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Clarifying Procedures to Ensure Proper Fair Housing Documentation

 

Issue: Time constraints may lead to insufficient documentation of interactions with prospects and residents, increasing the risk of discrimination claims. Establishing clear standard procedures that incorporate documentation requirements can help staff consistently avoid this issue.

Not all fair housing-related decisions are straightforward. Even when staff members make the correct decision, prospects or residents may contest it by filing a discrimination claim.

QUESTIONS AND ANSWERS FAIR HOUSING MISCELLANY ASSISTANCE ANIMALS AND DISPARATE IMPACT ISSUES (2026)

 

Caveat: The following answers are based upon my legal alchemy brewed from experience, my understanding of Oregon statutory and case law, and practical considerations balancing the costs of litigation vs. the benefits of a reasonable solution. Members should consult with their own alchemists.

 

Be sure to review MHCO’s recent legal article on favorable developments in the federal Fair Housing laws, as they are relied upon in the answers below.

 

Question 1:  A resident has brought a large Labrador retriever into our community. It is over the weight/size limits allowed under our Rules.  The resident claims it is an assistance animal and is asking for a reasonable accommodation.  Do I have to allow the dog as an assistance animal?

 

 

QUESTIONS AND ANSWERS FAIR HOUSING MISCELLANY ASSISTANCE ANIMALS AND DISPARATE IMPACT ISSUES (2026)

 

Caveat: The following answers are based upon my legal alchemy brewed from experience, my understanding of Oregon statutory and case law, and practical considerations balancing the costs of litigation vs. the benefits of a reasonable solution. Members should consult with their own alchemists.

 

Be sure to review MHCO’s recent legal article on favorable developments in the federal Fair Housing laws, as they are relied upon in the answers below.

 

Question 1:  A resident has brought a large Labrador retriever into our community. It is over the weight/size limits allowed under our Rules.  The resident claims it is an assistance animal and is asking for a reasonable accommodation.  Do I have to allow the dog as an assistance animal?

 

 

Answer: This is a typical scenario. You are entitled to ask for verification, and you should unless the need is already apparent. MHCO has forms for the tenant application and landlord agreement (if approved). You should use them!

Phil Querin Article: Changes to Federal Assistance Animal Rules Disparate Impact Laws

 

On January 28, 2020 HUD issued FHEO[1]-2020-01 (“the 2020 Regulation”). The Subject was: “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act.” On September 17, 2025 the 2020 Regulation was officially withdrawn via a memorandum from the FHEO as part of a broader deregulatory effort under the Department of Governmental Efficiency (“DOGE”) rules.

 

 

Phil Querin Article: Changes to Federal Assistance Animal Rules Disparate Impact Laws

 

On January 28, 2020 HUD issued FHEO[1]-2020-01 (“the 2020 Regulation”). The Subject was: “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act.” On September 17, 2025 the 2020 Regulation was officially withdrawn via a memorandum from the FHEO as part of a broader deregulatory effort under the Department of Governmental Efficiency (“DOGE”) rules.

 

 

What Did FHEO-2020-01 Do?

OHCS Web Site to Check Your Mandatory Training Status

Oregon Housing and Community Services (OHCS) has updated the latest training status by Manufactured Home Community on their website. 

If you have questions on when you last attended a training seminar to meet the Oregon's Mandatory Management Training Requirement go to:   https://appsprod.hcs.oregon.gov/MDPCRParks/TrainingQuery.jsp

MHCO provides OHCS with a list of attendees at the end of each 4 hour seminar or at the end of the 4 part seminar "Legal Briefs'.  Attendees are responsible for checking to make sure their training is current.  

If you have questions about the information in the OHCS database, please contact OHCS directly at 503-986-2145 or via email: hcs.mmcrc@hcs.oregon.gov

MHCO does NOT maintain a database of attendees.  

Phil Querin Article: Oregon Legislature Changes Eviction Process to Include Squatters

 

Effective January 1, 2026, Oregon House Bill 3522 (HB 3522) went into effect. It streamlines the legal process for property owners and landlords removing squatters. It now allows them to be evicted under Oregon’s FED law[1] which had been reserved for the removal of tenants.

Phil Querin Article: Oregon Legislature Changes Eviction Process to Include Squatters

 

Effective January 1, 2026, Oregon House Bill 3522 (HB 3522) went into effect. It streamlines the legal process for property owners and landlords removing squatters. It now allows them to be evicted under Oregon’s FED law[1] which had been reserved for the removal of tenants.

A squatter is a person occupying a dwelling unit, or any other portion of the property, and using it for dwelling purposes, “who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.” A squatter does not include “holdover tenants,” i.e., persons occupying under a lease or rental agreement who hold over after their term expires.

IMPORTANT NOTICE RE FILING OF NONPAYMENT EVICTIONS IN 2026

 

By

Phillip C. Querin, QUERIN LAW, LLC

MHCO Legal Counsel

 

Update. The Oregon Judicial Department is responsible for drafting the Rental Assistance Notice for tenants facing a nonpayment eviction. It is required to be included with:

  • Notices of nonpayment evictions issued by landlord; and
  • Eviction summonses which accompany the landlord’s nonpayment complaint after the case is filed in court.

 

Effective January 1, 2026, the new Rental Assistance Notice (“New Form”) replaces the previous  2025 Rental Assistance Notice (“Old Form”). The failure to attach the New Form may result in a dismissal of the eviction complaint by the Court - meaning landlord will have to start the eviction process over again and may have to pay tenant’s prevailing attorney fees for the dismissal.

 

Applicable Statutes. See: ORS 90.395 (Required delivery of notice of rental assistance and support services before termination for nonpayment) and ORS 105.136 (Form of notice to tenants regarding rental and eviction assistance).

 

What Has Changed For 2026?  Previously, the Old Form was much shorter; the tenant information was only referenced as being available in different languages. Commencing on January 1, 2026, the text in the New Form sets out the required tenant information verbatim in six (6) different languages.  It is a much longer form.

 

MHCO Forms Affected.  Commencing in 2026 the New Form will accompany the following MHCO nonpayment forms:

  • The 10-day Notice of Nonpayment of Rent (MHCO Form 82A);
  • The 30-day Notice for nonpayment of unpaid fees, utilities, etc. (MHCO Forms 43 and 205); and
  • The 3-Strikes Notice (MHCO Form 43D).

 

The New Form will also be included as a “free-standing” form with its own number (to be determined). If not already included by the attorney or person responsible for filing the eviction complaint, the New Form should be included with the summons for any eviction based on a 10-day notice for nonpayment of rent, a 3-strikes notice, or a 30-day notice for unpaid fees, utilities, etc.

 

MHCO Form 111 is a separate form used to accompany the New Form in those cases in which a member wishes to include it with a notice for another nonpayment breach by tenant that is not otherwise covered by the above-referenced MHCO forms.[1]

 

[1] Landlords should consider consulting legal counsel before using, since some events do not constitute a “non- payment.” For example, tenant’s failure to pay for damage to the premises is not a “nonpayment.” See, ORS 90.395(2).