MHCO Article Topics
By: Phillip C. Querin, MHCO Legal Counsel
The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted. Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:
WHY SHOULD YOU CARE SO MUCH ABOUT R&Rs: ASSET VALUE - Firstly, a SIGNIFICANT part of your community's real estate value is based on how well Residents adhere to the R&Rs which YOU as an Owner/Manager must enforce!
Answer: Your park is private property and you may legally prohibit the use of all marijuana based on federal law, which still makes marijuana illegal. In addition, Oregon's new marijuana law (Measure 91) specifically includes a provision prohibiting its application to any state or federal law pertaining to landlord-tenant matters.
How Age-Restrictive Rules Can Violate the Fair Housing Act: Lessons From the Plaza Mobile Estates Case
The Plaza Mobile Estates Case
In 1988, Congress amended the Fair Housing Act (FHA) to prohibit not just discrimination on the basis of race, color, sex, religion, disability, or national origin, but also included familial status discrimination. Familial status is defined as " one or more individuals (who have not attained the age of 18 years) being domiciled with ...
Because, while Oregon permits the medical use of marijuana, the Federal Controlled Substances Act, 21 U.S.C. _ 801, et seq., says that it is illegal to manufacture, distribute, and possess marijuana, even when state law authorizes its use. Furthermore, federal law supersedes state law where there is a direct conflict between them.
Answer: The statute you are referring to is 90.302, and it provides the following: • A landlord may charge a tenant a fee for each occurrence of the following: o A late rent payment; o A dishonored check; o Removal or tampering with a properly functioning smoke alarm,smoke detector or carbon monoxide alarm; o The violation of a written pet agreement or of a rule relating to pets in a facility;
Answer: This situation is not directly addressed in the Oregon manufactured housing laws. First, some general observations: The manufactured housing side of the landlord-tenant law regards the "space" as the "premises." For example, a resident in an apartment may not, without landlord permission, intentionally make major structural changes to the interior of the premises.
Readers of my article will note that my focus was primarily on the federal laws. This was because during my research, I was directed by the Oregon Health Authority (here) to the federal HUD website.