Phil Querin Q&A: Applicant Has Criminal Background Concerned About Accepting as Temporary Occupant

 Question. A guest has applied for temporary occupant status in our park.  He has a lengthy criminal record and we are concerned about approving him as a temporary occupant.  When we informed him, he claimed that he could not be denied because of prior criminal activity from 10 years ago.  He also said that since the community does not require a background checks for ‘guests’ he would stay with different friends throughout the park for 14 days and then move to another friend in the park.  Two questions - can we still deny based on a criminal record from 10 years ago - our screening criteria clearly says we can.  And what do you do if he starts ‘couch surfing’ every 14 days with a different friend in the park?



Conducting Background Checks - Criminal History Selection Criteria Best Practices (Part 2 of 4)


What should you do in light of HUD’s guidance? The first thing to realize is that the HUD guidance isn’t intended only for HUD program housing providers, explained Richer.

Industry experts agree that the guidance provided by HUD applies to all housing providers, not just those receiving federal funding. The best practices are being recommended, so that any housing provider that uses criminal histories in its applicant screening process will consider disparate impact and review its criteria, adjusting as necessary, she said.


Conducting Criminal Background Checks: Further FAQs & Follow-up

 This is the first of four articles on the legal and practical considerations for housing providers when developing a criminal history screening policy.  This is a BIG fair housing issue and one that produces a lot of phone calls to the MHCO Office.

It is very important for all housing providers to review and consider whether your current criminal screening policy should be revised to avoid a successful challenge in a fair housing case based on its disparate impact on minority applicants. “There are fair housing advocacy agencies that are actively searching for companies with simplistic and generalized criminal history policies to challenge. We don’t want your companies to be those test cases,” she said.

In this series of articles, the Coach presents highlights, along with FAQs about complying with fair housing law when screening applicants based on criminal history.


A Disability-Related Companion Dog?


The Facts:

• Your community has a no-pets policy, but a maintenance worker reports that a resident has a pet dog in her unit. 


When questioned, she says she’s disabled and the dog is her companion animal but refuses to provide documentation that she has a disability-related need to keep the dog. 


Soon after informing her that she must remove the dog, you receive notice that she filed a HUD complaint, accusing your community of disability discrimination. 


Dale Strom: A True Opportunity to Purchase A Landlord’s overt offer to Tenants and CASA of Oregon

By:  Dale Strom

This is the sixth and final part of a series of 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.

Phil Querin Q&A: Leaky Water Pipes and Clogged Sewer Lines

Two Questions:

Question A:  We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks. 

The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. 'Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.'

What recourse do we have in this situation?

Question B:  We have a tenant whose sewage line is routinely blocked.  We have had a plumber our numerous times and unclogged resident’s sewage line.  We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line.  Does this constitute grounds for eviction?  At what point is the resident responsible for the sewage line and the items they are putting in the toilet?



Phil Querin Analysis - Senate Bill 970-A Summarized: Evaluation of Applicant, Unreasonable Condition of Tenancy/Occupancy, Subleasing Agreements, Cause of Action

Just over a year ago a story broke on the Sunday front page of 'The Eugene Register Guard' about several elderly residents in a Eugene park who claimed to have been swindled by one or more persons affiliated with the park management.  The community became the topic of discussion in legislative circles and the landlord-tenant coalition.