MHCO Legal Counsel

Question No. 1. Our community recently had a rule that permitted street parking from 7:00 AM to 10:00 PM). The rule was changed and now prohibits any street parking at any time. The reason for the new rule was due to the narrowness of the streets which prevented emergency vehicles clear access. The rule change passed with no objections. Since the adoption of the new rule we have had a handful of residents and their guests who refuse to follow the new policy and a few residents who have hinted that they need a reasonable accommodation.

The first reasonable accommodation request is from a resident who says it "inconvenient" for herself and her caretaker(s) to shuffle cars in the driveway. The driveway accommodates two vehicles. The resident has one car and the caretakers and they must park end-to-end. Since the caretakers alternate shifts, there are only two vehicles in the driveway at the same time.

One caretakers seems to abide by the rules but the other will not. The caretaker who refuses to follow the rule says she is handicapped and has a handicap parking permit. She says we must allow her to park on the street. Are we required to provide on-street parking spot for a nonresident, handicapped or not? If there are two spots available in the resident's driveway can they refuse to park in the driveway just because they don't want to move vehicles and say that's a reasonable accommodation?

Question No. 2. The other potential request for an accommodation is from a resident who only has room for one vehicle in her driveway because she installed a handicap ramp that took away her second parking spot. The resident parks in the driveway and the caretaker parks on the street in front of the house because it is more "convenient" than using the guest parking which is a little walk away.

If this resident requests a reasonable accommodation for her caretaker or herself to park on the street do we have to designate another street parking spot?

It seems like both these requests are for the benefit of the caretakers not the residents. Do we have to accommodate the non-resident caretakers, handicapped or not, because it's requested?

Q: After filing a 72-hour notice for nonpayment of rent, the landlord obtained a judgement of restitution by default, since the tenant failed to appear in court. The tenant has now abandoned the home. Is it necessary for the landlord to have the sheriff issue a writ of execution at the home?

Oregon Rent Increase Laws In Manufactured Housing Communities

Question No. 1. >If a resident in a manufactured housing community is on a two-year lease, when may the landlord increase rent?

Question: We recently received an application from a prospective purchaser of a home. Everything appears to be in order concerning the applicant's financial capacity, except their references have never responded. I don't know why and am concerned about approving the applicant without more reference information. What can I do?

Question: A landlord recently informed the residents of the manufactured home community that they will no longer accept applications of new residents. The landlord has stated that the residents may place the homes on the market for sale, but the park will not accept any applications. Can the landlord do this?

Question.  I spoke with someone recently who informed me that Federal Law (i.e. the Fair Credit Reporting Act) prohibits criminal background checks beyond seven years.  Yet I am concerned that with some crimes, e.g. child molestation, it would be important to know if there were any convictions, not just those within the last seven years.  It also appears that HUD seems to be saying the same thing.  I am getting mixed information on this issue. Can you help clarify?

Q: A resident was having difficulty in selling their home in a manufactured home community. The resident was eventually transferred to California, and the landlord decided to be cooperative and allow the resident's niece to move in to the home until it was sold. The landlord had the niece filled out a complete application and did a background check. The landlord accepted the application, but did not send an acceptance or denial letter to the resident. The landlord also did not have the niece sign a rental agreement. Now 14 months later the home has still not been sold and the former resident's niece is still living in the home. The niece has been late on numerous occasions in paying rent, does not maintain the home and has an illegal dog (over the 20 lb limit). The landlord wants to take action, but the niece claims that he cannot take any action because there is no signed rental agreement. What can the landlord do at this point as far as sending 72 hour notices for late payment, notices for maintenance and notices for the illegal dog? What did the landlord do wrong in the application process?

Question.   Last week’s torrential rain caused significant riverbank erosion in our Park and has threatened a home.  What are the landlord’s rights and responsibilities in this situation?  The home will likely have to be moved.  Who pays and what are the timelines, responsibilities and liabilities? Should we accept rent during this time? What if the tenants walk away - abandonment apply under these circumstances?

Question. My first question deals with ORS 90.533 which provides:

90.533 Conversion of billing method for garbage collection and disposal. (1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from a method described in ORS 90.532 (1)(b) to a method in which the service provider:

(a) Supplies garbage receptacles;

(b) Collects and disposes of garbage; and

(c)(A) Bills the tenant directly; or

(B) Bills the landlord, who then bills the tenant based upon the number and size of the receptacles used by the tenant.

(2) A landlord shall give a tenant not less than 180 days' written notice before converting a billing method under subsection (1) of this section.

(3) If the cost of garbage service was included in the rent before the conversion of a billing method under subsection (1) of this section, the landlord shall reduce the tenant's rent upon the first billing of the tenant under the new billing method. The rent reduction may not be less than an amount reasonably comparable to the amount of rent previously allocated for garbage collection and disposal costs averaged over at least the preceding year. Before the conversion occurs, the landlord shall provide the tenant with written documentation from the service provider showing the landlord's cost for the garbage collection and disposal service provided to the facility during at least the preceding year.

(4) A landlord may not convert a billing method under subsection (1) of this section less than one year after giving notice of a rent increase, unless the rent increase is an automatic increase provided for in a fixed term rental agreement entered into one year or more before the conversion.

I do not understand Subsection (4). Does it mean we cannot give a 90-day rent increase after the 180-day notice of pass-through has taken affect? Or can I still give my 90-day notice of rent increase to bring the rent back up once the trash has been separated from the base rent?

Question. What does a landlord do when two warring parties want to sign the same storage agreement? The home is in probate and the separate parties each believe the court will award them the home. The title is lost. Who signs the storage agreement?