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Such shifts in the American population will bring significant changes to America - from the way products and services are developed and marketed to this expanding audience to the types of homes people will choose to purchase - including where these homes are located. When baby boomers choose to relocate/downsize from their existing "McMansion" homes, they will have a wider variety of housing options to choose from than today's senior home owners. Manufactured home builders and land"lease manufactured home communities will find themselves in an increasingly competitive housing marketplace where innovation and creativity are essential to success.

Housing Realities and Impacts

Forty"six percent of all households in America are headed by baby boomers (45"64 years old). If you add in those already aged 65 years or older, the number of these senior households grows to 60 percent. According to METLIFE Insurance Company, a large percentage of these heads of households will be grandparents. Due to economic necessity, many grandparents will be financially supporting their children and grandchildren, including having their children and grandchildren live with them. At the other extreme, 20 percent of these seniors will be living alone (this jumps to 38 percent of seniors over the age of 75). Because their children delayed having children until later in life, more of these seniors living alone also will have grandchildren who visit frequently.

Approximately 35 percent of Americans over the age of 65 rely almost entirely on Social Security payments for income, with the average Social Security benefit for a retired worker in 2011 about $1,177.00 per month. The Council on Aging estimates that while many aging Americans perceive their health as excellent or good, the reality is that most older adults have at least one chronic condition and many have multiple conditions. Older Americans spend approximately 13 percent of their total expenditures on health - more than twice the proportion spent by all consumers.

So what do these demographic changes mean for an owner of a land"lease manufactured home community? According to the U.S. Census Bureau's 2010 report, manufactured home community owners should expect the following housing impacts: expect people to double up or share their homes by renting rooms; they will have less income available to deal with higher utility bills and the need to financially support their extended families; and more home"bound residents will not have the option or won't be able to afford other living arrangements.

The impacts and challenges continue. Are 55+ communities realistic considering the need to allow extended or non" traditional families in manufactured home communities? Does offering homes for rent in these communities make economic sense? Should communities build playgrounds (maybe with adult exercise equipment) as a way of making them more family"friendly? Should people be allowed to rent rooms in their homes? Can duplex manufactured homes be developed to replace older homes in communities? Are manufactured homes able to accommodate residents who want to "age in place" in their homes? What kind of "assisted living" rental income homes with "age"in"place" technologies will keep residents in their communities longer?

Innovative Approaches and Solutions

The Newport Pacific Family of Companies is a manufactured home community, marina and apartment property management firm, managing properties and home owner associations in five states stretching across the country. Its full"service property management strategies have one goal: to create successful communities and increase their value for owners and residents alike. It has been a pioneer in addressing many of the issues created by an aging population within manufactured home communities.

Mike Sullivan, CEO and principal of Newport Pacific Capital and President of Cirus Development, is a certified property manager, a California General Contractor and a manufactured home retailer. As former President of the Board of Directors of the Western Mobilehome Park Owners Association (WMA) and President of the Santa Clara County Manufactured Housing Education Trust, Sullivan has an extensive understanding and appreciation of the challenges facing land" lease community owners.

Sullivan explains that land"lease community owners face an increasing problem as community residents get older. "One of my communities was facing the situation where it lost 10 residents in one month, 18 percent of its residents in one quarter, and the children of the deceased residents had stopped paying space rent," Sullivan noted. "We had to be creative in order to stem the problems this community faced." Another fact he uncovered in his research was that their original 55+ aged residents (now 75 to 85 years old and older) were being marketed to heavily by the local assisted"living companies surrounding their communities. "We had become the feeder lot for these organizations," said Sullivan.

Newport Pacific created a subsidiary, Lifestyle Services, Inc., to develop solutions that could address the many issues being raised by an aging resident population. Its Lifestyle Services Concierge Service helps seniors stay in their homes longer by helping them retain their independence as long as possible. The service assists residents with tasks that they can't easily do - or at all - any more. Additionally, the service offers family members who can't be with their aging loved ones as often as they would like the peace of mind of knowing that they are being well"cared"for. Services include housekeeping and yard maintenance, running errands and handyman services, and modified house sitting services.

