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Short Overview: Caregivers and Temporary Occupancy Agreements

May 1, 2019

MHCO

The issue of whether landlords can put caregivers on Temporary Occupancy Agreements, rather than putting them on a Rental Agreement, or not putting them on any written agreement (which leaves in do

Fair Housing Claims Based on Familial Status - Questions and Answers

April 28, 2020

MHCO

Last week we uploaded “10 rules on how to avoid fair housing claims based on familial status”. This week, let’s look at how the rules might apply in the real world. Here are 4 questions - with answers posted on MHCO.ORG.

INSTRUCTIONS: Each of the following questions has only one correct answer.

Evicting “Vacation Occupants” from RV Park

March 27, 2025

Mark L. Busch

Attorney

By: Mark L. Busch, P.C., Attorney at Law

This article is informational only and is not intended as legal advice. Always consult with a competent attorney before undertaking any legal action.

Question: We have a person on a vacation occupancy agreement in our RV park (MHCO Form 202). The end date for the agreement is coming up, but this person says he is not going to move out with his RV and wants us to give him a regular rental agreement. We don’t want him as a long-term tenant based on his behavior (dog loose, messy RV space, etc.). Do we have to offer him a rental agreement? How do we get him out if he refuses to leave?

Answer: You do not have to offer him a rental agreement. Since you indicate that h

Phil Querin Q&A: Bad Tenant Applies for Temporary Occupant

June 25, 2024

Phil Querin

Querin Law

MHCO Legal Attorney

Question: A former tenant who signed over his mobile but left the Park with almost $8,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor’s home. Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I’m afraid he will say he will be serving as a care giver for the current tenant. What can I do?

Answer: Does the former tenant have issues other than his lack of fiscal resp

Phil Querin Article: The Supreme Court's Recent Disparate Impact Ruling: What It Means To Fair Housing Law And Occupancy Limits

October 14, 2015

Phil Querin

Querin Law

MHCO Legal Counsel

The U.S. Supreme Court Weighs In. On June 25, 2015, the United States Supreme Court, in Texas Dept. of Housing vs.

Phil Querin Q&A: Caregiver Violates Community Rules

October 10, 2016

Phil Querin

MHCO Legal Counsel

Answer. I suspect you allowed the caregiver in without putting her on an Occupancy Agreement (MHCO Form No. 25 ).

Fair Housing: Occupancy By Who's Standard (Part 2 of 2)

By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW WashingtonIn our last article, we looked at the work of Tim Iglesias and the legal implications of, as well as t

Read more about Fair Housing: Occupancy By Who's Standard (Part 2 of 2)

Phil Querin Observation - Caregivers and Occupancy Agreements

April 7, 2015

Phil Querin

MHCO Legal Counsel

If the provider doesn'tqualify based on the background check[1] then you don't have to accept them into the Community;
If they violate rules of the communit

Phil Querin Q&A: Occupancy Limits in 55+ Community

October 8, 2015

Phil Querin

MHCO Legal Counsel

Answer: You must have at least one person who is 55 years of age or older living in at least 80% of its occupied units. This 80/20 rule is critical.

Phil Querin Q&A: Temporary Occupant Stealing Electrical Power

April 1, 2014

Phil Querin

MHCO Legal Counsel

Answer: Assuming that the landlord has a temporary occupancy agreement in place, the answers are found in ORS 90.275 (Temporary occupancy agreement; terms and conditions).