MHCO Article Topics
Querin Law
Phil Querin Q&A: Section 8 Resident Non Payment of Rent
Answer: It is unclear to me whether your complaint is with the housing authority running the voucher program or the tenant using the program.
I do not recommend you refusing to allow Section 8 housing applicants. ORS 59A.421 (Discrimination in selling, renting or leasing real property prohibited) provides:
Phil Querin Q&A: Common Area Pass-Throughs
Answer: Interestingly, the current submetering statutes do not have a protocol dealing solely with passing through utilities for common area, separately from that for spaces. In other words, at the time of submetering the spaces, you could do it using the prorate method you describe, in which case it would be preceded by a 180-day notice.
Phil Querin Q&A: Family Feud After Resident Dies
Answer: Wow! Too bad Jerry Springer no longer has a show. They could just fight it out in front of a live audience.
Phil Querin Q&A: Late Rent Payment Agreements and Bounced Checks
Answer: Making an accommodation like this without a writing is an invitation to problems. You can easily enter into an addendum to the Rental Agreement saying that "Rent will be paid by the 11thof the month, and late after the 15th"(i.e. 4 days per statute).
Phil Querin Q&A: Issuance of Form 55 to Repaint Home
Answer: By way of refresher, ORS 90.630 pertains to curable maintenance/appearance violations relating to residents' spaces.
Phil Querin Q&A: Good Resident - Bad Family
Answer: My first question is, are these guests showing up at the invitation of your resident? Secondly, are they creating any disruption, or bothering the neighbors? Have neighbors complained, either to the resident or management?
Phil Querin Q&A: Issuing Trespass Notices To Community Visitors
Answer: Your question does not mention any activity by this visitor that could be considered disruptive to current residents (e.g. under the peaceful enjoyment statute, ORS 90.740(4)(j)), threatening, or a violation of any laws, rules, or ordinances.
Phil Querin Q&A: Assistance" Animals - When Do They Become A Ruse?"
Answer: Disclaimer: Certain folks, especially those of the regulatory bent, will likely disagree with my answer. The reason stems, I believe, from one of four sources: (a) Rigid (some might say “stubborn” or “dogmatic”) adherence to a law or regulation, regardless of how illogical and silly it may be; (b) A belief that everyone is a victim, and deserves to pamp
Phil Querin Q&A: Death of Tenant in Community Owned Home Disposal of Personal Property
Answer: First, remember that if the resident who is occupying the home is NOT the owner of the home, the manufactured housing section of the Oregon landlord-tenant law (ORS 90.505 et seq.) does NOT apply. This means that the applicable law is that which applies to tenants in apartments and single family homes.
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