Another approach has been the development of technologies such as the "Close"By" Network that provides in"home monitoring and reporting of behavioral patterns like eating, sleeping and medication use directly to the doctors of the aging residents. The service also allows routine medical tests, such as blood pressure, to be performed directly in the resident's home, enabling doctors to monitor the procedures and results via direct video links. "It's a virtual doctor's office," said Sullivan. The service can even be expanded to offer in"community services in a community's clubhouse.

Next Steps Forward

One of the company's more innovative approaches has been the development of its Net Zero model home and electric car. Newport Pacific's sister companies, Modular Lifestyles and Cirus Development, began developing and building "Net Zero Green" homes in 2008 for a new 62+ community, Oak Haven, located in Ojai, CA. The new modular homes incorporated maximum energy"efficiency technologies that operate at or near "Net Zero" energy use. The home has a home energy rating system at the factory that is 21 percent better than standard"built homes. The homes are 90 percent constructed in the factory, with minimal waste and the onsite work requiring only two 8x8x8 dumpsters.

The first model of this new generation of homes was placed in the community in 2008 and proved to be quite successful. The community began filling up with these innovative homes within two years, and won the 2011 MHI "Homes Under 1800 Square Foot" award category with Cavco Industries.

When Florence Roach's Santa Barbara condominium sold the first day on the market, she knew that her decision to move was a good one. Considering her future retirement, Florence had wanted a less expensive place to live and maintain. With her daughter living in Ojai, Florence checked out Oak Haven's advertising claims of "low cost" living with "green" solar"powered, energy"efficient modular homes. Florence was sold on the Ojai Valley and purchased one of Modular Lifestyle's homes.

Before coming to Ojai, Florence had experienced respiratory problems that could come on without notice along with allergies and osteoarthritis. Since moving into her new home, she has had unexpected health improvements which she attributes to the dry heat and the less toxic interior environment of her new home. The whole"house fan in the new home continuously replaces the home's interior air with filtered air.

The homes include extra ceiling, wall and floor insulation that keeps their interior temperature moderate, with Florence's electric and gas bills at or near zero every month, even during her first hot summer in Ojai. These are the kinds of operating costs she can afford for the future. In fact, from July 2011 to July 2012 she has a cumulative negative $19.50 credit on her electric bill.

The company then turned its focus to developing and building its "Quest" home. These solar"powered, energy" efficient modular homes also include other energy"saving features such as tankless water heaters and propane"powered generators so that the homes are virtually independent of outside electrical service. Due to the high number of 30" and 50"amp "mobile home parks," this home solves the overall issue of aging infrastructure.

New Thinking

Senior communities, such as Oak Haven, are proving that land"lease communities are well"positioned for the upcoming Baby Boomer population explosion and have a unique opportunity unlike any other multi"family housing project. They have existing facilities that can be upgraded to incorporate services and products that more directly appeal to seniors. But to be successful, land"lease communities must embrace the changing housing marketplace with creative thinking and innovation. By doing so, land"lease communities can compete with and be attractive alternatives to the newly" built senior apartments and assisted"living developments. The reality of the generational changes taking place in the housing marketplace requires new thinking and new approaches...all at a very accelerated pace of just a few short years.

Such shifts in the American population will bring significant changes to America - from the way products and services are developed and marketed to this expanding audience to the types of homes people will choose to purchase - including where these homes are located. When baby boomers choose to relocate/downsize from their existing "McMansion" homes, they will have a wider variety of housing options to choose from than today's senior home owners. Manufactured home builders and land"lease manufactured home communities will find themselves in an increasingly competitive housing marketplace where innovation and creativity are essential to success.

