No. 1 Question.Can you describe the step by step process of implementing water submetering with respect to the tenant notification and billing process?

 

 

 

While setting up a disaster plan for manufactured home communities, be sure to include steps that would reduce the risk of damage or injury. Here are some actions to consider: 

 

• Keep trees healthy and strong.  Remove dead limbs immediately, and cut back branches that overhang buildings or touch power or phone lines.

 

• Make sure all homes in the community are installed properly and comply with all local codes that apply to disasters.

 

• Do visual inspections of the community on a regular basis to look for damage to foundations, roofs, walls, tie-downs, awnings and other structures.  Notify residents of any potential problems observed on their homesite.

 

• Install an audio warning system, such as a siren or horn, and tell residents when and how it will be used.

 

• Have a battery-powered radio that can monitor reports from the National Weather Service, an agency of the National Oceanic and Atmospheric Administration (NOAA).  These are referred to as NOAA Weather Radios.  The National Weather Service broadcasts updated weather warnings and forecasts for most kinds of weather emergencies.  NOAA recommends that you buy a radio that can run on either electricity or batteries, and that has a feature that automatically sends out a warning “beep” when a weather watch or warning is issued.

 

• Inspect fire hydrants regularly and keep them clear of debris, plants and other obstructions.

 

• If floods are a potential problem, consider building earth mounds or other types of flood walls around the community.

 

Also educate residents about steps they can take to reduce risk.  Here are some actions they should consider:

 

• Anchor major appliances to the walls or countertops with heavy brackets.

 

• Put child-safety locks on cupboards, so they won’t fly open.

 

• Use picture hangers instead of nails for wall hangings.

 

• Recoat roof with sealer as needed.

 

• Check awnings, gutters, siding, roof and other parts of the home regularly for structural problems.

 

• Make sure the water heater and furnace are bolted to the floor or wall.

 

• Learn how to turn off the water, electricity, natural gas or propane quickly, and teach everyone in the family how to do it.

 

• Have a professional technician install and maintain a proper set of tie-downs with anchors.

 

• Use additional tie-downs for decks, sheds, carports or other additions.

 

 

• Make sure the tie-downs and anchors used are the right kind for the soil under the home.

 

• Inspect tie-downs regularly to ensure straps and connectors are not damaged.  If tie-downs are loosened in the fall to avoid damage from frost-heave, be sure to tighten them again in the spring.

 

 

General Home Safety

 

In addition to helping residents get ready for a disaster, help them learn about general home safety. If they make their homes safer for day-to-day living, they will also reduce problems during a disaster. 

 

Fire is the most serious hazard.  Here are some guidelines to reduce risk of fire and accidents:

 

• Install smoke detectors.  If they run on batteries, change them once a year.  Clean the detectors monthly and test them regularly. (Some local fire departments give away smoke detectors or make them available to the community for very low prices. Community owners and operators might want to consider a similar program if one is not offered by the local fire department.)

 

• Have appliances and heating and cooling equipment checked each year by a qualified technician.

 

• Don’t store combustible or flammable materials like paint thinner, gasoline, turpentine or kerosene, anywhere near water heaters, furnaces, stoves or other possible sources of heat that could ignite them.

 

• Inspect electrical cords for fraying or other damage, and replace as needed.

 

• Keep and “A-B-C” – type fire extinguisher handy and teach all family members how to use it. (Fire extinguishers are labeled for the types of fires they can be used on.  An ‘A’ rated unit is good for wood, paper, trash, and plastic fires.  ‘B’ rated is good for gasoline, oil and grease fires.  ‘C’ rated is used for electrical fires.  An “A-B-C” fire extinguisher can be used for all three types of fires, so it is the best choice for homes.)

 

• Keep curtains, clothing and other materials away from space or wall heaters.

 

• Install vinyl or metal skirting material around the home to keep out leaves, debris or other material that could catch fire.

 

• Don’t store anything flammable under the home.

 

• Trim back trees that overhang the home or interfere with incoming services, such as electric and phone lines.

 

• Take steps to prevent falls: Add lighting to areas indoors and outdoors that are dark or shadowed.  Mark steps with reflective tape, if appropriate.  Keep a flashlight in each bedroom, and tuck away extension cords and other tripping hazards.

Termination of Manager Occupying  A Park-Owned Home

 

Question: As our on-site community manager is living in a park-owned mobile home (POH), consistent with his job duties, rent free.  His employment paperwork is legal and minimal, and no rental agreement was included in his hire packet.  Each month, he receives a rent credit equal to the total rent & utility charges, so he pays no rent as part of his compensation package.  His pay stub does not include a housing allowance, and he does not pay the company rent for the home.

 

How do we proceed with termination and eviction?   For future reference what documentation should a community owner have in the employment packet? 

 

Answer:  Below is the relevant statute. Note it is NOT found in the landlord-tenant law (ORS Chapter 90), so many managers don’t see them; they are found in ORS Chapter 91.

