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MHCO Legal Counsel

Phil Querin Q&A - Home Sells During Abandonment

Phil Querin Questions & Answers
Phil Querin

Answer: [Note: This answer presumes that the landlord has legally declared the abandonment, and following the statute regarding issuance of the 45-day letter. It also presumes that there are no liens on the home, since they would have prior right to determine what happens.]

 

Phil Querin Q&A: Air Conditioners

Phil Querin Questions & Answers
Phil Querin

Answer: I can find nothing in the state statutes specifically regulating the installation of air conditioning units in park homes or privately-owned homes.

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: Pictures of Prospective Tenants

Phil Querin Questions & Answers
Phil Querin

Answer: First, I must ask what is the reason for photos of tenants and occupants? I suspect there may be a legitimate reason, but if you cannot explain it (other than "we've always done it that way") you might consider discontinuing the practice. I do agree that it is premature to get pictures of prospective tenants, etc., until they have been accepted as tenants.

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).