Oregon

Phil Querin Q&A - ADA and Reasonable Accommodation in a Manufactured Home Community

 

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?    

 

2018 Oregon Legislative Session Begins - MHCO Legislative Update

Today the Oregon Legislature convened for a ‘short’ legislative session – lasting 35 days until the first week in March.

 

Legislators have strict limits on the amount of bills they can introduce this year (2 in the House and 1 in the Senate), so we don't expect a lot of proposed hostile legislation. What this means though, is that the bills that are introduced have less competition for attention and have fewer hurdles to passage. 

 

Criminal Background Checks – HUD’s Published Perspective

 

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”). 

 

 

Phil Querin Q&A: Background Checks and the Fed's 7 Year Rule

 

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?