Oregon

Phil Querin Q&A: “Assistance” Animals – When Do They Become A Ruse?

 

Question:  Our community is having more and more residents who are trying to bring in dogs or other animals as “assistance” or “service” to get around signing the Pet Agreement or paying pet fees. We also have some that bring in pets that are under the weight limit as puppies, but not as adults. What can be done? And what about those breeds of dogs that have a reputation for being vicious, that residents claim are for their emotional support? Do we, as landlords, have any recourse to require residents to get rid of their animals, as they are abusing the system to circumvent our size requirements?

 

Phil Querin Q&A: Death of Tenant in Community Owned Home Disposal of Personal Property

 

Question: I have a question regarding a resident’s death in our community where the only thing he left was his personal belongings and cars on the space. The landlord owned the home and had been subleasing to the resident. After he passed away, his foster brothers were notified, and they have gone through the home, and presumably took what they wanted. There is no will.  What does the landlord do at this point?  How would this be different if the resident owned the home?

 

 

A True Opportunity to Purchase A Landlord’s overt offer to Tenants and CASA of Oregon - Part II

This is a multiple part series on a private owner of a Manufactured Home Community willingly attempting to sell that Community to an Association of tenants within that Community. Riverbend MHP is a 39 space community located within the city limits of Clatskanie, OR. The motivation of the seller was discussed in the first part.

Phil Querin Q&A: Two Questions on Children in Parks

 

Question 1:  If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?  

Question 2:  If the current rules in a family community appear to be discriminatory towards children – e.g. they place restrictions that have a discriminatory impact on children or persons with children (e.g. curfew on children, even if it’s intended to be for their own safety) can the landlord unilaterally amend the rules, or does he/she need to go through the formal rule change process outlined in the ORS 90.610?

 

 

Phil Querin Q&A: Medical Marijuana And Reasonable Accommodations Laws In Oregon

 

Question. We have an applicant applying for residency that has an Oregon Medical Marijuana Card, He has requested that he grow marijuana for his use and is asking for a reasonable accommodation to grow since our rules do not allow pot to be grown on the space.  Does this qualify for a reasonable accommodation?  If we make a reasonable accommodation is he still required to grow only the limited number of plants outlined in the ORS?  Or can he grow as many as he wants?  Can we require that the plants be grown in the back of the space?”

 

 

Phil Querin Q&A: Temporary Occupant and Fair Housing Accommodation

 

Question:  A tenant has asked for her daughter to be on a temporary occupant agreement.  The tenant has recently been in the hospital and has returned home.  She has not said she needs a caregiver at this point in time.  The daughter is 40 years old and has three large dogs.   She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says ‘no’ she will get her attorney.  Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation.  What are the landlord’s rights?  We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter.  At that point, once she has said “disability” or “caregiver” what are the landlord’s rights? Can he say no to the daughter in both circumstances or only in first before the word “disability” or “caregiver” is mentioned?