Phil Querin Q&A: Two Questions on Children in Parks


Question 1: If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?


Question 2: If the current rules in a family community appear to be discriminatory towards children -- e.g. they place restrictions that have a discriminatory impact on children or persons with children (e.g. curfew on children, even if it's intended to be for their own safety) can the landlord unilaterally amend the rules, or does he/she need to go through the formal rule change process outlined in the ORS 90.610?




Pools and Summer Reminders: New Liability Claims for Discriminatory Management Guidelines

Summer is here again! And the kids have started their seasonal pilgrim- age to the coolest place in the all- age park, the swimming pool. Each year, there is accidental loss of life in private residential pools. Management is not required to provide lifeguards or medical services. As a mandate of federal law (mirrored in the Fair Employment and Housing Act as well), when it comes to common facilities in all age parks, (pools included), parents and guardians are charged with the discretion and power to supervise. This is not a management function. And now, a new case shows that liability can be sought for internal management guidelines passed along to managers from educational course notes!

Phil Querin Q&A: Thirteen Year Old Boy Grows Up - Resident WIthout a Background Check

Question: A family moves into a manufactured housing community with a thirteen year old boy. Five years later the parents vacate the home but leave the boy who is now eighteen. Even though the eighteen year old was never subject to a background check, never signed a rental agreement etc., is he now a considered a resident?

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