Oregon

Question No. 1.  Our community recently had a rule that permitted street parking from 7:00 AM to 10:00 PM). The rule was changed and now prohibits any street parking at any time.  The reason for the new rule was due to the narrowness of the streets which prevented emergency vehicles clear access.  The rule change passed with no objections. Since the adoption of the new rule we have had a handful of residents and their guests who refuse to follow the new policy and a few residents who have hinted that they need a reasonable accommodation. 

The first reasonable accommodation request is from a resident who says it “inconvenient” for herself and her caretaker(s) to shuffle cars in the driveway.  The driveway accommodates two vehicles.  The resident has one car and the caretakers and they must park end-to-end.  Since the caretakers alternate shifts, there are only two vehicles in the driveway at the same time. 

One caretakers seems to abide by the rules but the other will not.  The caretaker who refuses to follow the rule says she is handicapped and has a handicap parking permit. She says we must allow her to park on the street.  Are we required to provide on-street parking spot for a nonresident, handicapped or not?  If there are two spots available in the resident’s driveway can they refuse to park in the driveway just because they don’t want to move vehicles and say that’s a reasonable accommodation?

Question No. 2. The other potential request for an accommodation is from a resident who only has room for one vehicle in her driveway because she installed a handicap ramp that took away her second parking spot.  The resident parks in the driveway and the caretaker parks on the street in front of the house because it is more “convenient” than using the guest parking which is a little walk away. 

If this resident requests a reasonable accommodation for her caretaker or herself to park on the street do we have to designate another street parking spot? 

It seems like both these requests are for the benefit of the caretakers not the residents. Do we have to accommodate the non-resident caretakers, handicapped or not, because it’s requested?    

Criminal background checks—always a popular issue.  Of course you can use them to screen prospective applicants, right?  You may be surprised.

The use of criminal background checks in the residential housing rental and lease application process has recently become a hot button issue.  Back on April 4, 2016, the U.S. Department of Housing And Urban Development’s (“HUD”) General Counsel issued a 10-page memorandum on “Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” (“Guidance”). 

Q:        After filing a 72-hour notice for nonpayment of rent, the landlord obtained a judgement of restitution by default, since the tenant failed to appear in court.  The tenant has now abandoned the home.  Is it necessary for the landlord to have the sheriff issue a writ of execution at the home?

Every landlord wants to avoid disputes with tenants.  Disputes can lead to litigation – and litigation is expensive.  There are a few simple things that landlords can do to reduce their risk of a dispute with tenants.

Oregon Rent Increase Laws In Manufactured Housing Communities

Question No. 1.  If a resident in a manufactured housing community is on a two-year lease, when may the landlord increase rent?

Question:  We recently received an application from a prospective purchaser of a home.  Everything appears to be in order concerning the applicant’s financial capacity, except their references have never responded.  I don’t know why and am concerned about approving the applicant without more reference information.  What can I do?

Question:        A landlord recently informed the residents of the manufactured home community that they will no longer accept applications of new residents.  The landlord has stated that the residents may place the homes on the market for sale, but the park will not accept any applications.  Can the landlord do this?

Do you provide housing to your employees?  Do you count all or any part of this housing subsidy toward satisfying the minimum wage?  If so, are you confident that you are in compliance with applicable wage and hour laws?  Here are some pointers to help you stay on track.

Question.  I spoke with someone recently who informed me that Federal Law (i.e. the Fair Credit Reporting Act) prohibits criminal background checks beyond seven years.  Yet I am concerned that with some crimes, e.g. child molestation, it would be important to know if there were any convictions, not just those within the last seven years.  It also appears that HUD seems to be saying the same thing.  I am getting mixed information on this issue. Can you help clarify?