MHCO Legal Counsel

Question: I have a tenant that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th. My question is this: Is domestic violence a recognized defense to non-payment of rent?

Question: Our park does not have individual meters and at this point both the water and sewer on included in the monthly rent charge. Is there a method for billing back the sewer charges (no water) to the residents?

Question: The owner of a manufactured home community discovers that a temporary occupant in his community is stealing electrical power. PGE and the Portland Police have been out to the community and investigated the theft. He is also growing marijuana in the home but has a medical marijuana card. What notices does the landlord serve this household keeping in mind that he is the temporary occupant? Who does the notice go to, the occupant or the resident or both? The resident, who is the occupant's mother, shows no inclination to deal with this problem.

Question. As a park, we would like to purchase new manufactured homes to fill vacant lots. We would purchase them from the manufacturer, set them up, and probably list them through a real estate agent for the marketing. We would not handle the financing, especially under the complicated Dodd-Frank stuff, which would require the prospective purchaser to seek their own means of coming up with the funds to make the purchase. We would not "carry the paper." We assume that the real estate people are either MLO's themselves, or can point a prospective purchaser into the direction of a MLO. At this point, we believe that we have the financial portion on our side figured out, but run into a couple of legal questions that you may be able to help us with.

Today, I contacted the Oregon Division of Finance & Corporate Securities asking what type of Manufactured Structures Dealer ("MSD") license we would need to purchase new homes from a dealer and resell them within our park. He explained that the Limited MSD license would suffice. I told him that I had read that the limited MSD license authorized the selling of no more than 10 pre-owned manufactured structures during a calendar year, and that my understanding is only abandoned structures and dwellings purchased by the licensee and sited at the licensee's park at the time of sale fit under the LMSD license. I asked him if the sale of the structure "sited in the park" meant that when the park owner re-sold the unit the home was required to be sited in the park, or when the park owner purchased the home from the manufacturer the home needed to be already within the park. He told me that that was a good question that no one had asked before but still felt that a LMSD license would be okay.

Upon further checking I see that a MSD (not a Limited MSD) allows a business holding that license to sell new and used manufactured structures. Our questions are as follows:
ۢ What type of a Manufactured Structure License would we need to sell new homes that we have purchased from a dealership or manufacturer?
ۢ Can we as park even hold a MSD License?
ۢ Would our idea of placing the marketing of the home into the hands of a real estate agent release us from having to become or hire an independent MLO?

Question: The Clackamas County tax assessor just called seeking a list of the tenants and their mailing addresses in my park. The purpose is to track down people who might be late on taxes as they are getting returned mail. Apparently they have called 15 park owners so far seeking this information. I do not know if I am violating any confidentiality or privacy rights of my tenants by providing such information. Please let me know if it is OK to send them the information. Park owners and members of MHCO in the county might have the same question. Thank you.

Question: A tree limb fell through a resident's roof. I told him what I believed the recently enacted state law was, but don't know if I was thorough enough. Under the old law, tree maintenance was the tenants' responsibility -- period; regardless of whether the landlord or tenant planted and regardless of size. The resident says I should make the space safe. I told him to take it up with the City of Portland as I wanted to take the tree out when I first developed the property and they said I had to keep the tree. I told the resident hat my policy had been to split the tree removal cost with the resident and he agreed. What are my rights here?

Question: I have been investigating the process and costs involved with installing submeters at my 180-space community and converting to a 'submeter billing method'. At the same time as the submeter conversion, I want begin billing for common area fees and utility bills under a 'pro rata billing method'. As far as I understand, that scenario is covered in the statutes. Here is my dilemma: The local municipality doesn't charge much of anything for actual water usage...it ends up only being about $6 per month/per space to pay for all water usage in the community. The way the city gets their money is by constantly adding and increasing 'utility fees' like storm drain, public safety, etc. After running my numbers, I am beginning to question why I even want to go to the expense of installing water meters at all, because if it just ends up raising the monthly out-of-pocket cost for my senior residents, and even If they reduce their water usage significantly, they will only be able to realistically save a dollar or two per month. What I would like to do instead is just begin a 'pro rata billing method' for my community electricity, garbage, natural gas and city utility fees. I would obviously offset their rent amount commensurate with the previous 12 months' total bills. What I cannot figure out after reading the statutes is this: Can I begin a pro rata billing method for the above mentioned items, with 180 days' written notice, WITHOUT converting to a submeter billing method at the same time?

Question: We have some questions regarding common area billing for the water sub-meters that we're installing. I understand that under certain circumstances, there is an "offset" we can take against the total rent reductions we are required to give residents for the common areas. How does all that work?

Question: At my park we would like to offer the park-owned carports for sale to the residents for $1. I am under the impression that if we require this of all residents that we would have to give a rent reduction equivalent to the value of the carports. Is this true? And if this is a voluntary program (i.e. the residents can buy them if they want and then turn them into enclosed garages), would a rent reduction still be required?

Question: I just read the information regarding House Bill 2639, which addresses source of income and states that a person may not, because of race, color, religion, sex, sexual orientation, national origin, marital status, familial status, or source of income, refuse to sell, lease or rent any real property to a prospective renter/lessee. The bill states that "Source of Income" now includes federal rent subsidy payments under Section 8 and any other local, state or federal housing assistance. I have always refused to accept any applicant who does not have sufficient income to pay the rent. My policy is that a renter can pay no-more than 33% of their income for housing. Does BILL 2638 mean that I must now rent to Section 8 applicants or anyone who is received rent subsidy payments?