Housing Realities and Impacts

Forty"six percent of all households in America are headed by baby boomers (45"64 years old). If you add in those already aged 65 years or older, the number of these senior households grows to 60 percent. According to METLIFE Insurance Company, a large percentage of these heads of households will be grandparents. Due to economic necessity, many grandparents will be financially supporting their children and grandchildren, including having their children and grandchildren live with them. At the other extreme, 20 percent of these seniors will be living alone (this jumps to 38 percent of seniors over the age of 75). Because their children delayed having children until later in life, more of these seniors living alone also will have grandchildren who visit frequently.

Approximately 35 percent of Americans over the age of 65 rely almost entirely on Social Security payments for income, with the average Social Security benefit for a retired worker in 2011 about $1,177.00 per month. The Council on Aging estimates that while many aging Americans perceive their health as excellent or good, the reality is that most older adults have at least one chronic condition and many have multiple conditions. Older Americans spend approximately 13 percent of their total expenditures on health - more than twice the proportion spent by all consumers.

So what do these demographic changes mean for an owner of a land"lease manufactured home community? According to the U.S. Census Bureau's 2010 report, manufactured home community owners should expect the following housing impacts: expect people to double up or share their homes by renting rooms; they will have less income available to deal with higher utility bills and the need to financially support their extended families; and more home"bound residents will not have the option or won't be able to afford other living arrangements.

The impacts and challenges continue. Are 55+ communities realistic considering the need to allow extended or non" traditional families in manufactured home communities? Does offering homes for rent in these communities make economic sense? Should communities build playgrounds (maybe with adult exercise equipment) as a way of making them more family"friendly? Should people be allowed to rent rooms in their homes? Can duplex manufactured homes be developed to replace older homes in communities? Are manufactured homes able to accommodate residents who want to "age in place" in their homes? What kind of "assisted living" rental income homes with "age"in"place" technologies will keep residents in their communities longer?

Innovative Approaches and Solutions

The Newport Pacific Family of Companies is a manufactured home community, marina and apartment property management firm, managing properties and home owner associations in five states stretching across the country. Its full"service property management strategies have one goal: to create successful communities and increase their value for owners and residents alike. It has been a pioneer in addressing many of the issues created by an aging population within manufactured home communities.

Mike Sullivan, CEO and principal of Newport Pacific Capital and President of Cirus Development, is a certified property manager, a California General Contractor and a manufactured home retailer. As former President of the Board of Directors of the Western Mobilehome Park Owners Association (WMA) and President of the Santa Clara County Manufactured Housing Education Trust, Sullivan has an extensive understanding and appreciation of the challenges facing land" lease community owners.

Sullivan explains that land"lease community owners face an increasing problem as community residents get older. "One of my communities was facing the situation where it lost 10 residents in one month, 18 percent of its residents in one quarter, and the children of the deceased residents had stopped paying space rent," Sullivan noted. "We had to be creative in order to stem the problems this community faced." Another fact he uncovered in his research was that their original 55+ aged residents (now 75 to 85 years old and older) were being marketed to heavily by the local assisted"living companies surrounding their communities. "We had become the feeder lot for these organizations," said Sullivan.

Newport Pacific created a subsidiary, Lifestyle Services, Inc., to develop solutions that could address the many issues being raised by an aging resident population. Its Lifestyle Services Concierge Service helps seniors stay in their homes longer by helping them retain their independence as long as possible. The service assists residents with tasks that they can't easily do - or at all - any more. Additionally, the service offers family members who can't be with their aging loved ones as often as they would like the peace of mind of knowing that they are being well"cared"for. Services include housekeeping and yard maintenance, running errands and handyman services, and modified house sitting services.

Another approach has been the development of technologies such as the "Close"By" Network that provides in"home monitoring and reporting of behavioral patterns like eating, sleeping and medication use directly to the doctors of the aging residents. The service also allows routine medical tests, such as blood pressure, to be performed directly in the resident's home, enabling doctors to monitor the procedures and results via direct video links. "It's a virtual doctor's office," said Sullivan. The service can even be expanded to offer in"community services in a community's clubhouse.

