MHCO Legal Counsel

Question:  We require that the application for residency in our manufactured housing community be completely filled out - including Social Security numbers.  We require two pieces of identification - one may be a social security card.  However, my understanding is that you cannot use a social security card for identification.  Is that true? 

We have had some real estate brokers object and tell us that it is against law do deny a person occupancy because they do not have a social security number.  Some applicants have an ITIN (individual taxpayer identification number).  

The screening company has said they cannot do a credit check with ITIN - they need a social security number.  

So, my questions are: (a) Is it illegal to requirea social security number; and (b) would it be a violation of the Fair Housing Laws to deny an applicant because they do not have a social security number?

Question:  We had a resident that we entered into a stipulated judgment agreement with on March 6, 2020.  This was prior to tenants having the ability to claim financial hardship or having the Moratorium in place. They paid 2 payments but stopped paying the terms of the agreement as well as not paying their current rent payments. Are they protected under the financial hardship provisions of the Moratorium? Are we required to send them the Declaration of Financial Hardship? Can we file an Affidavit of Non-compliance due to the resident not complying with the stipulated agreement? 

A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage.  This tree was neither planted by the current tenant, nor the community.[1]  

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?

Question No. 3. Does maintaining a tree include tree removal?

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

Question:  In reviewing MHCO Form 42, the new 10-day notice, which replaces the old 72-hour notice, we’re told not to use it without consulting an attorney to determine if the Moratorium is still in effect. Isn’t it still in effect until 7/1/2021?

Editor's Note:  The revised Form 42 notice and Forms 110 and 111 are ATTACHED to Phil's article under "Community Updates".  The forms are not uploaded under "Forms".  

Pet Rent

Question:  Is it permissible to charge a tenant rent for their pet? 

Rent Increases in Oregon for 2020-2021

Question: Going into 2021, what is the applicable rent cap and when does it start. Does the new amount start this month (October 2020) or is it effective January 2021?  Finally, is the effective date of the rent increase amount based on when the rent increase notice is sent or when it becomes effective?

In the continuing fight to slow the spread of COVID, the White House has just announced an Order barring nonpayment of rent evictions against most tenants through December 31, 2020. 

It has been issued by the Centers for Disease Control and Prevention (“CDC”). The text can be found here.  

This new moratorium is just one of many throughout the country. The federal government passed the CARES Act, which was intended to protect renters in apartments and single-family homes financed with a federally backed mortgage (e.g. Fannie and Freddie, etc.). It has since expired, which, in part, is why the CDC Order was enacted. 

However, the CDC order is much broader than the CARES Act, and applies to all renters of residential housing.[1] However, to obtain this protection, tenants will have to attest, under oath, to a substantial loss of household income; the inability to pay full rent; to having exercised their best efforts to obtain all available government assistance for rent or housing; that eviction would require them to live in close quarters with others; and attesting that an eviction would likely leave them homeless or otherwise, etc.

Question:  A resident in our community has ants in her home. She says they are coming from the ground around the home and has had an exterminator out who confirms that the infestation is coming from the ground.  The resident demands that we pay for the exterminator and that the infestation be controlled at the expense of management. WE do not believe it is our responsibility.  What are your thoughts?

Question:  I am confused on the use of rules violation notices.  Do I use a 20-day notice or 30-day notice?  Does the “three strikes law” apply?

Question.Landlord has given resident notification of expiration of lease term, but tenant has not responded.  What does landlord do when there is no response from resident?  Should she still accept rent, which would turn it into a month-to-month tenancy? What is the best strategy?