MHCO Legal Counsel

Answer: ORS 90.100 (Definitions) provides as follows:

Answer: RVs are not treated the same as manufactured homes. They are subject to the general landlord-tenant law (as opposed to the manufactured housing side of that law). This means that if an RV tenant is renting the space on a month-to-month basis, you cannot increase the rent during the first year, and after that only with the issuance of a 90-day written notice.

Answer: This isn'tdirectly addressed in the Bill, but since it is the space that is being rented, and the home with tenants have been there three years, I don't view this as a new tenancy.

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.]

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

Screening Criteria

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.

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:

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.

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.