Next Steps Forward

One of the company's more innovative approaches has been the development of its Net Zero model home and electric car. Newport Pacific's sister companies, Modular Lifestyles and Cirus Development, began developing and building "Net Zero Green" homes in 2008 for a new 62+ community, Oak Haven, located in Ojai, CA. The new modular homes incorporated maximum energy"efficiency technologies that operate at or near "Net Zero" energy use. The home has a home energy rating system at the factory that is 21 percent better than standard"built homes. The homes are 90 percent constructed in the factory, with minimal waste and the onsite work requiring only two 8x8x8 dumpsters.

The first model of this new generation of homes was placed in the community in 2008 and proved to be quite successful. The community began filling up with these innovative homes within two years, and won the 2011 MHI "Homes Under 1800 Square Foot" award category with Cavco Industries.

When Florence Roach's Santa Barbara condominium sold the first day on the market, she knew that her decision to move was a good one. Considering her future retirement, Florence had wanted a less expensive place to live and maintain. With her daughter living in Ojai, Florence checked out Oak Haven's advertising claims of "low cost" living with "green" solar"powered, energy"efficient modular homes. Florence was sold on the Ojai Valley and purchased one of Modular Lifestyle's homes.

Before coming to Ojai, Florence had experienced respiratory problems that could come on without notice along with allergies and osteoarthritis. Since moving into her new home, she has had unexpected health improvements which she attributes to the dry heat and the less toxic interior environment of her new home. The whole"house fan in the new home continuously replaces the home's interior air with filtered air.

The homes include extra ceiling, wall and floor insulation that keeps their interior temperature moderate, with Florence's electric and gas bills at or near zero every month, even during her first hot summer in Ojai. These are the kinds of operating costs she can afford for the future. In fact, from July 2011 to July 2012 she has a cumulative negative $19.50 credit on her electric bill.

The company then turned its focus to developing and building its "Quest" home. These solar"powered, energy" efficient modular homes also include other energy"saving features such as tankless water heaters and propane"powered generators so that the homes are virtually independent of outside electrical service. Due to the high number of 30" and 50"amp "mobile home parks," this home solves the overall issue of aging infrastructure.

New Thinking

Senior communities, such as Oak Haven, are proving that land"lease communities are well"positioned for the upcoming Baby Boomer population explosion and have a unique opportunity unlike any other multi"family housing project. They have existing facilities that can be upgraded to incorporate services and products that more directly appeal to seniors. But to be successful, land"lease communities must embrace the changing housing marketplace with creative thinking and innovation. By doing so, land"lease communities can compete with and be attractive alternatives to the newly" built senior apartments and assisted"living developments. The reality of the generational changes taking place in the housing marketplace requires new thinking and new approaches...all at a very accelerated pace of just a few short years.

Why Submeter?

One of the largest expenses for a mobile home park is utilities. It is also an expense item that continues to increase over time. There are three major reasons for this:

- Rate Increases - The cost of energy (gas and electric) production and acquiring clean water has outpaced inflation for the past decade.

- Increases in Occupancy - Due to the economic environment more people are living with extended families. Higher occupancy leads to higher utility usage.

- Wasteful Usage - Residents are often less conservative with their utility usage when they are not aware of their individual consumption or do not have an incentive to save.

Studies have shown that once residents become aware of their utility usage, the total consumption will go down, on average around 22%. According to a 2007 Santa Clara Water District study, Water Submetering in Mobile Home Parks, "Tenants who are individually metered can benefit by being able to monitor and control their water use - with submetering, they only pay for what they use, not what others use . . . the four mobile home parks examined shows an annual water savings of from 15 to 30%."

Submetering makes economic sense for both the association and the residents. The water, gas and/or electric can be billed back to the residents thus reducing the overall association's expenses. Without submetering, associations and property owners may be forced to pass the increased expenses evenly to all residents. This would unfairly increase costs for residents who are already conscious of their utility usage. The residents will benefit because they are now in control of their utility expenses.

