This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

The Chief Justice of the Oregon Supreme Court issued a statewide Order yesterday significantly restricting court operations in all counties beginning no later than March 19, 2020. All eviction case 1st appearance hearings and all eviction trials will be automatically postponed and rescheduled by the court through at least March 27, 2020, although subject to extension even beyond that date depending on conditions at the time. For postponed trials, landlords may file a motion with the court requesting that the tenant pay rent into court pending trial, although the court will have discretion on whether to grant any such motion.

The Chief Justice’s Order does not prohibit landlords from issuing eviction notices or filing eviction cases during this period (BUT SEE Multnomah County restrictions below). However, any new eviction cases filed during this time will not be set for a 1st appearance hearing until after March 27, 2020, and likely much longer after that date.

The Order allows each county court to decide for itself which in-person services it must continue to provide to the public. This means that each court has some discretion on whether to allow in-person filings, or to continue issuing Notices of Restitution and Writs of Execution to complete the eviction process on existing eviction cases. Landlords should check with their local circuit court to see if these eviction services will be offered during the shutdown (and check with the county sheriff’s office as well).

Multnomah County today issued a temporary moratorium on all residential evictions based on the nonpayment of rent due to wage loss resulting from COVID-19. To be eligible, an affected tenant must be able to demonstrate with documentation or other objectively verifiable means a “substantial loss of income” resulting from the pandemic and/or government restrictions. The tenant must notify the landlord with this information on or before the day that rent is due to be eligible for rent deferment. The tenant is not relieved from paying rent, but must pay accrued rent to the landlord within six months after expiration of this emergency (and landlords cannot assess late fees).

The Multnomah County moratorium does NOT prohibit landlords from issuing or filing eviction cases on for-cause eviction notices or other lawful (non-rent related) notices during this period. However, all court hearings on eviction proceedings will be suspended until April 30th or later, and the moratorium prohibits the Multnomah County Sheriff’s Office from executing on a currently-pending eviction judgments for nonpayment of rent if it would cause a person to be without housing. The Multnomah County Attorney will be drafting an ordinance that will impose retroactive fines and penalties for violation of the moratorium measures. SINCE THIS IS A FLUID SITUATION, LANDLORDS SHOULD CHECK WITH YOUR LOCAL CIRCUIT COURT AND/OR ATTORNEY BEFORE PROCEEDING ON ANY EVICTION ACTION.

Multnomah County landlords temporarily won’t be able to evict tenants who can’t pay rent due to coronavirus.

County Chair Deborah Kafoury and Portland Mayor Ted Wheeler announced Tuesday that they have signed emergency orders that ban eviction of tenants who fall behind on rent due to coronavirus-related challenges.

They also announced the county will open hundreds of new shelter bedsin public buildings and other spaces for people experiencing homelessness and Portland’s economic development agency will provide $150,000 in grant to aid businesses in Portland’s Jade District along 82nd Avenue. They said city and county government meetings will be held virtually for the time being.

Under the temporary eviction moratoriums, tenants will have up to six months after March 26, when city and county state of emergencies end, to repay any rent they owe, officials said. The moratoriums apply to people whose jobs are shut down, whose work hours are reduced, who miss work to provide child care due to school closures or who are unable to work because they or a relative are sick from the virus.

Tenants will have to provide letters of proof from their employer, school, doctor or other source to verify their hardship. Landlords who don’t comply with the order could be sued and liable for civil damages as well as other sanctions.

“Yes, everyone should pay their rent on time," Kafoury said. "But for people who are losing their wages due to COVID-19 and find themselves unable to pay rent, we want you to be able to stay in your home.”

Kafoury said discussions are underway with the state courts and county sheriff’s office “to make changes that will keep people housed during this emergency.” She did not elaborate on what those changes would be.

On Monday, Multnomah County Circuit Court suspended all eviction hearings and trials that were scheduled through March 27 and indicated they will be rescheduled for after March 30.

Kafoury said the county will continue to offer motel vouchers for some people who are in shelters and hotels and motels will be banned from refusing occupancy to any of them. She also said some of the newly opened beds will provide space for people who show symptoms of coronavirus and allow them to recuperate.

Wheeler said the grant money for small businesses is being made available first to Portland’s Jade District because the shopping and dining district, centered on Southeast 82nd Avenue and Division Street, is home to many Asian business owners, some of whom seen their revenue drop by as much as 60% amid the coronavirus crisis. There are plans to expand the aid to other businesses throughout the city in the future, Wheeler.

Affected business owners should call 311 for more information, he said.

Wheeler said a city task force was created Monday dedicated to coming up with ideas to help ailing small and large Portland employers and employees. A commercial eviction prevention strategy and other financial relief are also in the works and city officials plan to meet with bank authorities to see if aid can be provided for Portland landlords, Wheeler said. He called on Oregon legislators to increase rental assistance programs statewide.

The mayor said he was proud to hear stories from all over the city of people providing meals and other help to one another during the outbreak.

“We’re in this together. You’re not alone,” Wheeler said. “We will get through this and we’ll get through it together.”