 

91.120 Eviction of employee; notice required. An employee described in ORS 90.110 (7)[1]may only be evicted pursuant to ORS 105.105 to 105.168 after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. (Emphasis added.)

 

So, check your manager’s employment contract to see if it addresses continued occupancy after termination. If it says nothing, then minimum amount of time you must give is 24-hours. The statute couldbe read to mean that the written 24-hour termination of employment is sufficient notice. However, I would suggest that when you terminate the manager you alsoissue a written notice of termination of their occupancy. 

 

The manager is not a “tenant” for purposes of ORS Chapter 90, so you don’t need to worry about adding three days for mailing etc. I would try to have the termination of employment and the termination of occupancy hand delivered. 

 

If you have questions about the termination of employment, you should contact an employment attorney. As for the termination of occupancy, all you need to say is the following:

 

 

 

DATE & TIME OF DELIVERY: _________________________

 

Pursuant to ORS 91.120, please regard this as notice of formal termination of your right of occupancy of [address]:_______________________________________ (“Premises”).  Please vacate the Premises no later than 5:00 PM on the ___ day of ________________, 2019 [Date and Time to be no less than24-hours from above date and time of delivery].  If you have any questions please contact your attorney.

 

[Signed]

______________________________

 

Make sure the notice gives a full 24-hours advance notice. Certainly, unless there is reason for not doing so, you can always insert a longer period of time to vacate.  Don’t agree to any extensions without it being in writing.

 

If the ex-manager refuses to vacate, you may append the notice to the standard court-issue summons and eviction form and have it served. The eviction process would be the same as if you were evicting a park tenant. The only thing different is that ORS Chapter 90 does not apply.

 

I think it’s important that your employment agreement makes clear that (a) the manager’s occupancy of the park-owned home is conditioned upon their continued employment, and (b) that upon termination of employment you have the right to terminate their occupancy under ORS 91.120 with not less than 24-hours’ notice.

 

Note that ORS 92.120 assumes the manager doesn’t own the home. If he or she does own the home, it’s a far different equation in my opinion. If that is the case, it would seem their continued right of occupancy should be addressed in the employment agreement, since otherwise, the ex-manager could morph into a “tenant” under ORS Chapter 90 if they started making payments monthly space rent. If you are thinking about hiring a current tenant as a manager, you should consult your attorney for directions as how to fashion the employment agreement.  

 

 

This is the fifth in a series of articles on disaster preparedness and how to safeguard your community, save lives and minimize damage.

 

In addition to the plan you are developing for your manufactured home community, you should encourage each resident family to have its own disaster plan in place.  

 

Residents should know what types of disaster could occur, and what they can do about each one.  A community newsletter is a good way to educate residents, and so are community meetings.

 

Residents should also know how they will be notified of a potential disaster.  Does the community have a warning system, such as a siren, and what does each signal mean?  

 

If someone in the family is responsible for helping to notify others in the community, phone numbers or addresses should be posted near the phone or in a place that can be easily reached.

 

It’s a good idea for all members of a family to discuss and develop these plans together.  The plans should include:

 

• Escape routes in the home, if doors are blocked
• Where to go in case of an immediate emergency, such as a community shelter
• Where to go in case of an evacuation
• A map of the evacuation route
• A list of phone numbers that would be needed in a disaster  (This would include doctors, relatives and insurance agents)
• A contact person outside of the area for all family members to call to report on their safety and whereabouts
• A place to meet if the family is separated

 

In addition, each member of the family should be assigned a job to do to get ready for an emergency.  For example:

 

• Set up, maintain and move emergency supplies
• Stow breakable items
• Secure outside items, such as awnings, grills or patio furniture
• Turn off utilities (electricity, water, natural or LP gas)
• Collect pets 
• Collect valuable items, if time allows (credit cards, insurance papers, drivers licenses, photos)

 

Note: Different steps should be taken to secure the home, depending on what type of disaster is being planned for.

 

Every member of the family should be familiar with the plan, and should participate in planned community practices or drills. Children should know where to go and what to do in case of an emergency, and should practice with their parents several times each year.  They should also memorize contact names and phone numbers in case separated from their parents.

 

In a community disaster, families may need to be able to survive on their own for several days.  This means each household should have its own water, food, clothing, a first aid kit and other emergency supplies ready to go at all times.  A list of the basics each family should have is provided on the opposite page.  It has been adapted from a list developed by the Federal Emergency Management Agency (FEMA).

 

Family Emergency Supplies List

 

FEMA recommends that families use backpacks or duffel bags to store their emergency supplies and to move them, if necessary. They should contain items from the list below.

 

Families should keep their emergency supplies in a cool, dry place.  Boxed foods should be stored in closed containers.  The food and medical supplies should be dated and replaced with new supplies as needed.  If you are storing water over a long period of time, treat each container with a water purification element before storing it.  Keep water in a cool, dark place in tightly closed, unbreakable containers.