Submeters and Automatic Meter Reading Systems (AMR)

There are many types of submeters that will accommodate any mobile home. In areas where water pipes can freeze, you need to take measures to prevent the meters from freezing. For these applications there are meters with freeze plates or heat tape with insulation jackets. There are also a variety of gas and electric meters suitable for any environment. Submeters were once read by a "meter reader" who came to the property once a month to read the meters either manually or with a variety of handheld devices. This outdated way of reading meters only provided the meter readings once a month, so if there were a leak on the property or a running toilet, hundreds of gallons of water would have already been wasted before the resident received their next bill. The current way of reading submeters is through an Automatic Meter Reading System or (AMR). AMR's have a small transmitter connected to each meter that sends the meter reads wirelessly to a data collector located on the property. The meter readings can then be downloaded daily and used to notify a property manager or resident if there is a sudden or steady increase in water usage. The devices can pinpoint the exact meter and time the increased usage started so the leak can be resolved within days, not months. Many submetering and billing companies can provide a web-based system with daily meter reads with their services.

How does it Work?

It is best to select a reputable submetering and billing company in the beginning to ensure you are getting the appropriate meters and AMR system for your property. These companies will typically handle all of the details, from the design and installation to the resident billing so you can start saving immediately. Following are some typical steps for a new installation:

1. A complete property analysis is completed to determine the best submetering products for the desired application.

2. Notices are issued to inform residents of the new submetering system.

3. Equipment is ordered and depending on state and local regulations may be sent to a government office for inspection and testing. The meters would then be installed along with the AMR system.

4. Resident information along with their meters is uploaded to a billing system and ready for processing.

5. Meter information is read via (AMR) wireless transmitters and receivers and transmitted back to a billing company. Individual meter readings are then imported into a billing system and individual utility bills are created.

6. Utility bills are sent directly to residents via U.S. Mail and/or electronically to e-mail addresses.

7. The billing company will typically collects payments via multiple payment methods including check, money order, eCheck or major credit card. Online and phone payments are often accepted as well.

8. A monthly utility reimbursement check is then sent to the owner, manager or association.

Multifamily Utility Company offers both code-compliant submetering systems and customized Ratio Utility Billing Systems (RUBS) for mobile home parks. Multifamily Utility Company handles everything from the system design and installation to monthly meter reading and billing. With more than 20 years of experience, Multifamily Utility is committed to being an industry leader in submetering and billing.

For more questions please contact Multifamily Utility Company at: 800.266.0968 or view their website at www.mobilehomeutility.com or www.multifamilyutility.com

Answer. ORS 90.545(Fixed Term Tenancies) provides that unless you take action not less than 60 days prior to the end of the term, the lease becomes a month-to-month tenancy on the same conditions as the original lease. 

The only exception to this is for the landlord to submit a proposed new lease to the tenant at least 60 days prior to the ending date of the term. Any provisions that are new, i.e. not in the prior lease, are to be summarized in a written statement; the same applies if the landlord is going to create new community rules. Remember, however, that if there are substantive changes to either or both of these two sets of park documents, you may also have to issue a new Statement of Policy under ORS 90.510,[1]which is a summary explanation of certain park policies provided to new and existing residents.

If you introduce new lease terms or new rules, they must “(f)airly implement a statute or ordinance adopted after the creation of the existing agreement; or are the same as those offered to new or prospective tenants in the community.”

Note, however, that the new lease terms or rules cannot relate to the “…age, size, style, construction material or year of construction of the manufactured dwelling” *** and cannot “…require an alteration of the manufactured dwelling *** or new construction of an accessory building or structure.

The tenant must accept or reject the proposed new lease at least 30 days prior to the ending of the term by giving written notice to the landlord.

