2019 Oregon Legislative Final Update - 4 Bills Pass Over the Weekend - Legislature Adjourns

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The 2019 Oregon Legislative Session wrapped up shortly after 5:30 pm yesterday (June 30, 2019). Four significant pieces of legislation passed over the weekend impacting manufactured home communities. The four bills are summarized below. In the weeks to come MHCO will be doing extensive articles on the legislation, forms will be updated and they will be covered extensively at the MHCO Annual Conference in Eugene October 28-29th.



It was a brutal legislative session that will always be remembered for the passage statewide rent control (SB 608). Unconscionable that the majority party leaves opponents 90 - seconds to testify in opposing significant legislation after unlimited time for panel after panel of 'experts' in support. When in power they all do it - Democrat and Republican - not a pretty thing to watch.


MHCO thanks everyone who made the effort to show up at the Capitol, e-mail legislators, call legislators, attended public hearings or attended MHCO 'lobby day' at the Capitol. You help make our voices heard - we are very appreciative of your efforts and they did make a difference. Thank you!


Before we get to the final Legislature Update of the 2019 Legislative Session here are two quotes to remember as we head into the post 2019 Oregon Legislative wilderness:


Senator Shemia Fagan (D-Portland): "For many renters, for many families SB 608 (rent control) does not do enough or does not come soon enough and those voices are important too and I want to lift those up. 'Street Roots' (a weekly alternative newspaper establish in 1998 that is sold by and for the homeless in Portland)in it's editorial on Senate Bill 608 said, "SB 608 is truly the least we can do. So, legislators should pass it so we have a better benchmark and then we expect them to keep fighting." ... and I agree! (Senate floor speech, February 12, 2019).


Representative Julie Fahey (D-West Eugene & Junction City): "This year, Oregon passed SB 608(rent control), an anti-price-gouging measure that will cap rent increases at about 10%. SB 608 will absolutely help mobile home park residents in Oregon, but I worry that 10% is still too highfor seniors on fixed incomes and low-income Oregonians."(April 29, 2019 District Newsletter).



Final 2019 Oregon Legislative Update (7-1-19)



SB 586C Landlord-Tenant Coalition Bill


Covers 5 issues:


1. Floating home tenancies in marinas: Adds floating home tenancies in marinas to the programs provided by the Manufactured Communities Resource Center of the Housing & Community Services Department - which will necessitate changing its name to include a reference to marinas - and requires that marina landlords, like MH park landlords, register with MCRC and get continuing education credits and pay the annual registration fee. It requires that marina tenants, like MH park tenants, pay the $10 annual special assessment (with their property taxes) that supports MCRC. And it makes other, related changes reflecting the special circumstances of marina living.


2. Sub-metering of water: Clarifies and simplifies the process for landlords to recover for the cost of water/sewer/storm water to encourage more landlords to switch to recovery for that cost other than through the rent. And to promote transparency and understanding by tenants, requires a landlord who wants to change the billing method to first meet with tenants and, for switching to sub-meters, to do a three-month trial billing period.


3. Dispute resolution and enforcement: Current law already provides for voluntary mediation of MH park landlord/tenant disputes through MCRC. The bill will allow the parties to invoke mandatory mediation. It provides that a landlord or tenant may require the other party to participate in at least one promptly-scheduled mediation session regarding most disputes -

with some exceptions - involving landlord/tenant law before the filing of an eviction or other lawsuit. Mediations will generally be performed by the existing network of Community Dispute Resolution Centers. Enforcement: The bill also authorizes a four-year pilot program to provide legal representation to tenants - advice, negotiation, litigation - through an OHCSD grant capped at $100,000 per year. An advisory committee will monitor both elements and report to the 2021 and 2023 legislatures. Both the grant and the advisory committee have four year sunsets, 1/1/2024..


4. Termination of tenancies; noncompliance fees: Improves the process for landlords to require cure of separate and distinct violations of a rental agreement, as consistent with law applicable in apartment landlord/tenant law since 2005, and simplifies and clarifies the termination statute language. Allows landlords to better utilize an existing statute regarding noncompliance fees.


5. Maintenance of trees on MH park spaces: Current law already allows landlords to maintain trees on a tenant's space to prevent a tree from becoming hazardous or from causingdamage or injury, after notice to the tenant. The bill requires landlords, in that notice, to specify which, if any, tree that the landlord proposes to remove, in order to minimize mistaken removals.


HB 2164 A


Extends several tax expenditures for six years: manufactured dwelling park capital gain subtraction, manufactured dwelling park closure credit.


HB 2333 C


Allows option to obtain title, but not registration, from Department of Transportation for recreational vehicle qualifying as park model recreational vehicle and meeting other criteria.


Provides that recreational vehicle having title issued by Department of Transportation does not qualify as structure. Requires owner to surrender Department of Transportation title for recreational vehicle if converting recreational vehicle to use as structure. Makes recreational vehicle converted to use as structure subject to state building code. Requires seller of new recreational vehicle to provide purchaser with written information listing specified living area systems. Requires that information state for each listed system whether items or components comprising system are covered by warranty and, if so, extent and length of warranty. Removes recreational vehicle construction from regulation by Department of Consumer and Business Services. Changes definition of "recreational vehicle."


This legislation will clarify the appropriate titling of park models that are quickly becoming an affordable means for providing housing for people throughout the State of Oregon. There is currently no clear path for the titling of these homes from a governing agency. Without the clear ownership documentation, lenders are reluctant to loan on the units so there is no current financing options for prospective owners/residents.


HB 2896 B


Directs Oregon Housing and Community Services (OHCS) to establish a loan program for nonprofit corporations to support the preservation and affordability of manufactured dwelling parks. Specifies loan eligibility and preservation requirements for loan recipients. Requires OHCS to report to the Legislative Assembly each odd-numbered year. Appropriates $3 million from the General Fund for administration and funding of the program. Takes effect on 91st day following adjournment sine die.


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