MHCO Legal Counsel

Phil Querin Q&A - Resident Leaves but Returns Requesting Temp Occupant Status

Question: A former tenant who signed over his mobile but left the Park with almost $4,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor's home. Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I'm afraid he will say he will be serving as a care giver for the current tenant. What can I do?

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?

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