Caregivers

Phil Querin Q&A: Caregiver Violates Community Rules

 

Question:  We have a 91 year old tenant who is bedridden, and his daughter who is 66 years old, is his caretaker. He is not coherent. Meanwhile, she continually lets people stay at the residence past the 14 day limit in our rules. The space is not maintained.  We sent a 30 day notice in August for unauthorized residents. Unfortunately, the caretaker continues to let in more unauthorized residents, some of whom are suspected of burglaries in the park and the residents are very concerned about their safety and are demanding we evict. The caretaker’s guests routinely break the rules. I have contacted the county ‘Adult and Senior Services”.  They have not been helpful.  The residents want something to be done.  I hate the thought of evicting a 91-year old man, just to get rid of his daughter.

 

 

Phil Querin Q&A - Resident Leaves but Returns Requesting Temp Occupant Status

Question:  A former tenant who signed over his mobile but left the Park with almost $4,000 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?

Phil Querin Observation - Caregivers and Occupancy Agreements

The following is a summary of my conversation with the Fair Housing Council of Oregon on 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 doubt their legal status if the Landlord wants them removed from the Community).

Phil Querin Q&A: Dealing With A Troublesome Caregiver

 

Question: We have a tenant whose son (age 65) is her caregiver.  They spend winters in Southern California.  The son/caregiver used to work for us a few years ago, but was fired due to his terrible attitude and disrespect for management.  The situation has continued to worsen, and he has filed false complaints against the park with the DEQ over our wastewater.

 

He submitted a Temporary Occupant Agreement (MHCO #25) dated March 13, 2013, containing an expiration date of November 2049.  Obviously, we would not accept that request.  We have spoken to the Oregon Fair Housing Council, and they advised us that a resident is entitled to have the caregiver of their choice, and if we resisted he could possibly take the case to BOLI and we would not prevail, with a very costly defense.

 

Since then we sent him a revised Temporary Occupant Agreement, identifying that it was a “reasonable accommodation compromise,” setting forth specific conditions limiting his interactions with management and physical proximity to the wastewater plant.  After no response, we again spoke with a Fair Housing Council representative again, and they stated they would contact the resident and her care provider to ask them to send the signed agreement back to us.  So far, we have never received it back, so currently, he does not have any written agreement with us for his occupancy, temporary or otherwise.

 

We are concerned that when his elderly mother passes away, he will apply for occupancy.  We do not believe that he could pass our income requirements for residency.  He currently does “handy man” jobs for other residents, and likely cannot demonstrate sufficient income. 

 

Two weeks ago he took his mother to Southern California for the winter and returned without her.  It is unclear if he will stay through the winter, or return to California.  Can we write him a letter saying that as a caregiver, he is not allowed to be here without her?