As of July 1, 1992, all manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. Existing tenants who have not previously received a copy of the Statement of Policy and are on month-to-month rental agreements must receive their copy at the time the next 90-day rent increases notice is issued (ORS 90.510(3)(b). All other existing tenants shall receive a copy of the statement of policy upon expiration of their current rental agreement and before signing a new agreement.
While a Statement of Policy is not technically a contract, it is an important document. A tenant or rental applicant who makes their decisions or changes their position in reliance upon the policies set forth in the statement may be entitled to hold the landlord to those written policies. As proof of delivery of the Statement of Policy to tenants or applicants, it is advised to get a signed receipt.
A landlord who intentionally and deliberately fails to provide a Statement of Policy as required by ORS 90.510, or delivers a legally defective one, may be subject to a lawsuit.
The Statement of Policy is required to include the following information in summary form:
- The location and approximate size of the space to be rented.
- The federal fair housing age classification and present zoning that affect the use of the rented space.
- The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent history must, at a minimum, show the rent amounts on January 1 of each of the five preceding calendar years or during the length of the landlord's ownership, leasing or subleasing of the facility, whichever period is shorter.
- All personal property, services and facilities to be provided by the landlord.
- All installation charges imposed by the landlord and installation fees imposed by government agencies.
- The facility policy regarding rental agreement termination including but not limited to closure of the facility.
- The facility policy regarding facility sale.
- The facility policy regarding informal dispute resolution.
- Utilities and services available, the person furnishing them and the person responsible for payment.
- If a tenants' association exists for the facility, a one-page summary about the tenants' association that shall be provided to the landlord by the tenants' association and shall be attached to the statement of policy.
- Any facility policy regarding the removal of a manufactured dwelling, including a statement that removal may impact the market value of a dwelling.