Answer: First, it must be noted that since tenants are not “owners,” and therefore, the caselaw and statutes that might apply to the latter do not necessarily apply to tenants in manufactured housing communities where the Spaces are rented.
On the national level, while landlords won roughly two of every three cases in 2023, the most significant fair housing case of the year was a landlord loss. It involved what is rapidly becoming a major source of fair housing litigation, namely, source of income discrimination, which occurs when a landlord excludes an applicant or tenant who has the money to pay rent because of where that money comes from.
Although source of income isn’t a protected class under the FHA, the contention is that excluding recipients of child support, Section 8 vouchers, unemployment benefits, veterans benefits, etc., has a disparate and discriminatory impact on the disabled and people of certain races, national origins, etc., who disproportionately rely on these sources of income.
Rebekah Near is the owner and CEO of a Tenant and Employment screening company in the Northwest.
Every day in my office at Orca information, Inc. I overhear my Background Investigators talking on their phones with rental or employment applicants. Often the conversation is centered around Adverse Action - usually a denial of tenancy or employment, a landlord or employer has taken against them. What is the first question my Background Investigators ask the applicant who has called in for help from Orca? “Have you received your Adverse Action letter from the landlord?” Concernedly, more often than not, the applicants tell us, “No, I have not yet received the Adverse Action letter from my Landlord (or employer).”
Next question for the Applicant asked by my Background Investigator is, “How did you find out you were denied tenancy (or employment)?” Answer is usually, “The Landlord called me and told me I do not qualify and if I want to know why, call Orca.” Or, another common answer we hear from an Applicant is, “The Landlord called me and told me I do not qualify because of past evictions. So, I am calling you to find out why exactly I was denied.”
A question to you the reader: Does the above scenario resonate with you? Do you have written policies in place for your staff specifically for taking Adverse Action against an applicant? THERE ARE LAWS that clearly define the process of taking Adverse Action. When those laws are not followed, it opens you up to expensive lawsuits. I don’t know about you but I vehemently dislike lawsuits.
For the sake of keeping each article short and sweet, I will write several explaining step by step - how to take Adverse Action towards an Applicant. This includes a denial of tenancy. For now, keep in mind that the FIRST step in taking Adverse Action is to find the document your screening company is required to provide. It is titled, CONSUMER RIGHTS. Then fill in the lines reflecting reasons why the applicant did not qualify for the rental or manufactured home and get it to them quickly. Following up with a call or emailing them is great too! But this CONSUMER RIGHTS letter should be the FIRST INFORMATION THEY RECEIVE ANNOUNCING THEIR (POTENTIAL) DISQUALIFICATION.
……to be continued
Rebekah Near is the owner and CEO of a Tenant and Employment screening company in the Northwest. Orca Information, Inc was established in 1993. Check out our FREE training videos at www.orcainformation.com We take great pride in deep diving into court records, and cross-referencing documents to find possible discrepancies in information applicants provide. We blend the new information technologies and the old, little-known investigative techniques to discover if an applicant has been “naughty or nice” therefore doing our part to help you protect your assets! Rebekah Near is not an attorney and the above is not legal advice. Seek an attorney for legal advice regarding all information and/or forms before utilizing.
Rebekah Near
800-341-0022
Rebekah Near is the owner and CEO of a Tenant and Employment screening company in the Northwest.
Question: My tenant wants to add another person to their Rental Agreement. This new person has completed their application and has been approved. Do I add them to the existing rental agreement? I plan a rent increase in six months; will that be a problem for me with this new tenant?
Answer: There is no need to create a new rental agreement unless there is a good reason. A “good reason” might be because the existing rental agreement is old and outdated.
Editor's Note: MHCO is working on developing a new form - addendum - to meet the new requirements set forth in SB1069. We hope to have the new form uploaded to MHCO.ORG later next month.
SB1069 modifies portions of the Oregon Landlord Tenant Law to permit the transmission of certain kinds of written notice by electronic mail (“email”). After a landlord and tenant have entered into a written rental agreement, the parties may sign an addendum permitting the service of written notices by email. This addendum must be signed afterthe original rental agreement and after the tenant has begun occupying the premises.
The email addendum must include:
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS
REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
Email Service of Termination Notice. Even if the parties agree to email service of written notices as outlined above, landlord and tenant must serve any written termination notices by both email and first-class mail.
Miscellaneous.
ORS 90.160 is amended to specify that notices containing a number of days (e.g. a 10-day notice), counting of the required days begins the day after service of the notice and concludes at 11:59 pm on the last day of the period. However, for notices requiring a certain number of hours, counting of the consecutive hours is to commence immediately upon service. For notices to terminate by 11:59 pm, the day of service is counted from the time of first-class mail and attachment (if allowed under the rental agreement for both landlord and tenant) or first-class mail and email (if allowed under the addendum).
Electronic Return of Funds: After the tenancy begins and the tenant has occupied the premises, the landlord and tenant may agree to an addendum allowing the landlord to electronically return a security deposit, prepaid rent, or the appropriate portion of either to the tenant’s preferred bank account or financial institution. The required written accounting for the security deposit and/or prepaid rent may be returned to the tenant via email if the tenant has executed an email notice addendum as described above.
If a landlord must make repayment of rent to a tenant to avoid waiver under ORS 90.412 or ORS 90.414, the landlord may make that repayment in person, by first class mail, or electronically if allowed by addendum. Rent repayment going to any other non-tenant payor must be made personally or by first class mail.
Nonpayment of Rent. After a nonpayment notice a tenant’s payment will be considered timely if mailed within the notice period, unless the tenant has received their nonpayment notice in person, by first-class mail and attachment, or by first-class mail and email.
Editor's Note: MHCO is working on developing a new form - addendum - to meet the new requirements set forth in SB1069.
Question: What are the limitations on late fees?