MHCO Note:  Rent in arrears has become a large problem for community owners as we move out of the COVID-19 crisis.  There has been a lot of media on executive orders banning evictions for nonpayment of rent and grace periods for residents who are falling behind in their rent payments.  There has been less attention paid to the resources that are available for residents and community owners.  Here is some information from Oregon Housing and Community Services and an example of from Lane County on the type of services currently available.  The STARR program has access by county and can be very helpful for tapping local resources.  Please make sure that your residents are aware of these programs – the resident needs to apply but the check typically goes direct to the community owner.  There is nothing in Oregon statute that prevents you from providing this information to your residents - you just cannot be threatening ('if you don't apply I am going to evict you').  You might find these programs provide some ‘breathing room’ as we wait for the Landlord Compensation Fund to get back up and running.

One of the most frequently asked questions on the MHCO Landlord/Manager hot line or seminars is assistance animals.  Here are five questions and answers to help provide some guidance.

A tree that was never known by anyone including the tenant, or the landlord, to be considered a “hazard tree” prior to a windstorm, later falls and does no damage.  This tree was neither planted by the current tenant, nor the community.[1]  

Question No. 1. Given that there was no negligence by anyone, is the damage done by the windstorm considered an Act of God?

Question No. 2. With the tree now uprooted and lying on the ground, does it now present a hazard or meet the definition of a “hazard tree” thereby shifting the obligation to “maintain” a hazard tree to the Landlord?

Question No. 3. Does maintaining a tree include tree removal?

Question No. 4. Who is legally responsible to pay the expenses associated with the disposal of the tree?

The last thing you or your residents would ever want is to have murderers, rapists, drug dealers, arsonists, and other dangerous criminals in your community. And because “criminals” aren’t among the people that fair housing laws protect, it’s okay to refuse to rent to persons who have a record of committing these crimes.

Right?

Wrong! Denying housing to a person on the basis of a criminal record potentially is a form of illegal discrimination. But since the fair housing laws don’t expressly say this, too many owners and property managers fail to recognize the existence of this liability risk, let alone take steps to manage it.

So, this month’s fair housing lesson deals with the thorny and frequently misunderstood issue of criminal record discrimination in the rental process. First, we’ll explain the legal basis for holding owners liable for a form of discrimination that the fair housing laws don’t even mention. We’ll then set out eight rules to help you carry out criminal background screening of rental applicants, regardless of whether the housing property is private, government-assisted, or public, without committing discrimination.  

One of the advantages of being a lawyer at Davis Wright Tremaine, is we have lots of different lawyers with many different areas of expertise. To answer the questions below, I enlisted the help of my colleague Jim Oliver, who is a lawyer with substantial experience in the insurance industry. As with all of these articles, the following should not be construed as legal advice and no attorney-client relationship is created. If you have specific legal questions or concerns, please reach out to your attorney.

Question:  In reviewing MHCO Form 42, the new 10-day notice, which replaces the old 72-hour notice, we’re told not to use it without consulting an attorney to determine if the Moratorium is still in effect. Isn’t it still in effect until 7/1/2021?

Editor's Note:  The revised Form 42 notice and Forms 110 and 111 are ATTACHED to Phil's article under "Community Updates".  The forms are not uploaded under "Forms".  

Pet Rent

Question:  Is it permissible to charge a tenant rent for their pet? 

By Jamie Goldberg | The Oregonian/OregonLive

Democrats in the Oregon Senate remain divided on a proposal that would extend the state’s residential eviction moratorium. That leaves Oregonians who have struggled with their rent during the pandemic in a state of uncertainty less than four weeks before the current moratorium expires on Dec. 31.

Members of the Oregon House have been circulating a proposal that would extend the eviction moratorium through the end of June for renters facing financial hardship and create a new fund for landlords whose tenants have fallen behind on rent.

Question:  We have a couple living in a nice RV in our park on a month-to-month rental agreement.  They have been here for about two years, are retired, and have never had trouble paying the rent.  To make a long story short, we refused their rent earlier this year in January, February and March until we resolved a dispute with them regarding their dogs.  When we asked them to pay that rent, they refused because by then the statewide COVID-19 eviction moratorium had gone into effect.  Can we evict them for not paying pre-COVID rent that they still owe?