So, your choice on expiring leases under ORS 90.545 is: (a) To do nothing, in which case the lease morphs into a month-to-month tenancy on the same terms as the earlier lease, or (b) Introduce a new lease and/or rules that “(f)airly implement a statute or ordinance adopted after the creation of the existing agreement; or are the same as those offered to new or prospective tenants in the community.”

You do not have an option to notnon-renew the tenant at the end of a lease term.  This is not to say that you are limited in termination  for cause under: ORS 86.782(6)(c) (foreclosure trustee sale),90.380(5) (dwelling posted asunsafe by gov’t),90.392 (termination for cause),90.394 (termination forfailure to pay rent),90.396 (termination on 24-hour notice),90.398(termination drugs, alcohol),90.405 (termination, unpermitted pet),90.440(termination in group recovery facility)or90.445 (termination for criminalact).  

As to the summary, the statute simply says that “(t)he landlord shall include with the proposed agreement a written statement that summarizesany new or revised terms, conditions, rules or regulations.” (Emphasis added.)

However, since you will have many changes to the new lease, you ask about two possible alternatives: Either to send the new lease to the tenant: (a) and inform him/her it has numerous updates and they should read it as if it were a completely new edition; or (b) “…offer a redline version which they wouldn’t be able to read.”

ORS 90.130 provides:

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.”

I read that to mean that good faith compliance is satisfactory in this case. Since ORS 90.545 does not elaborate about the written summary, I would opt for an approach that gives you more coverage rather than less. Both of your alternatives, especially (a) standing alone, could be attacked by residents as insufficient since it really doesn’t comply – if the goal is to inform and educate residents about the new changes. Alternative (a) is too little, and (b) is too much.

My view is that you don’t have to detail every single change, just the material ones that aid in understanding the nature and scope of the new provisions. Stylistic changes that do not alter the substance of the new text don’t need to be addressed. As to material changes, they should be summarized.

I would give the new lease to the residents together with a marked redline showing the material changes.[2]I would then include a distillation of the material changes in the new lease into categories and short summaries.

For example:

• Rule No. ___, Late Fees: they are going to increase from X$ to $Y;
• Rule No. ___, Pets: There will be a fine for pet violations;
• Rule No. ___, Mediation: Adds mediation rules under the recently enacted SB 586 Sec. 7 et seq. (2019) and provides that Landlord has the duty to mediate if requested by Tenant. See,https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/SB586;
• Rule No. ___, Occupants: Tenants must now notify manager within X days of the person coming into the park and obtain a Temporary Occupancy Agreement.

Be sure the notice invites residents to contact the park manager if they have any questions. I believe this approach meets the spirit and intent of ORS 90.545, and is in good faith compliance with the law.  

Lastly, before sending out the notice, enlist the help of someone who is not privy to the changes, and ask them to read your summary. If they understand it (without your coaching), then send. If not, I would re-work the language until it is clear. The goal is to avoid ambiguity in the summary; but if reasonable minds can differ as to the meaning of the new summary, it is, per se’ambiguous, and needs to be clarified before sending.

Answer: Even though some of your RV tenants are short-termers, I always recommend a complete tenant background check no matter how long the anticipated tenancy. As a businessperson, you have an obligation to yourself to ensure that every RV tenant checks out with a background screening for criminal, credit and eviction history. As a landlord, you have an obligation by law to ensure the peaceful enjoyment of the premises by not allowing "bad seeds" into the park.

Most problems can be avoided by doing your due diligence at the beginning of the tenancy with a proper background screening. The fact that these particular tenants are more transient than usual doesn'tmatter.

In some cases, it is even more important to check on transient tenants. By way of example, one mobile home park client allowed a woman with an RV into the park without any background check. The woman ended up being a "professional tenant" who worked the system and dragged out the eviction process for several months. She later popped up at another mobile home client's park and pulled the same scam.

