MHCO Legal Counsel
Phil Querin Q&A - Screening process and requiring valid social security number
Question: I am still unclear on the issue of whether we may insist that all applicants for tenancy produce a valid social security number. Is it legal that we do so?
Phil Querin Q&A - Has the law changed on denying applicants on convictions?
Question. My manager said he heard somewhere that by law a conviction older than three or four years cannot be used as a part of the decision to deny a prospective tenant's rental application. I don't know if that pertains to screening in a rental situation or if it was related to something else, such as employment or the like. Can you shed some light on this?
Phil Querin Observation - Caregivers and Occupancy Agreements
The following is a summary of my conversation with the Fair Housing Council of Oregon on the issue of whether landlords can put caregivers on Temporary Occupancy Agreements, rather than putting them on a Rental Agreement, or not putting them on any written agreement (which leaves in doubt their legal status if the Landlord wants them removed from the Community).
Phil Querin Q&A - Homes on Unstable Ground - Liability?
Question. What if a portion of the community previously had ground instability issues and it was determined to be in a geologically hazardous zone? One or more homes were relocated from their spaces due to this condition, and some were deemed uninhabitable. But then the community owner placed other homes on the vacated spaces in the same unstable area. No disclosures were made to the residents whose homes were placed there.
The community was sold to a new owner, but the hazardous condition was never disclosed to him either. Then, another home began slipping, and was deemed uninhabitable. What liability issues do you see in this scenario?
Phil Querin Q&A: Is there ever a time you can deny a "Reasonable Accommodation" request?
Question. Are there any instances when a [housing] provider can deny a request for a reasonable accommodation without violating the Act?
Phil Querin Q&A - Which is the best method for serving notices?
Question. I understand that there are different methods to serve notices on residents. Which do you believe is the best method?
Phil Querin Q&A - I understand that MHCO has developed a new Assistance Animal Agreement. What was wrong with the old one?
Question. I understand that MHCO has developed a new Assistance Animal Agreement. What was wrong with the old one?
Phil Querin Q&A - Distinguishing Service Animals from Companion Animals
Question. As a follow-up to your prior Q&A about assistance animals, I'm confused as to the distinction between them, "service animals" and "companion animals." Are we, as landlords, required to make a "reasonable accommodation," by allowing all of them? My understanding is that such animals cannot be counted as "pets" in regard to number, size, breed, or anything else as it relates to park Rules and Regulations. The exception being for animals that cause disturbance, injury, or is threating. Please clarify.
Phil Querin Q&A - Licensed Contractors For Repair Work in Community
Question: A landlord recently purchased a manufactured home in his community. He wants to fix the home up and then resell it. Does the landlord have to be a licensed plumber or electrician to do the respective work on the home?
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