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

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")

Charlie Kamerman

PO Box 69

Eagle Creek, OR 97022

(503) 655-0888

Screening Fees and Notice (See, ORS 90.295)A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement. This activity is known as screening, and includes but is not limited to checking references and obtaining a consumer credit report or tenant screening report. The landlord must provide the applicant with a receipt for any applicant screening charge.The amount of any applicant screening charge shall not be greater than the landlord's average actual cost of screening applicants. Actual costs may include the cost of using a tenant screening company or a consumer credit reporting agency, and may include the reasonable value of any time spent by the landlord or the landlord's agents in otherwise obtaining information on applicants. In any case, the applicant screening charge may not be greater than the customary amount charged by tenant screening companies or consumer credit reporting agencies for a comparable level of screening.A landlord may not require payment of an applicant screening charge unless prior to accepting the payment the landlord:o Adopts written screening or admission criteria;o Gives written notice to the applicant of:o The amount of the applicant screening charge;o The landlord's screening or admission criteria;o The process that the landlord typically will follow in screening the applicant, including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references; ando The applicant's rights to dispute the accuracy of any information provided to the landlord by a screening company or credit reporting agency;o Gives actual notice to the applicant of an estimate, made to the best of the landlord's ability at that time, of the approximate number of rental units of the type, and in the area, sought by the applicant that are, or within a reasonable future time will be, available to rent from that landlord. The estimate shall include the approximate number of applications previously accepted and remaining under consideration for those units. (A good faith error by a landlord in making an estimate under this paragraph does not provide grounds for a claim against the landlord.)o Gives written notice to the applicant of the amount of rent the landlord will charge and the deposits the landlord will require, subject to change in the rent or deposits by agreement of the landlord and the tenant before entering into a rental agreement.Regardless of whether a landlord requires payment of an applicant screening charge, if a landlord denies an application for a rental agreement by an applicant and that denial is based in whole or in part on a tenant screening company or consumer credit reporting agency report on that applicant, the landlord shall give the applicant actual notice of that fact at the same time that the landlord notifies the applicant of the denial. Unless written notice of the name and address of the screening company or credit reporting agency has previously been given, the landlord shall promptly give written notice to the applicant of the name and address of the company or agency that provided the report upon which the denial is based.A landlord may give to an applicant a copy of that applicant's consumer report, as defined in the Fair Credit Reporting Act.Unless the applicant agrees otherwise in writing, a landlord may not require payment of an applicant screening charge when the landlord knows or should know that no rental spaces are available at that time or will be available within a reasonable future time.If a landlord requires payment of an applicant screening charge but fills the vacant rental unit before screening the applicant or does not conduct a screening of the applicant for any reason, the landlord must refund the applicant screening charge to the applicant within a reasonable time.The applicant may recover from the landlord twice the amount of any applicant screening charge paid, plus $150, if:o The landlord fails to comply with this section and does not within a reasonable time accept the applicant's application for a rental agreement; orThe landlord does not conduct a screening of the applicant for any reason and fails to refund an applicant screening charge to the applicant within a reasonable time.

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Purchaser of Existing Manufactured Home in the ParkWhen any existing resident intends to sell their manufactured home the resident must do the following:1. Give the landlord a written 10-day notice of their intent to sell their manufactured home. (Note: The 10 days will run parallel with the 7 day application process - i.e. if the resident notifies the landlord of intent to sell the home and does not give the 10 day notice, then the application process time to approve or reject can take nor more 10 days - rather than 7 days. If you want more time, insert the longer time on the MHCO Application form and have the prospective resident sign it.)2. The existing resident must advise the prospective purchaser that they have to fill out an application with the landlord and be approved.3. Do not move anyone into the manufactured home that has not been approved through the tenant screening and approval process and signed all necessary documents, including the rental agreement.If you are aware of a sale and do not have the purchaser fill out an application, or fail to advise the seller and prospective purchaser in writing that the application has been rejected within the applicable period of time (seven days, tens days or longer, as discussed above) after they fill out the application, then the purchaser can move into the mobile home under the same condition of the rental agreement of the seller. Basically, they assume the existing rental agreement you have with the current resident who is the seller of the manufactured home.If a prospective tenant refuses to provide you with the necessary information for you to qualify them, then it is an automatic denial of the applicant.It is important that an application is filled out and you check out the person carefully. You should check them out the same as you do any prospective resident. You do not have to approve the person just because they are buying an existing home in the park. If they have a bad credit or rental history, they can be refused as a prospective tenant. This does not necessarily kill the sale of the mobile home. They can still purchase the home, they just cannot keep it in the park. You need to provide a written rejection to both the seller and prospective purchaser. You need to advise them why they were not accepted. If you denied them for credit reasons, give the applicant the name and phone number of the company who provided you with the report. Advise the applicant that they can call them if they have any questions regarding the report. If a resident sells their home and the new owner of the home has not filled out an application prior to moving into the home, you do not need to accept them as a resident. You have no contract with them and you can request them to remove the home from the park. DO NOT ALLOW PROSPECTIVE TENANTS TO MOVE IN BEFORE THE SCREENING PROCESS HAS BEEN COMPLETED, AND THE APPLICANT HAS BEEN APPROVED AND SIGNED, AND RECEIPTED FOR THE STATEMENT OF POLICY, RULES AND REGULATIONS AND RENTAL AGREEMENT. DO NOT ACCEPT RENT FROM ANYONE THAT YOU HAVE NOT APPROVED TO LIVE IN THAT HOME. If you accept rent before you qualify them then you may have established them as a tenant. Simply tell them that you cannot accept the rent until they fill out an application and are accepted by the landlord. DO NOT HAVE ANYONE SIGN A RENTAL AGREEMENT UNTIL YOU HAVE RUN CREDIT, RENTAL AND CRIMINAL CHECKS ON THEM AND THEY HAVE BEEN ACCEPTED.

