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Phil Querin Q&A: Street Lights - Adding and Maintaining


Questions. We want to add street lighting to a section of our community that has none. The light poles will need to be placed on several of the spaces. Can we install these on the space without resident permission? Is a 24 hour notice sufficient notice? What do you suggest? Secondly, we also want to repair broken street lights that are on a number of resident spaces. Can we go on the space with a 24 hour notice? What if the resident objects?


Phil Querin Q&A: Street Lights - Adding and Maintaining


Questions. We want to add street lighting to a section of our community that has none. The light poles will need to be placed on several of the spaces. Can we install these on the space without resident permission? Is a 24 hour notice sufficient notice? What do you suggest? Secondly, we also want to repair broken street lights that are on a number of resident spaces. Can we go on the space with a 24 hour notice? What if the resident objects?


Sweet Dreams: don't Let Overtime Exemption Issues Become Nightmares

How are you sleeping? Health professionals are increasingly touting the benefits of a good night's sleep for optimal health. Are you sleeping like a baby, secure in the knowledge that your company has carefully analyzed the overtime status of its employees under Oregon law and the federal Fair Labor Standards Act ("FLSA")? Or are you tossing and turning, concerned that with every paycheck issued, your company may be exposing itself to liability for unpaid overtime, penalties and damages, and attorneys' fees? If so, keep reading, and you'll be sleeping through the night in no time.

 

 

 

Sweet Dreams: don't Let Overtime Exemption Issues Become Nightmares

How are you sleeping? Health professionals are increasingly touting the benefits of a good night's sleep for optimal health. Are you sleeping like a baby, secure in the knowledge that your company has carefully analyzed the overtime status of its employees under Oregon law and the federal Fair Labor Standards Act ("FLSA")? Or are you tossing and turning, concerned that with every paycheck issued, your company may be exposing itself to liability for unpaid overtime, penalties and damages, and attorneys' fees? If so, keep reading, and you'll be sleeping through the night in no time.

 

 

 

Phil Querin Q&A - Two Questions on Water Sub Metering

Question No. 1. We are currently in the process of submetering our community and we have been asked a question by the residents that we run into frequently. This scenario refers to the first month of billing, i.e. January 2017: Tenants ask "If we are being billed for utility usage from November 15 -- December 15 and then we pay for usage on our January rent invoice, haven't we already paid for these services in our December rent, i.e. before the effective date of the submetering? If so, it appears that we are paying for it twice.



Phil Querin Q&A - Two Questions on Water Sub Metering

Question No. 1. We are currently in the process of submetering our community and we have been asked a question by the residents that we run into frequently. This scenario refers to the first month of billing, i.e. January 2017: Tenants ask "If we are being billed for utility usage from November 15 -- December 15 and then we pay for usage on our January rent invoice, haven't we already paid for these services in our December rent, i.e. before the effective date of the submetering? If so, it appears that we are paying for it twice.



Oregon House Speaker Announces Major Push for Rent Control in 2017 Legislative Session

Good evening everyone. This story just broke in "The Oregonian" this evening. We have been talking about this since the February 2016 Legislative Session. Clearly this is a brutal reality that we all will be facing in 2017. If you were not concerned - you certainly should be now. In all likelihood we will have a long, vicious legislative fight on our hands. MHCO will definitely be in the trenches and will need all of you to be involved.

By Dana Tims | The Oregonian/OregonLive 
Email the author | Follow on Twitter 
on September 13, 2016 at 12:45 PM, updated September 13, 2016 at 6:38 PM
House Speaker Tina Kotek, signaling fresh urgency for tackling Oregon's housing crisis, said she will push next year to end no-cause evictions, lift the state's ban on rent-control laws and ban all rent increases above a "reasonable" percentage for the foreseeable future. 

Kotek laid out those policy goals in an address Monday night to the Oregon Opportunity Network, a supportive advocacy group that lobbies for affordable housing and renter protections. 

But Kotek, according to a transcript of her remarks, said she fully expects the proposals will spark controversy. 

"Frankly, it means things are going to get uncomfortable," the North Portland Democrat told the gathering of housing advocates. "Discomfort and determination are necessary when dealing with a crisis. We all need to be up to the task." 


Kotek and House Democrats had considered pushing further, before deciding to wait to try policy ideas such as extending notice periods for no-cause lease terminations. 

