Oregon

Phil Querin Q&A: Utility or Service Charge Payments

Question. To assess a tenant for a utility or service charge for any billing period using the billing method described in ORS 90.532 (1)(b)(C)(ii) or (c) of this section, I understand that the landlord is to give the tenant a written notice stating the amount of the utility or service charge they are to pay and the due date for making the payment. According to the statute, the due date may not be less than 14 days from the date of service of the notice. The amount of the charge is determined according to ORS 90.534 or 90.536. If the rental agreement allows delivery of notice of a utility or service charge by electronic means, for purposes of this subsection, written notice includes a communication that is transmitted in a manner that is electronic, as defined in ORS 84.004.

 

My problem is that rent is due seven days from the first of the month, yet the due date for utility charges cannot be less than 14 days. Any recommendations on how to reconcile this?

 

 

Portland City Council Extend Renter Protection and 'Housing Emergency' Policies

MHCO.ORG Note:  Pressure continues to build to provide more renter rights and legalize some form of rent control or rent justification.  Portland City Council's action this afternoon is yet another precursor of more to come in the Oregon Legislature.  Stay tuned - this issue is not going away anytime soon.

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Phil Querin Q&A: Accepting Rent From Non-Tenant Occupants

Question:  When can a manager refuse payment by check? If the name on the check does not match the resident’s name can (or should) the check be refused?  Should there be a park rule to back this up? If the manager refuses payment because of the name on the check and asks for a money order or cash, does that have to be in the rules? All of this stems from the concern of unauthorized residents becoming tenants simply because a manager accepts a check for space rent when they are not an approved tenant.
 

 

MHCO Legislative Summary: Payment to Residents When Parks Close; Notices Upon Transfer; and Manufactured Dwelling Cooperatives

 

Payments to Residents Upon Park Closure. This bill amends ORS 90.645 (Closure of Manufactured Dwelling Park) by increasing the required amount payable to residents as follows:

 

  • From $5,000 to $6000 if the manufactured  dwelling  is  a  single-wide;
  • From $7,000 to $8,000 if the manufactured dwelling is a double-wide; and
  • From $9,000 to $10,000 if the manufactured dwelling is a triple-wide or larger;

 

The Office of Manufactured Dwelling Park Community Relations of the Housing and Community Services Department is charged with establishing by administrative rule a process to annually recalculate these figures “to reflect inflation.” 

 

Comment:  Without being involved with this legislation it is hard to know why a generally accepted and reliable index or set of indices was not identified. As the administrative rule takes place, we should watch to see what develops. All hearing and rulemaking notices are filed through the online filing system: http://sos.oregon.gov/archives/Pages/fileonline.aspx. To expedite the rulemaking process, agencies are encouraged to file a Notice of Proposed Rulemaking Hearing specifying the hearing date, time and location, and to submit their filings early in the submission period. All notices and rules must be filed by the 15th of the month to be included in the next month's Oregon Bulletin and OAR Compilation postings.

 

 

Phil Querin Article and Analysis - New Laws on Disrepair & Deterioration - New MHCO Form 55

 

 

Introduction. This bill is an attempt to deal with issues that had arisen between residents in some Oregon communities and their landlord regarding the physical condition of their homes. The result is a change to ORS 90.632 (disrepair and deterioration) which contains more detail than previously, but is nevertheless manageable.

 

By way of refresher, ORS 90.630 pertains to curable maintenance/appearance violations relating to residents’ spaces.  However, if the violation relates to the physical condition of the home’s exterior, ORS 90.632 applies, to address repair and/or remediation that can take more time to cure, either due to the weather, the amount or complexity of the work, or availability of qualified workers.

 

As a result, SB 277A, which became law on June 14, 2017 (“Effective Date”), will apply: (a) To rental agreements for fixed term tenancies – i.e. leases – entered into or renewed on or after the Effective Date; and, (b) To rental agreements for periodic tenancies – i.e. month-to-month tenancies – in effect on or after the Effective Date.

 

MHCO has significantly changed its current form No. 55 to address the changes in the new law. The major issue going forward is for managers and landlords to be able to recognize when to use Form No. 55 to address disrepair and deterioration conditions, versus Form No. 43C, which is appropriate for violations relating to maintenance and appearance of the space.

 

Phil Querin Q&A - Death of Resident and an Uncooperative Estate

Question:  A resident living alone passed away.  It took some time for the estate to get underway because they had to search for heirs.  An heir was located and was appointed as Administrator to act on behalf of the estate. 

 

Shortly after the resident’s passing, we began requesting that a Storage Agreement be signed but the estate was hesitant to do so until the Administrator was appointed.  After the appointment the Administrator was initially cooperative, but unexpectedly changed his mind and is now threatening to bring all of the past due rent current, and then, out of spite, tear the home down while still on the space.  Presumably, after doing so, we would expect the Administrator to cease all further space rental payments.  How should we handle this?

 

 

 

Phil Querin Article - Elderly Residents Who Leave the Community

 

In communities with elderly tenants, landlords are frequently confronted with the question “How do I deal with their home and their care providers when they leave, and with their estates?”

 

Most of the answers can be found in the abandonment statute, ORS 90.675.  The underlying premise to remember in addressing all of these issues, is that if the resident leaves the community without properly disposing of their home, the landlord has no choice but to deal with it as an abandonment.