Legislative Update - Major Legislation Moves Forward - First Hearing of Portland Lawsuit

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Good morning.  This has been a very busy week in the Oregon Legislature as we head into the home stretch of the 2016 Oregon Legislative Session.


The “Renter Protection” bill (HB 4143) passed out of the Oregon House on Tuesday and is now in the Senate Rules Committee.  It is scheduled for a ‘work session’ this afternoon and will likely pass on to the full Senate for a vote later this week.  This legislative proposal will have a minimal impact on manufactured home communities in Oregon.  MHCO has worked very hard to keep the angst over the Portland housing crisis away from the manufactured home industry.  By all accounts we have been successful.  This bill also has no rent control.


The ‘inclusionary zoning’ bill (SB 1533) passed out of the Senate Committee on Tuesday as well.  This bill is the result of some intense bargaining with the final amendments to the bill being drafted and adopted this past Tuesday.  MHCO was very concerned that this is where we would face a rent control challenge.  Our main concern was the elimination of the pre-emption of rent control in ORS 91.225.  The new amendments do not impact our rent control pre-emption.  


There are two other bills addressing affordable housing that will be up for consideration.  The bills encourage government entities to take into account opening up more land for affordable housing and annexing (HB 4079 and SB 1573). 


Here is a link to a recent “Oregonian” article on the passage of the renter protection bill (HB 4143).  Click:




Finally, we move forward on the lawsuit (MHCO is financially supporting this effort) against the city of Portland this morning with the first hearing in court before Judge Breithaupt.  The judge may rule from the bench or he may take the matter under advisement.  The City Ordinance requires, among other things, that landlords provide 90 days' notice for all rent increases in excess of 5% in any one calendar year.  These include increases with respect to month-to-month tenancies and lease renewals.  If HB 4143 does not pass, we will likely prevail and the City Ordinance sections which provide for 90 day notice for rent increases will likely be struck down as preempted by ORS 91.225.  If the bill passes, the portions of the ordinance that impact other than month-to-month tenancies should also be struck down.  


We will be posting more updates as this legislative session sprints to a close.

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