At the time, Kotek told The Oregonian/OregonLive she was warning lawmakers, "you're coming back in 2017 and we're going to talk about no-cause notices and evictions. We need to level the playing field for tenants." 

She then, she said Monday, things have only gotten worse, both in Portland and across the state. Rents have continued to rise, even as builders add thousands of units to address a longstanding shortage of supply. Demand has further been stoked by affluent workers, some arriving from out of state, willing to pay a premium to rent in high-end buildings. 

"Whole apartment buildings are seeing rents go up by 20 percent, or 30 percent, or more," she said. "Evictions have skyrocketed as some owners make way for new tenants with bigger salaries, or evict entire buildings with plans to renovate and join the luxury apartment market." 

Kotek explicitly called for lifting Oregon's ban on letting local governments pass rent-control ordinances, calling the practice "rent stabilization." 

Rent control is a controversial tool that lets local or state governments impose a price ceiling. 

"We can no longer avoid this discussion," she added. "We need to prevent property owners from making excessive profit and protect tenants from economic eviction and displacement." 

She also promised to fight for a statewide ban on "rent increases above a reasonable percentage until the housing crisis subsides." 

"Frankly, it means things are going to get uncomfortable," House Speaker Tina Kotek said. Kotek's office said the specifics of what constitutes a "reasonable percentage" or how long such a measure might be in effect will continue to be refined between now and the January start of the 2017 legislative session. 

Some immediately took issue with Kotek's housing initiatives, arguing such steps would make it more costly for builders to meet the state's housing demand. 

"It's almost textbook that any form of rent control ultimately harms consumers, as well as landlords," said Eric Fruits, an economist and editor of Portland State University's Center for Real Estate quarterly reports. "It may benefit some in the short term, but in the longer term, there will be fewer units available to rent, which will only make matters worse." 

Instead, Fruits said, the free market should be allowed to work, with higher prices sending signals to developers that more units are needed. 

Affordable-housing advocates disagreed, saying a surge in evictions of lower-income people is serious enough to demand a policy solution. 

"We are seeing signification numbers of folks having to move farther and farther out from the metro area to find affordable housing," said Rev. Joseph Santos-Lyons, executive director of the Asian Pacific American Network of Oregon. "I talked with one member last night who can't even find a place in Gresham. Places long thought to be affordable for renters and first-time buyers are disappearing." 

Santos-Lyons said he'd like to see Kotek's call for a temporary cap on statewide rent increases made permanent. 

"The average family could certainly understand that something like a 3 percent increase would be reasonable," he said. "But as it is, what we're seeing is unfettered speculation." Katrina Holland, interim director of the Community Alliance of Tenants, said her office just learned that rents in one Southwest Portland apartment complex are scheduled to increase by 350 percent. 

"This is clearly something that we need to address," she said. "It's time to act." 
-- Dana Tims 
 

MHCO Announces New Member Benefit - Rental Assistance Program

The members of MHCO now have the benefit of offering their qualified manufactured home community residents a rent subsidy under the Oregon Mobile Home Rental Assistance Program. This brings the participation of this private rent subsidy program to over 500 Oregon manufactured housing communities. The success of the program speaks for itself. In the three years since its inception, this privately funded program has already helped many qualified low-income manufactured home community residents. The subsidy is similar to the government sponsored Section 8 program, for which all needy community residents are also encouraged to apply. However, the waiting list for Section 8 may be years long in some areas. That is where this program fills the void. It provides rent subsidies to qualified very low- income tenants who are on the waiting list for Section 8. The Oregon Rental Assistance Program (Oregon RAP) closely follows the federally funded Section 8 rental assistance program guidelines, using the same very low-income qualification guidelines. Who Pays the Rent Subsidy Provided to the Resident? The manufactured home community owner agrees to provide the monthly rent credit to qualified very low-income park residents. Rent is never decreased or reduced. A rent credit" is given on the rent statement each month. The program guidelines provide that qualified mobile home owners receive a 10% monthly rent subsidy. In rare cases

Phil Querin Q&A - Clean-Up Notices vs. Notices of Termination of Tenancy

Question. What is the difference between a "Maintenance/Clean-Up Notice" (MHCO Form 47) and the other two termination notices (MHCO Form 43 -- "30 Day Notice For Cause Eviction" and MHCO 55 "30 Day Notice to Terminate and Remove Home")? I get confused on which one to use and when. Why do we need difference forms for these violations?