As for the structure of the rental agreement for transient tenants, the first thing to do is use MHCO Form 80 (Recreational Vehicle Space Rental Agreement). I typically recommend a simple month to month agreement so that you can evict on 30 days' written notice if things don't work out with a particular RV tenant. Weekly tenancies are also allowable, although most RV tenants want assurances of a longer tenancy. Finally, a short fixed term tenancy (i.e., 3 months) is also acceptable so long as you're comfortable with the tenant and have done the required background checks.

Mark L. Busch, P.C.
Attorney at Law
Cornell West, Suite 200
1500 NW Bethany Blvd.
Beaverton, Oregon 97006

Ph: 503-597-1309
Fax: 503-430-7593
Web: www.marklbusch.com
Email: mark@marklbusch.com

Even when you have solid evidence that a resident has violated the lease or your community’s rules, he may try to turn the tables by questioning your motives. Unless you’ve applied the rules fairly and consistently, you could suddenly find yourself on the defense if it looks as though you’re acting in a discriminatory manner.

For example, the resident may argue that you took a hard line against him for breaking the rules only because he was a member of a protected class, and his claim could get some traction if he can show that you allowed other residents—who did not share his protected characteristic—to get away with the same or similar infractions. Evidence of inconsistent enforcement of your rules could lead a court to conclude that his violation of the rules wasn’t the real reason for evicting him, but merely an excuse to cover up unlawful housing discrimination.

Avoid the temptation to bend the rules for some people, but not for others, just because you happen to be friends with them or you think they’re nice people. You may not intend to discriminate against anyone, but treating some residents better than others may give the impression that you have discriminatory reasons for holding other residents to higher standards

By Mark L. Busch, P.C., Attorney at Law Question: Can our park use the regular MHCO manufactured home rental agreement for RV tenants who are allowed in certain spaces throughout our manufactured home park? Answer: No, the park should definitely not use a regular manufactured home rental agreement for RVs. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon's Landlord-Tenant Laws. Specifically, the MHCO manufactured home rental agreement (and most other, similar manufactured home rental agreements) typically define the rented space as being used for a manufactured home." This could used against the park in an eviction action. The RV tenant's attorney could very well argue that the RV is a "manufactured home

(Editors Note: MHCO is fortunate to have over 25 association members who provide a variety of services to manufactured home communities. MHCO strives to maximize associate member's exposure to the broader community membership. All MHCO associate members are invited to provide articles for the MHCO web site. We welcome your involvement - just contact the MHCO office.)

By Todd Montgomery Simmons & Associates Insurance

There are many considerations taken into account by Insurance companies when looking into insuring a Mobile Home Park. The following are just some of the factors:

- Type of Park:
Are you family friendly, 55 & older, Seasonal, or possibly a combination?

- Management:
Is your park managed by a management company? Do you have an onsite manager? Does the owner visit the park often?

- Rental Units:
Does your park have rental units? Do you require renters to carry renters insurance? Are the rental units inspected inside and out at least annually?

- Utilities:
Is your park on city sewer and water? If on a well, how often is the water tested? Is it tested by an outside independent company? How often is trash disposed of?

- Recreational Facilities:
Playground? Horseshoe pits? Tennis courts? Basketball courts? Weight room or exercise equipment?

- Exposure to water:
Do you have a pool? Does it have a slide or diving board? Is the pool area completely fenced? Are the rules and regulations clearly posted? Are depths marked? Is there safety equipment available? Is there a Jacuzzi or hot tub?

Is there any other exposure to water? (lake, pond, river, etc.)

- Security
Is there a gate at the entrance to your park? Are there security patrols from an outside agency? Are any park activities open to the public?

- Streets:
Are the streets paved? Are there any pot holes, depressions, or major cracks? Do you have speed humps? Are they painted? Is a speed limit posted? Do you have street lights?

- Tree exposure:
Does your park have an exposure to large trees? Are they pruned regularly?

Finally, the two most important factors Insurance companies consider when insuring a Mobile Home Park...

How many spaces?
Gross annual revenue?

Feel free to contact me if anything you have read in this article creates a question for you.