Acceptable Reasons for Refusing an ApplicantAfter the application has been filled out, if you see that it is not complete return it. If you see something that may result in immediate disqualification such as a recent felony conviction that violates your published screening criteria, s, discuss it with the individual right away. If the prospective resident insists that you process the application then do so. However, in general, be very careful about rendering, in advance, any opinions about acceptance or rejection, since it could be used against you as evidence of discrimination if the applicant is the member of a protected class. Under normal circumstances you will be justified in refusing an applicant if he or she:o Cannot provide identification. You should always ask to see a driver's license or military ID and social security card to verify the application.o Will not furnish references from a previous landlord.o Has pets and your policy firmly forbids pets.o Has a history of property destruction.o Has bad credit and/or several unpaid debts.o Has a criminal record that may jeopardize the security/safety of residents.o Has a history of disturbing neighbors or violence.o Does not earn enough to qualify for the rent which you are asking (the month's rent should not exceed one week's take home pay).o Cannot pay one month's rent in advance.o Cannot pay security deposit/fees in advance.o Has several large objects which cannot be stored on the premises.o Plans to use the premises for something other than living purposes (for example operate a business).o Writes the initial check that is not honored at the bank.o Has more than the allowed number of vehicles.o Falsifies information on any form.o Fails to sign the rental agreement.Documents to Provide in Denial of TenancyUnless written notice of the name and address of the screening service or credit reporting agency has previously been given, the landlord shall promptly give written notice (MHCO Form 10) to the applicant. The notice (MHCO Form 10) must include the name and address of the service or agency that provided the report upon which the denial is based. If the denial is based on a credit report then additional information must be provided (MHCO Form 10A). The Fair Credit Reporting Act prevents you from telling an applicant what is on their report, but you must refer them to the credit check source listed on the screening report. Documents Required Upon Acceptance of Residency In order to comply with Oregon Law, and to provide accurate records, there are several forms that are to be completed when the applicant is accepted to become a resident in the community. These forms should be completed after you have reviewed the resident's application, and completed all background checks and tenant screening, but before the resident moves into their home.Copies of the following forms should be given to the new resident:o Copy of signed Rental Agreement signed by both manager and new resident o Copy of Park Rules and Regulations" signed by the new resident o Copy RV Storage Agreement if applicable.o Copy of Pet Agreement if applicableo Copy of "Statement of Policy" (with exhibits) signed by the new residento Copy of Receipt of Statement of PolicyThe following documents should be in the new resident's office file:o Signed "Receipt of Statement of Policy" (signed before signing rental agreement)o Signed Rental Application o Signed Rental Agreement (signed by both manager and new resident)o Park ""Rules and Regulations"" signed by the new residento Statement of Policy (with exhibits) signed by the new residento Emergency Contact Informationo RV Storage Agreement (if applicable)o Pet Agreement (if applicable) signed by the new residento A copy of criminal

Documents Provided To Prospective ResidentsIn addition to the Statement of Policy which includes copies of the rules and rental agreement, you should provide the applicant the following:o Criminal check authorization o Resident applicant screening fee should be acquired prior to accepting the individual as a resident. Application Screening Fee and Receipt" form is to be signed by a manager when applicant's fees are accepted.o The landlord must give written notice of what the tenant screening or consumer credit report entails

Rental Application Procedures -Overview -Rental Application Process -The Rental Application FormOverviewAs a community manager, you will normally be charged with accepting or rejecting prospective residents. This is one of the most important functions that you will perform as a manager of a manufactured home community. Done properly and effectively, the rental application and screening process will minimize potential problems in landlord - resident relations. If the process is done incorrectly the seeds of future problems will be sown. Every prospective resident should be given sufficient information to make an informed decision about living in a manufactured home community. When an individual stops by the manufactured home community office inquiring on the possibility of becoming a resident, always give them an application packet. Anyone who is interested in applying should be given the application packet - inconsistency in giving out application packets could lead to claims by the resident selling the home, or a fair housing violation. If yours is a family park, i.e. accepting all ages, avoid becoming engaged in discussions about the suitability of the community for children. Questions such as Is the park 'child friendly' or similar inquiries