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Phil Querin Q&A - Multiple Question on Water Sub Metering

Questions. My question is in regards to sewer and water pass throughs:

1. Is it still true, that you can pass through utilities?

2. If so, what is a reasonable time for notice?

3. The newer MHCO space rental agreements do have a provision for pass through, however what if a tenant has been in the park for years & there is no provision for pass through on a rental agreement that they signed?

4. I do know of a MHP that does pass through and they send a bifurcated bill- one for utilities and one for space rent. However, most tenants pay with one check or money order. I have a MHP in Southern Oregon and the sewer is a fixed amount, so it would be easy to divide that amount up between the tenants, obviously with a proviso that if the sewer bill increases or decreases we would make an adjustment to the bill.

A MHP that does pass through water and sewer told me that their bill decreased by about 30% because the tenants knew they were now paying for the water and tried to conserve. They knew their bill would be reduced if they used less water. In my Southern Oregon MHP, the sewer is a fixed amount so that incentive would not be there unless the sewer district decreased their bill to the park and I had not intended to pass through water at this time. NOTE: If I metered the park it would be very expensive & I would have to take each tenant to small claims if they didn't pay. Even though it's the same with pass through, the tenants don't get bill separately each month, so it looks different.

 

 

 

Phil Querin Q&A - Multiple Question on Water Sub Metering

Questions. My question is in regards to sewer and water pass throughs:

1. Is it still true, that you can pass through utilities?

2. If so, what is a reasonable time for notice?

3. The newer MHCO space rental agreements do have a provision for pass through, however what if a tenant has been in the park for years & there is no provision for pass through on a rental agreement that they signed?

4. I do know of a MHP that does pass through and they send a bifurcated bill- one for utilities and one for space rent. However, most tenants pay with one check or money order. I have a MHP in Southern Oregon and the sewer is a fixed amount, so it would be easy to divide that amount up between the tenants, obviously with a proviso that if the sewer bill increases or decreases we would make an adjustment to the bill.

A MHP that does pass through water and sewer told me that their bill decreased by about 30% because the tenants knew they were now paying for the water and tried to conserve. They knew their bill would be reduced if they used less water. In my Southern Oregon MHP, the sewer is a fixed amount so that incentive would not be there unless the sewer district decreased their bill to the park and I had not intended to pass through water at this time. NOTE: If I metered the park it would be very expensive & I would have to take each tenant to small claims if they didn't pay. Even though it's the same with pass through, the tenants don't get bill separately each month, so it looks different.

 

 

 

MHCO Legislative Update - 2017 Oregon Legislature Ends - House Speaker Vows To Continue Push for Rent Control

After working through much of the 4th of July weekend and holiday legislators wrapped up their legislative business today. The last bill that MHCO opposed - HB 2004B - did not move out of the Senate. The Senate Rules Committee adopted numerous amendments none of which could get the necessary 16 votes in the Senate to pass. So - no rent control and no changes to 'no cause' eviction. 

These issues (rent control and 'cause eviction') will not be going away and will return in the 2018 'short' legislative session. House Speaker Kotek issued a press release earlier today stating - "We made good progress, but we need to do more to protect renters from staggering rent spikes and no- cause evictions. In 2018, we will push to finish this session's unfinished business on housing ...". The war on Oregon landlords continues ... stay tuned!

All in all a rough legislative session but the end result should please everyone. Our success this session would not have been possible without the active engagement of MHCO members. Thanks to everyone who showed up for Lobby Day in February, sent emails, called legislators, showed up and testified at critical public hearings. Without YOUR INVOLVEMENT we would have faced a very different outcome. The quality and quantity of YOUR INVOLVEMENT made the difference. THANK YOU! 

There were changes to several landlord tenant issues such as disrepair and deterioration. MHCO Forms are currently being reviewd and updated. Phil Querin, MHCO's legal counsel, is preparing a summary of those changes and how they impact the operation of your community. We hope to have that available to MHCO members later this month. We will also be covering those changes extensively at the MHCO Annual Conference in Eugene (October 23-24) - registration will open in early August. 

If you have any questions or concerns or would like to become a member of MHCO with access to over 60 forms tailored to YOUR manufactured home community and a data base of over 200 articles specific to manufactured home communities please call the MCHO office at 503-391-4496.

Montana Landlord Loses Disability Discrimination Lawsuit - Fined $37,000

A federal jury recently returned a $37,343 verdict against a Montana landlord for charging a resident with physical and psychiatric disabilities $1,000 to have a service animal, according to the Justice Department. 

The lawsuit alleged that the owner and manager of rental properties in Bozeman discriminated against a resident with a traumatic brain injury by charging her a $1,000 deposit as a condition for allowing her to keep her service dog, Riley. The DOJ became involved after the tenant filed a complaint with HUD. 

At trial, the resident, her treating therapist, and an independent expert testified that Riley assisted the resident in living with the symptoms of her disabilities, including providing emotional support, helping to predict migraines, and reducing suicidal thoughts. The resident also testified that she repeatedly informed the landlord that charging a deposit for a service animal was illegal, but the landlord continued to levy this charge and, at one point, threatened to evict her. 

The verdict includes $31,000 in compensatory damages and punitive damages for the resident, and $6,000 for a fair housing organization that assisted her with her HUD complaint. 

Persons with disabilities have the right to live in and enjoy their communities