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Querin Law

Phil Querin Q&A: Rules Changes in Manufactured Housing Communities

Phil Querin Questions & Answers
Phil Querin

Answer: Both approaches are incorrect, as they do not comply with 90.610and 90.155for proper rule changes. This is exceeding risky, since, in my opinion, it creates the potential tenant argument that not being effectively enacted means the new rule is not enforceable.

Phil Querin Q&A: Section 8 Resident Non Payment of Rent

Phil Querin Questions & Answers
Phil Querin

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

Phil Querin Questions & Answers
Phil Querin

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: Late Rent Payment Agreements and Bounced Checks

Phil Querin Questions & Answers
Phil Querin

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: Good Resident - Bad Family

Phil Querin Questions & Answers
Phil Querin

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: Assistance" Animals - When Do They Become A Ruse?"

Phil Querin Questions & Answers
Phil Querin

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