Oregon

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?

 

 

 

Multnomah County Jury Awards $20+ Million Tenant Verdict

This article is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

By Mark Busch, Attorney

A Multnomah County jury just awarded an injured tenant over $20 million for injuries the tenant suffered on an apartment walkway that failed. The tenant partially fell through a hole in a concrete walkway that crumbled beneath his footstep. He ended up with injuries to his right leg and right knee that required surgery.

 

Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

 

Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.

My question is this: Is domestic violence a recognized defense to non-payment of rent?