 

If someone in your family has a disability or specific medical problem that creates special needs, be sure that the necessary items are included in the emergency supplies.  If someone in the family is dependent on electric powered respirators or other medical equipment, find out what kinds of special assistance are available in the community.  If a family has no one who is capable of driving in an evacuation, make sure that a neighbor or someone else nearby will provide transportation.

 

 

Water, Food and Utensils

 

• Water (1 gallon per person per day) in non-breakable containers
• Ice and cooler chest
• Water purification materials: tablets, tincture of iodine or household bleach, with instructions on how they are used
• Food: high-nutrition and ready to eat items like canned tuna, peanut butter, granola bars
• Non-electric can opener
• Special foods, such as baby food, if needed
• Pet food, if needed
• Plastic utensils and cups

 

Communications, Lighting and Safety

 

• Battery-powered radio and extra batteries
• Cellular phone or citizens band radio
• NOAA weather-alert radio
• Fire extinguisher
• Flashlights and extra batteries
• Work gloves
• Propane gas stove

 

Clothing and Bedding

 

• One complete change of clothing for each person, appropriate for weather conditions
• Sturdy shoes
• Outer-wear appropriate for weather conditions
• Extra underwear and socks
• Sleeping bag or two blankets for each person
• Pillows

 

Personal Items

 

• Contact lens solution
• Dentures
• Deodorant
• Family Medications
• Insect repellent
• Sanitary napkins or tampons
• Sewing kit
• Shampoo, comb, hair brush
• Shaving kit
• Soap, toothbrushes, and toothpaste
• Special children’s needs: toys, blanket, pacifier, diapers
• Washcloth and towel

 

First Aid Kit

 

• Adhesive tape and bandages
• Antibiotic and anti-itch ointments
• Antiseptic solution
• Aspirin or substitute
• Diarrhea medication
• First aid handbook
• Petroleum jelly
• Prescription and non-prescription medications used by family
• Scissors and tweezers
• Sterile bandages

 

Papers and Valuables

(if not kept in a safety deposit box)

 

• Birth certificates
• Credit cards and cash
• Deeds and mortgages
• Drivers licenses
• Insurance policies
• Inventory of household goods (photos preferred)
• List of emergency phone numbers
• Photos that can’t be replaced
• Savings and checking account records
• Small valuables: watches, jewelry, cameras, electronics
• Stocks and bonds
• Wills

 

Fair housing law generally prohibits discrimination based on familial status, but there’s a limited exception that applies to senior housing communities that qualify as “housing for older persons.” To qualify, senior housing communities must meet strict technical requirements. Unless they satisfy those requirements, communities may not enforce “adult only” policies or impose age restrictions to keep children from living there.

The focus of this article is on federal law, but it’s important to check the law in your state governing senior housing communities. The specifics may vary, but you could draw unwanted attention from state enforcement agencies if you exclude families with children without satisfying legal requirements to qualify for the senior housing exemption.

Example: In January 2019, the California Department of Fair Employment and Housing (DFEH) announced a $10,000 settlement in a fair housing complaint alleging familial status discrimination against the owners of a six-unit rental community and a residential real estate brokerage firm that managed the property.

Fair housing advocates filed the complaint, alleging that the property was advertised online as an “adult complex” and included a restriction of “maximum 2 adults.” During a follow-up call, the property manager reportedly told a tester that children weren’t allowed. DFEH found that the complex wasn’t a senior citizen housing development and that there was cause to believe a violation of state fair housing law had occurred.

“In California, senior housing developments can, with some exceptions, exclude residents under 55 years of age if they have at least 35 units and meet other requirements,” DFEH Director Kevin Kish said in a statement. “All other rental properties violate the law if they categorically exclude families with minor children. By identifying such policies through testing, fair housing organizations such as Project Sentinel play an important role in ensuring that families with children have access to housing.”

In this month’s lesson, we’ll explain what the law requires to qualify for and maintain the senior housing exemption. Then we’ll offer seven rules to help avoid fair housing trouble in senior housing communities. Finally, you can take the Coach’s Quiz to see how much you’ve learned.

 

Assistance animals can go by many names—service dogs, therapy animals, emotional support animals—and there are different sets of rules on when, where, and what types of animals may be used by individuals with disabilities in various settings. For this lesson, we’ll focus on federal fair housing law—the primary law governing use of assistance animals in multifamily housing communities, and we’ll use the umbrella term—assistance animals—to cover all types of animals that provide assistance to individuals with disabilities.

In this lesson, the Coach explains who qualifies as an individual with a disability and when you must consider making exceptions to your pet policies as a reasonable accommodation so they may keep an assistance animal at the community. Then we’ll suggest eight rules to help you avoid the missteps that often lead to fair housing trouble.