MHCO's 2014-15 Legislative "Wish List"

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This week the Manufactured Home Community Landlord-Tenant Coalition. Below are some of the issues MHCO is putting forward as our "Legislative Wish List" for the upcoming Oregon Legislative Session in 2015. Many of these concepts will not become Oregon Law or will take several Legislative Sessions to work thru the process - but this is where it starts.

1. Change ORS 90.675 (14) (c) to allow county tax collector to cancel all unpaid property taxes when the landlord purchases the home through the abandonment sale. Current Law: Landlord’s who bid at the auction of a home with a tax assessor determined fair market value in excess of $8,000, should plan on paying the unpaid property taxes if they acquire the home at the sale, since those taxes will not be cancelled.

2. Clarify that any home removed or destroyed in a manufactured home community can be replaced with an equivalent new or used home with no interference by state or local jurisdictions. This includes no new or additional infrastructure improvements, system development charges and fees.
3. Allow manufactured home communities that provide well water to charge for water usage via water sub-metering.
4. Local jurisdictions must charge landlord the lesser of either commercial or residential rates for the master meter consumption, following the installation and operation of water sub-meters. (more of a Tenant issue, but shows ‘we care’)

5. Provide Landlord “First Right of Refusal” on tenant home sales, written in the rental agreement – identical to Tenants right of refusal to purchase the park

6. Exclude charges due under a rental or lease agreement from being “waivable”.

7. Exempt Landlords from all past due tax liability of abandoned homes.

8. Make 90.600 5a clear that the Committee of 7 must designate and inform community management who the Committee has selected as the “spokesperson”, and whoever they designate is the only member permitted to offer management written or verbal communication outside of the up to 2 annual committee meetings with management. Secondly, require the election of the Committee of 7 to be “certified”.

9. Provide landlord the right to line item veto failed rules and regulations proposed. Tenants must specify rule changes they oppose and support.

10 .Provide Landlord unilateral amendment of park rules and regulations of changes required by statute.

11. Revisit subsequent sale and/or forced removal

12. Uninsurable Homes -- permit Landlords "subsequent sale"

13. Revoke rule writing for OHCS – consider prohibiting.

14. Live-in Care Providers -- consider Washington RCW59.20.145: A tenant in a mobile home park may share his or her mobile home, manufactured home, or park model with any person over eighteen years of age, if that person is providing live-in home health care or live-in hospice care to the tenant under an approved plan of treatment ordered by the tenant's physician. The live-in care provider is not considered a tenant of the park and shall have no rights of tenancy in the park. Any agreement between the tenant and the live-in care provider does not change the terms and conditions of the rental agreement between the landlord and the tenant. The live-in care provider shall comply with the rules of the mobile home park, the rental agreement, and this chapter. The landlord may not charge a guest fee for the live-in care provider. It could also be the same as California law, but should include a written and approved treatment plan, and the expected duration.

15. Landlord receives one-year property tax exemption, the year following installation and operation of water sub-meters.

16. Change 60 day notice of default on “Storage Agreement” for lien-holders to 30 days.