Todd Montgomery
511 Center Street
Oregon City, OR 97045
(503) 768 - 9706
todd@simmons-ins.com
www.simmons-ins.com

Answer: The short answer is "no," you probably do not need to provide shower facilities. However, there may be exceptions, so read through this entire answer to determine whether you may need to seek specific legal advice.

The Oregon Administrative Rules ("OAR") require RV parks to provide "toilets," but do not specify that parks are required to provide showers. OAR 333-031-0066 (1)(a).

The OARs refer to the types of "toilets" allowed, which can include flush toilet facilities, pit privies, or chemical toilets. OAR 333-031-0066 (2) and (3). Given that an RV park can provide non-plumbed toilet facilities, there is little doubt that showers are not part of the facility requirements.

Keep in mind that each situation is different and could be affected by local ordinances or your park's specific recreational park license or building permit. You should check your park documents for any mention of a shower requirement, and check your city or county ordinances governing RV parks for the same. If you are unsure whether shower facilities might be required, you should consult an attorney to specifically evaluate your situation.

(Footnote: If you do provide showers at your RV park, then the OARs lay out several specific requirements. Shower walls, ceilings and partitions must be impervious to water and watertight seals must be maintained at joints. Floor areas must be finished with non-slip surfaces and sloped to effectively drain water. Wooden racks or duck boards over shower floors are prohibited. Where glass shower doors are used, they must be made of safety glass. OAR 333-031-0012 (1).)

MHCO.ORG Note:  Pressure continues to build to provide more renter rights and legalize some form of rent control or rent justification.  Portland City Council's action this afternoon is yet another precursor of more to come in the Oregon Legislature.  Stay tuned - this issue is not going away anytime soon.

* * * * * *

By Jessica Floum

The Oregonian/OregonLive

Exceptions to Portland land use rules, protections for city renters facing eviction or big rent hikes, and political pressure to devote taxpayer and donor money to affordable housing will continue for the foreseeable future, following a unanimous Portland City Council vote Wednesday.

All those measures are intended to curb Portland's critical shortage of affordable housing and spike in homelessness.

The council voted Wednesday to extend for a second time its a declared "housing emergency." It also voted to extend a renter protection policy adopted in February by six months to give city officials time to implement a permanent renter's rights policy.

Instituted in 2015, the emergency declaration has encouraged spending on housing, allowed for flexibility in where city and county officials can open shelters and fast-tracked building permits for affordable housing projects. The council extended the declaration by 18 months and charged the Portland Housing Bureau and the city and county's Joint Office on Homeless Services to develop criteria for when the city should lift the temporary rules.

Commissioners hope to implement permanent rules in the city's zoning codes by then. They might include permanent zoning exemptions that allow for homeless camps such as Right 2 Dream Too or emergency homeless shelters in the winter.

"There's more we need to do to stabilize the systems that impact housing and homelessness in our community," Mayor Ted Wheeler said. "This is an emergency that requires action now."

Led by former housing advocate and city Commissioner Chloe Eudaly early this year, the council adopted a tenant protection rule that requires landlords to pay $2,900 to $4,500 in relocation costs to renters whom they evict without cause or who must move as the result of a rent increase of 10 percent or more.

The council extended that policy, set to expire Friday, by six months. Wheeler, the housing commissioner, pledged to bring a permanent renter protection rule back to the council on December 6.

Dozens of renters urged the council Wednesday to take the rule further.

They shared experiences of landlords finding ways around the rule such as increasing rents by 9.97 percent instead of 10 percent and requiring renters to pay for utilities that the landlord previously covered.

They advocated for closing an exemption for "mom and pop" landlords who only rent one unit. The impact on the renters is harmful, regardless of who the landlord is, they said.

Many of the most vulnerable tenants rent from smaller landlords because they can't access "mainstream" rental opportunities due to criminal histories or other "troubled records," said Katrina Holland, executive director of renter advocacy group Community Alliance of Tenants.