On Monday, Home Forward, the Multnomah County housing authority, announced the same moratorium on evictions for its own buildings.

The moratorium doesn’t go far enough, said Margot Black, co-chair of Portland Tenants United and candidate for City Council. She wants total rent forgiveness -- meaning that renters wouldn’t have to pay back the rent they miss during the state of emergency.

“When this recession or depression hits, we’re not going to be able to pay rent for a long time,” Black said. “It’s not like when things get back to normal, whatever that normal looks like, we can carry a six month rent debt with us and figure out a payment plan.”

Protesters interrupted Tuesday press conference to demand that same, including one person who threatened to cough on Wheeler.

Wheeler acknowledged that forgoing rent payments for six months could hurt some landlords. He said the city of Portland will be calling on banks and credit unions to extend loan repayment timelines in some circumstances.

Detecting Elder Abuse in Your Park  

By Terry R. Dowdall, Esq.

■UPSHOT:

     –For every reported case of elder abuse, there are more than 24 undetected cases never reported (according to an East Coast study). 

     – Almost all victims are in a private residence behind closed doors. 

     – The number of 65+ people increases by 10,000 daily; 8,000 more retire each day.

     – Greedy predator care-givers in California cannot take from the deceased. The Care-giver is disqualified. Cannot be a beneficiary of the estate, even if named in the will of the deceased resident!

     Elder abusers.Who are they?Most frequently, family members(grown kids: chronically unemployed, unemployable, parolees, deeply indebted, thieves, grifters).  All need money, a bed, an address. These are their prime opportunities for taking over grandpa’s house, then neglecting, abusing, ignoring, abandoning, or stealing— all undetected, behind closed doors, away from any danger signs. Until it is too late.

Question: Which form do I use to recover unpaid late fees after issuing a 72-hour notice for non-payment of rent?  Form 43 is for continuing violations. 

Question:  I have a resident who was given permission to build a permanent carport.  Most all of the carports in my park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport.  Building it this way, in my opinion, made it part of the real property.  I was there when construction started but was absent when it was completed. 

What now complicates matters is that he recently decided to sell the manufactured home, including the carport.  This would not have been an issue had the buyer is now planned on moving the home.  I believe that since the carport is now permanently affixed to the ground, it cannot be sold as personal property along with the home.  He also attached the carport to the manufactured home which may complicate things, as well.  What are my rights here?

Editor's Note:  By far - the largest number of phone calls to the MHCO office - year after year - is assistance animals.  Probably one of the most abused laws in landlord-tenant law.  Finally, HUD is offering some further - and much needed guidance.  The actual statement from HUD is attached above ("HUD Guidance on Assistance Animals 01-28-2020").  We have forward this to our legal team to review the appropriate forms and to provide an additional article - with greater clarity - on how to proceed on this thorny issue.  Stay tuned ....

***

HUD recently announced new guidance to clarify how housing providers can comply with the Fair Housing Act when assessing a person’s request to have an animal in housing to provide assistance because of a disability.

Federal fair housing law prohibits housing discrimination against individuals with disabilities. Among other things, the law requires housing providers to permit a change or exception to a rule, policy, practice, or service that may be necessary to provide people with disabilities an equal opportunity to use and enjoy their home. In most circumstances, a refusal to make such a change or exception, known as a reasonable accommodation, is unlawful.

A common reasonable accommodation is an exception to a no-pet policy. A person with a disability may require the assistance of an animal that does work, performs tasks, or provides therapeutic emotional support because of the disability. Housing providers may confirm, if it isn’t apparent, whether the requested accommodation is needed because of a disability that affects a major life activity and is a reasonable request.

HUD says its new assistance animal guidance will help housing providers in this process by offering a step-by-step set of best practices for complying with the law when assessing accommodation requests involving animals and the information that a person may need to provide about his or her disability-related need for the requested accommodation, including supporting information from a health care professional.

The new guidance also provides information on the types of animals that typically may be appropriate and best practices for when the requested animal is one that isn’t traditionally kept in the home. It also provides information for both housing providers and persons with disabilities regarding the reliability of documentation of a disability or disability-related need for an animal that’s obtained from third parties, including Internet-based services offering animal certifications or registrations for purchase.

“Countless Americans rely on assistance animals to fill a void, providing individuals with disabilities with the means to have a home that supports their quality of life,” Secretary Ben Carson said in a statement. “In my many discussions with housing providers and residents impacted by the need for assistance, I recognized the necessity for further clarity regarding support animals to provide peace of mind to individuals with disabilities while also taking in account the concerns of housing providers. Today’s announcement responds to the ambiguity surrounding proper documentation for assistance animals with clarity and compassion to provide an equal opportunity for a person living with a disability to use and enjoy their home.”

Because they apply to more types of facilities than housing, the laws applicable to public accommodations and government-funded facilities, including Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, while sometimes overlapping with the Fair Housing Act, have different, and sometimes narrower, requirements. Similarly, public transportation and common carriers, such as airlines, are also subject to different rules. The Assistance Animal Notice doesn’t address those circumstances.