaying the process.

Conclusion. Landlords would have fewer tenant problems if they took more time during the screening process. This means resisting the temptation to fill a space quicker than the approval process actually takes. Unfortunately, the desire to have the rental flow commence quickly can result in the process becoming rushed. Landlords and managers should never allow the applicant to rush them. Nor should they ever permit an applicant to move into a home before the process has been completed and a new rental agreement signed. Lastly, fairness and uniformity in screening will help to avoid the ever-present liability that can occur under the federal and state Fair Housing laws when one applicant claims they were treated differently than another.

1 Although the law provides that the screening criteria must be in the rental or lease agreement, they may also be found in the rules and regulations. While there is no problem with this, other than redundancy, landlords should be careful to make sure that the criteria are the same. Similarly, the criteria may also be put in the Statement of Policy, but similar caution should be exercised to make them consistent. My approach is however, to avoid the risk of inconsistency by not repeating the same requirements in multiple documents. If one document gets changed and the others don't there will be an inconsistency.

2 The longer period exists if the tenant failed to give the landlord at least 10-days advance notice of intent to sell his/her home.

Answer: There is no need to create a new rental agreement unless there is a good reason. A “good reason” might be because the existing rental agreement is old and outdated. But if you are to use a new rental agreement for the existing and new tenant, the existing tenant will have to agree, since technically you cannot “force” the existing tenant to sign a new one.

If that is not an issue, just have the new tenant sign an addendum to the existing rental agreement. I think that is cleaner that having the new tenant just sign and date the existing rental agreement. (This isn’t fatal in just signing the existing document – it is just my preference for a clean paper-trail.)

If using an addendum, all it needs to say is that the new tenant agrees to be bound by all (a) existing rules and regulations currently in place, the existing Statement of Policy, and all pending notices such as rules changes, utility changes, and related documents, which the new tenant confirms they have read and understand. You should make sure that you list all such documents in the addendum, just to make sure there is no confusion by the new tenant about what they are signing on to. You and the new tenant should then date and sign the addendum, giving him or her a copy and keeping one for the file.

As for whether this new tenant will be subject to the rent increase you have planned in six months, the answer is “Yes.”  There is a common misconception that MHP landlords cannot increase rent during the first year of tenancy. While it is true that rent cannot be increased during the first year of a non-MHP tenancy[1] (i.e., where the tenant does not own the home, or it is an RV) that limitation does not apply to MHP tenancies where the tenant owns their home. See, ORS 90.600, the MHP rent increase statute. It does not contain any limitations on increases within the first year of tenancy.

Caveat: If you have park-owned homes or RVs in spaces, the one-year prohibition of ORS 90.323 (3)(a) does apply.

[1] See, ORS 90.323 (3)(a).