MHCO Legal Counsel

Phil Querin Q&A: Dealing with Unpaid Rents Today

 

Question:  We had a resident that we entered into a stipulated judgment agreement with on March 6, 2020.  This was prior to tenants having the ability to claim financial hardship or having the Moratorium in place. They paid 2 payments but stopped paying the terms of the agreement as well as not paying their current rent payments. Are they protected under the financial hardship provisions of the Moratorium? Are we required to send them the Declaration of Financial Hardship? Can we file an Affidavit of Non-compliance due to the resident not complying with the stipulated agreement? 

 

 

 

Phil Querin Q&A: Use of MHCO Form 42 (10-day Notice for Nonpayment of Rent)

 

Question:  In reviewing MHCO Form 42, the new 10-day notice, which replaces the old 72-hour notice, we’re told not to use it without consulting an attorney to determine if the Moratorium is still in effect. Isn’t it still in effect until 7/1/2021?

Editor's Note:  The revised Form 42 notice and Forms 110 and 111 are ATTACHED to Phil's article under "Community Updates".  The forms are not uploaded under "Forms".  


 

 

Oregon Chief Justice Order Extending Certain Time Periods For FEDs

 

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.

 

Phil Querin Q&A: Resident Violates Rules with Multiple Pets

Question: It has recently come to our attention that a tenant is in violation of our two-pet policy, as she has admitted that she has 4 small dogs living in her home.  When we speak with her through her door, the smell of dog urine is overwhelming. We have mailed her a letter explaining that this is rules violation and asked that she remove two of the pets by a certain date.  Our letter warned that if she failed to comply, she would be sent a 30-Day Notice to Vacate. 

 

She stated she would keep the two extra dogs and claim them as service animal. This week she gave us a letter from her nurse practitioner stating she needed the pets for a medical condition. What are our options? We would like to serve her a 30 Day Notice to Vacate for Cause (violating our 2 pet policy). However, she has been speaking with advocacy groups that tell her we have no right to make her get rid of the two “service animals.” 

 

We feel that it is our responsibility as landlords to consistently enforce our community rules, but also don't want to get dragged into costly litigation just to lose in the end due to federal regulations of some kind. 

 

Phil Querin Q&A: Rental Application, Social Security Number and Fair Housing Laws

 

Question:  We require that the application for residency in our manufactured housing community be completely filled out - including Social Security numbers.  We require two pieces of identification - one may be a social security card.  However, my understanding is that you cannot use a social security card for identification.  Is that true? 

 

We have had some real estate brokers object and tell us that it is against law do deny a person occupancy because they do not have a social security number.  Some applicants have an ITIN (individual taxpayer identification number).  

 

The screening company has said they cannot do a credit check with ITIN - they need a social security number.  

 

So, my questions are: (a) Is it illegal to requirea social security number; and (b) would it be a violation of the Fair Housing Laws to deny an applicant because they do not have a social security number?

 

 

 

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