HB 2634 moves the regulation of Recreational Vehicles out of the Manufactured Dwelling/Floating Homes portion of the ORLTA (ORS 90.505 – 90.850) and into the residential dwelling portion (ORS 90.100 – 90.465). ORS 90.505 – 90.850 now only applies to situations where the tenant owns a manufactured home or floating home, rents the space on which the manufactured or floating home is located, and that rented space is located inside a facility (manufactured housing park or marina).
All Recreational Vehicles are now subject to ORS 90.100 – 90.465. The bill begins by defining “Recreational Vehicle Park” amending ORS 90.100 (38) (Definitions) to reference the existing definition of a recreational vehicle park in ORS 197.492.
ORS 197.492 (3)“Recreational vehicle park”:
(a) Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose:
(A) The renting of space and related facilities for a charge or fee; or
(B) The provision of space for free in connection with securing the patronage of a person.
(b) Does not mean:
(A) An area designated only for picnicking or overnight camping; or
(B) A manufactured dwelling park or mobile home park.
The ORLTA only applies to Recreational Vehicles and Recreational Vehicle Parks that are used for full time dwellings, and not those RVs used for camping or vacation purposes. HB 2634 further amends the definition of “Vacation Occupancy” (now ORS 90.100(52)) to exempt certain types of vacation-only rentals from the ORLTA. With regard to RV rentals, “vacation occupancy” is defined as follows:
ORS 90.100(52) “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that: […]
(b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:
(A) The occupant rents the unit for vacation purposes only, not as a principal residence;
(B) The occupant has a principal residence other than at the space;
(C) The period of authorized occupancy does not exceed 90 days;
(D) The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and
(E) A written agreement is signed by the occupant that substantially states: “Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS chapter 90).”
The Bill also makes slight changes to ORS 90.425 (Disposition of Personal Property Abandoned by Tenant). Under the ORLTA, when attempting to dispose of an abandoned recreational vehicle, the landlord must provide notice to the tenant. In return, the former-tenant now has 5 days, with personal service, or 8 days with service by first class mail, to contact the landlord and make arrangements for the disposal of the abandoned RV. The prior law required a 45-day notice period.
Additionally, the Bill now allows a landlord to destroy or dispose of a presumably abandoned recreational vehicle if the current market value is determined to be less than $4,000. A landlord may also choose to use the procedure for removing an abandoned motor vehicle under ORS 98.830 to remove an abandoned RV.
The rules outlined above apply only to residential tenancies or vacation occupancy entered into on or after January 1, 2024, the effective date of this law.
