Question. I understand that there are certain regulations dealing with our ability to sell formerly abandoned homes. How will this affect me?

Background. On April 4, 2016, the U.S Department of Housing and Urban Development (“HUD”) issued its “Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” (hereinafter, the “Memo”). The full text of the 10-page Memo can be found here. Not surprisingly, it follows the June 25, 2015 ruling by the U. S. Supreme Court, in the Texas Dept. of Housing vs. Inclusive Communities case, which upheld the much-debated concept of “disparate impact” under the Fair Housing Act, as amended (the Act”).  

Oregon landlord-tenant law is complicated.  And mistakes in understanding the law frequently work against landlords.  The basic rule-of-thumb to remember is that the written document which defines the landlord-tenant relationship must be complete and must be followed.  While Oregon law does contain some restrictions upon what landlords can put into their rental agreements,[1] generally, they are far better off commencing the rental relationship with a strong, clear and fair written document.   MHCO has gone to great lengths in making sure that its forms meet these criteria.  What follows is a list of ten tips and traps to remember when using the MHCO Rental Agreement form.

The Oregon Environmental Quality Commission has unanimously approved rules that beef up asbestos surveying requirements for owners of residential buildings or other persons proposing to demolish a residence in Oregon. The rules went into effect Jan. 1, 2016.

Question: I understand that Oregon law governs late fees. Can you summarize it for us?

The Fair Housing Amendments Act (FHAA) went into effect on March 12, 1989.  That Act amended Title VIII of the Civil Rights Act of 1968, which prohibited discrimination based on race, color, religion, sex or national origin in the sale, rental, or financing of residential housing.  The FHAA added two additional protected classes; (1) persons with disabilities and (2) families with children.  Children include persons under the age of 18 years.

Question - A rent increase notice of $20 was sent out last year and became effective October 1, 2015. A resident has refused to pay this increase, and has tendered rent for the pre-increase amount. Can I give her a 72 Hour Notice (MHCO Form 42) for the past six months for not paying the additional $20?

Question - A resident moves out of their house but the daughter continues to pay a storage fee and signed a MHCO Storage Agreement. The home is not being occupied by anyone. All storage fees are current. However, no one is maintaining the yard or outside of the home. This is required under the Storage Agreement, and work needs to be performed immediately. The MHCO storage agreement refers to a three (3) day notice in the event of non-compliance. Does the community owner give a 3-day notice for non-compliance? If so, what happens next if there is no compliance? Does the landlord file an FED? Should the landlord stop accepting storage payment?

Over the years, in selling a lot of parks and reviewing a lot of profit and loss statements, there are several common mistakes owners make that are easy to correct.