MHCO Article Topics
Answer: In a word “Yes”. Today, the rule of thumb should be that subject to certain exceptions (listed below), you should not summarily reject applicants solely because of prior convictions. I have written and spoken on this issue during 2016.
Answer. Your confusion is understandable, because there are no black and white guidelines. However, attached to this short article is a copy of a publication recently posted on the National Association of Realtors® website.
MHCO has uploaded a revised Form 1 (Resident Application) and a completely new Form 1A. MHCO created the additional form (Form 1A) to accompany the general application (Form 1) to be used if the applicant reports any criminal history. These changes will go a long way in complying with the HUD memo, without unduly burdening landlords and managers.
Answer. ORS 90.630(1)(a) (Termination by landlord; causes; notice; cure; repeated nonpayment of rent) permits you to issue a 30-day termination notice for any of the following if the resident:
Answer: You are correct that ORS 90.630 may only be used to give residents notice of a violation and an opportunity to cure. This is not so say you couldn'tuse a 30-day notice in this case, but the "cure" would be for the resident to stop possessing the meth, which would be highly difficult to verify.
Answer. RS 90.680(6)(b) provides as follows:
Answer: The tenant application process is one of the least understood by landlords and managers. This lack of familiarity can result in significant liability to park owners. Here is a short primer:
Answer: The applicable statute is ORS 90.304. In summary, it provides as follows:
1. If you require an applicant to pay a screening charge and the application is denied (or if the applicant makes a written request following your denial of an application) you must promptly provide the applicant with a written statement of one or more reasons for the denial.
Answer: There are several issues here. One, you've accepted rent from the occupant for the last several months. For all intents and purposes, you have accepted him as a tenant - even though he is not there on a written rental agreement and even though you have no criminal background check on him. Even if your rules prohibit subleasing, that too, has been waived.