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Americans With Disabilities Claims (ADA) - Is There a Target on Your Back?

American With Disabilities Claims (ADA) - Is There a Target on Your Back? By: John Pentecost, a partner with Hart, King & Coldren On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"), The Americans with Disabilities Act Accessibility Guidelines (the 1991 Regulations"") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities and established the minimum requirements for ""accessibility"" for disabled persons in buildings and facilities and in transportation vehicles. After more than twenty years

Application Process (Part 5 of 6) Statement of Policy - Resident Files

Statement of PolicyAll Oregon manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. While a Statement of Policy is not technically a contract, it is an important document. A tenant or rental applicant who makes their decisions or changes their position in reliance upon the policies set forth in the statement may be entitled to hold the landlord to those written policies. As proof of delivery of the Statement of Policy to tenants or applicants, it is advised to get a signed receipt.A landlord who intentionally and deliberately fails to provide a Statement of Policy as required by ORS 90.510, or delivers a legally defective one, may be subject to a lawsuit. All of the items that must be addressed in the Statement of Policy are found in ORS 90.510. The Statement of Policy is required to include the following information in summary form:(a) The location and approximate size of the space to be rented.(b) The federal fair housing age classification and present zoning that affect the use of the rented space.(c) The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent history must, at a minimum, show the rent amounts on January 1 of each of the five preceding calendar years or during the length of the landlord's ownership, leasing or subleasing of the facility, whichever period is shorter.(d) All personal property, services and facilities to be provided by the landlord.(e) All installation charges imposed by the landlord and installation fees imposed by government agencies.(f) The facility policy regarding rental agreement termination including but not limited to closure of the facility.(g) The facility policy regarding facility sale.(h) The facility policy regarding informal dispute resolution.(i) Utilities and services available, the person furnishing them and the person responsible for payment.(j) If a tenants' association exists for the facility, a one-page summary about the tenants' association that shall be provided to the landlord by the tenants' association and shall be attached to the statement of policy.(k) Any facility policy regarding the removal of a manufactured dwelling, including a statement that removal may impact the market value of a dwelling.Resident FilesBefore any tenant moves into your community the tenant's file should contain the following information:1. Completed Application2. Signed Rental Agreement. (Resident is to receive a copy)3. Signed Rules and Regulations (Resident is to receive a copy) 4. Signed Statement of Policy including Rent History Addendum. (Tenant is to have received a copy of the Statement of Policy prior to signing rental agreement.)5. Copy of Homeowner's insurance policy with community named as an interested party (for the purpose of being notified of cancellation of insurance. (This is for pets only.)6. Credit check results7. Rental check results8. Criminal check results9. Application screening fee receipt10. Pet Agreement - Identify type of pet, name, size. You might consider taking a picture of the pet to include in your file in case you need to identify the pet in the future. Resident must sign the pet agreement. (Resident is to receive a copy)11. Proof of Age if 55 and older community (photo ID, driver's license)12. RV Storage Agreement. Identify type of RV (i.e. boat, camper, trailer, etc.) and include license number and description of recreational vehicle. (Resident is to receive a copy)13. Any and all notices/correspondence between landlord/manager and resident

The Truth About Publicly Subsidized "Resident Owned" Communities - Resident and Community Financial Ruin

Introduction and Key IssuesManufactured homes are often clustered into manufactured home communities and in many areas of the country these communities have long faced considerable economic and regulatory impediments that can make expanding the supply of affordable housing more difficult for manufactured homes than for other types of housing. Resident-ownership of manufactured housing communities, or cooperatives (Co-Ops")

Phil Querin Q&A: Resident Builds Carport - Sells Home - New Owner Wants to Take Home and Carport

Question: I have a resident who was given permission to build a permanent carport. Most all of the carports in my park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport. Building it this way, in my opinion, made it part of the real property. I was there when construction started but was absent when it was completed. What now complicates matters is that he recently decided to sell the manufactured home, including the carport. This would not have been an issue had the buyer is now planned on moving the home. I believe that since the carport is now permanently affixed to the ground, it cannot be sold as personal property along with the home. He also attached the carport to the manufactured home which may complicate things, as well. What are my rights here?

Phil Querin Q&A: Resident Builds Carport - Sells Home - New Owner Wants to Take Home and Carport

Question: I have a resident who was given permission to build a permanent carport. Most all of the carports in my park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport. Building it this way, in my opinion, made it part of the real property. I was there when construction started but was absent when it was completed. What now complicates matters is that he recently decided to sell the manufactured home, including the carport. This would not have been an issue had the buyer is now planned on moving the home. I believe that since the carport is now permanently affixed to the ground, it cannot be sold as personal property along with the home. He also attached the carport to the manufactured home which may complicate things, as well. What are my rights here?

Phil Querin Q&A: Boyfriend on Temp Occupant Agreement - What happens after they break up

Question: A tenant has her boyfriend living in her home under a MHCO Occupancy Agreement. We put him under the Occupancy Agreement instead of permitting to become a tenant because his background check was sketchy. They both work and they alternate paying the monthly rent. Generally they do not create problems in the community and stay mostly by themselves. However, recently the tenant and boyfriend broker up, but the tenant moved out leaving her boyfriend to continue paying the rent. How do I get the boyfriend out?

Phil Querin Q&A: Boyfriend on Temp Occupant Agreement - What happens after they break up

Question: A tenant has her boyfriend living in her home under a MHCO Occupancy Agreement. We put him under the Occupancy Agreement instead of permitting to become a tenant because his background check was sketchy. They both work and they alternate paying the monthly rent. Generally they do not create problems in the community and stay mostly by themselves. However, recently the tenant and boyfriend broker up, but the tenant moved out leaving her boyfriend to continue paying the rent. How do I get the boyfriend out?

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