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Legislative Update: Tenant Protection and Inclusionary Zoning Move Forward

Since the last MHCO Legislative Update" last week there has been significant progress in moving the "inclusionary zoning" bill (SB 1533) and the "tenant protection" bill (HB 4143).  

 

No hostile amendments have been added to either bill.  At one point the Port of Portland objected to HB 4143 - turns out they have some RV property - but the amendment we had already added in committee sufficed and the bill moved forward.  

 

Both of these bills as well as two land use/housing affordability are moving forward as well.  We are in very good shape - somewhat remarkable given the of the media last autumn.  This is the last full week of the 2016 Oregon Legislative Session.

 

Here are two articles from the "Oregonian" that might be of interest.  Remember - the "tenant protection" bill and "inclusionary zoning" do not have an impact on MHC's.

 

http://www.oregonlive.com/politics/index.ssf/2016/02/housing_crisis_inclusionary_zo.html#incart_email

 

http://www.oregonlive.com/politics/index.ssf/2016/02/which_bills_are_alive_and_dead.html#incart_email

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Legislative Update - Major Legislation Moves Forward - First Hearing of Portland Lawsuit

Good morning.  This has been a very busy week in the Oregon Legislature as we head into the home stretch of the 2016 Oregon Legislative Session.

 

The Renter Protection" bill (HB 4143) passed out of the Oregon House on Tuesday and is now in the Senate Rules Committee.  It is scheduled for a 'work session' this afternoon and will likely pass on to the full Senate for a vote later this week.  This legislative proposal will have a minimal impact on manufactured home communities in Oregon.  MHCO has worked very hard to keep the angst over the Portland housing crisis away from the manufactured home industry.  By all accounts we have been successful.  This bill also has no rent control.

 

The 'inclusionary zoning' bill (SB 1533) passed out of the Senate Committee on Tuesday as well.  This bill is the result of some intense bargaining with the final amendments to the bill being drafted and adopted this past Tuesday.  MHCO was very concerned that this is where we would face a rent control challenge.  Our main concern was the elimination of the pre-emption of rent control in ORS 91.225.  The new amendments do not impact our rent control pre-emption.  

 

There are two other bills addressing affordable housing that will be up for consideration.  The bills encourage government entities to take into account opening up more land for affordable housing and annexing (HB 4079 and SB 1573). 

 

Here is a link to a recent "Oregonian" article on the passage of the renter protection bill (HB 4143).  Click:

 

http://www.oregonlive.com/politics/index.ssf/2016/02/house_approves_ren…

 

Finally

Phil Querin Q&A - Rent Tenders and Non Payment of Rent Evictions

Question: We have a situation at our park that we have never encountered. We have been dealing with a resident who has certain complaints against management, and finally withheld his rent. We just issued a 72-hour notice to him, and after expiration of the 72 hours (plus three days, since we'd mailed the notice to him), we filed an eviction against him in court. He got an attorney, filed a number of counterclaims against us, and tendered the month's rent into court. What do we do?