Question: How does a landlord deal with a Tenant who refuses to repair a water leak under their home? Can the landlord do the work and charge the Tenant?

Later this week, the Oregon House Committee on Housing and Homelessness will introduce an amendment to HB3054 (Rent Control & Vacancy Control). The committee is expected to adopt this amendment later in April. MHCO has been negotiating with Rep Marsh (Committee Chair), but no agreement was reached as negotiations ended several weeks ago. 

The amendment to be introduced removes ‘vacancy control’ and increases the rent cap to 6% (the original bill limited rent increases to CPI). The new amendment also exempts communities/marinas with 30 or less units. MHCO is waiting to review the actual amendment and will provide further analysis once the actual language is available.

In the meantime, here is a summary of the amendment:

1. Applies only to the tenancies of the homeowners of manufactured dwellings and floating homes who rent a space in parks and marinas, known collectively as facilities.

2.      Lowers the maximum allowed annual rent increase to 6 percent from the current level of 7 percent plus CPI capped at 10 percent (SB 608 (2019)). 

a.       Parks and marinas with 30 or fewer spaces are exempted from this lower maximum and continue to be covered by the current level.

3.      Exception: Landlords of facilities with more than 30 spaces may increase the rent once every five years to 12 percent to address a significant infrastructure repair, upgrade, or addition cost, with the approval of the homeowners of at least 51 percent of the occupied spaces. 

a.       The bill describes requirements for this written vote including a written proposal with estimated costs and time frame, and with a recapture penalty if the improvement is not completed.

4.      Clarifies that a landlord may not require a selling tenant or a purchasing tenant to make aesthetic or cosmetic improvements to the home as a condition of approving a sale.  

a.       Note that an example of an aesthetic improvement would be a change in the paint color of the exterior of the home; peeling or faded paint is already defined as “deterioration,” and the law allows a landlord to require correction during a tenancy or as a condition of a sale. 

5.      Prohibits landlords from requiring selling tenants or purchasers to consent to or obtain an inspection of the interior of the home. 

a.       Note that current law requires a tenant to keep the home “safe from the hazards of fire,” which would include the exterior and the interior of the home. 

MHCO remains opposed to the amendment.

By:  Mark L. Busch, P.C., Attorney at Law

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: We have a person on a vacation occupancy agreement in our RV park (MHCO Form 202).  The end date for the agreement is coming up, but this person says he is not going to move out with his RV and wants us to give him a regular rental agreement.  We don’t want him as a long-term tenant based on his behavior (dog loose, messy RV space, etc.).  Do we have to offer him a rental agreement?  How do we get him out if he refuses to leave?

Question: How does a landlord deal with a Tenant who refuses to maintain their yard? Can the landlord do the work and charge the Tenant?

By:  Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted.  Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:”