As you may know, over the past couple of years, due to the shortage of rental housing, the State of Oregon and certain municipalities, made changes to the landlord-tenant laws regarding no-cause evictions and rent increases. One of these new laws, ORS 90.323, became effective in 2017 and provided that rent increases could not be made during the first year of a tenancy. This came from a General Landlord – Tenant Coalition, and not the Manufactured Housing Coalition. However, as a result of this law, MHCO Form 49 was changed to comply. This was an error, as manufactured housing tenancies were specifically excluded in the last subsection of the statute. This has been corrected, and the prohibition against raising rent within the first twelve months of a tenancy, has been removed. To date this does not seem to have been an issue, since most park owners do not routinely implement rent increase for their new tenants within the first year of their tenancy.
However, going forward, landlords with park-owned homes should remember that these are essentially subleases, to which the manufactured housing section of the law (ORS 90.505 et seq.) does notapply. This means that tenants renting a park-owned home are subject to the prohibition against increasing rent during the first 12 months of a tenancy. This does not mean the 90-day notice cannot issue during the first year, but that the effective date of the increase cannot go into effect until the 13th month of the tenancy.