The Fair Housing Coach: Hot Topics In Fair Housing Law
Today, the Coach takes a close look at three hot button fair housing issues that have been generating a lot of activity in the courts and federal enforcement agencies.
Phil Querin Q&A: Leaky Water Pipes and Clogged Sewer Lines
Two Questions:
Question A: We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.
The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. 'Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.'
What recourse do we have in this situation?
Question B: We have a tenant whose sewage line is routinely blocked. We have had a plumber our numerous times and unclogged resident's sewage line. We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line. Does this constitute grounds for eviction? At what point is the resident responsible for the sewage line and the items they are putting in the toilet?
Phil Querin Q&A: Leaky Water Pipes and Clogged Sewer Lines
Two Questions:
Question A: We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.
The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. 'Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.'
What recourse do we have in this situation?
Question B: We have a tenant whose sewage line is routinely blocked. We have had a plumber our numerous times and unclogged resident's sewage line. We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line. Does this constitute grounds for eviction? At what point is the resident responsible for the sewage line and the items they are putting in the toilet?
Phil Querin Analysis - Senate Bill 970-A Summarized: Evaluation of Applicant, Unreasonable Condition of Tenancy/Occupancy, Subleasing Agreements, Cause of Action
Just over a year ago a story broke on the Sunday front page of 'The Eugene Register Guard' about several elderly residents in a Eugene park who claimed to have been swindled by one or more persons affiliated with the park management. The community became the topic of discussion in legislative circles and the landlord-tenant coalition. Several legislative proposals were drafted for the 2019 Oregon Legislative Session. Legislative hearings were held last summer and into the autumn on the issue as the legislature geared up for action. MHCO spent a considerable amount of time opposing the proposed legislation - testifying in opposition in the summer and autumn of 2018. The resulting legislation - SB 970A - is less draconian because of MHCO's efforts. However, just to be absolutely clear - MHCO remains in opposition.
Attached (above) is Phil Querin's analysis of the legislation (soon to become law) and how it will impact community owners. MHCO is in the process of making necessary changes to the appropriate forms. Unlike the earlier rent control bill - this legislative will not be effective until later this year.
Also attached (above) is the article Phil Querin did from last year on 'how not to conduct a consignment sale' that was in effect a response to the news story. That article remains as true today as it was a year ago when we first published the article.
In the end these two articles by Phil Querin are a good civics lesson on how bad actions by a small group can result in legislation that impacts everyone.
San Diego Community to Pay $17K to Resolve Parking Dispute
HUD recently announced that the owners and managers of a San Diego apartment complex have agreed to pay $17,000 to resolve allegations that they refused to grant a disabled resident’s request for a designated parking space close to the building.
San Diego Community to Pay $17K to Resolve Parking Dispute
HUD recently announced that the owners and managers of a San Diego apartment complex have agreed to pay $17,000 to resolve allegations that they refused to grant a disabled resident’s request for a designated parking space close to the building.
Community Finance from the Perspective of a Community Operator
By: Mark Weiner
CFO, Monolith Properties
E-mail: mark@monlithparks.com.
Phone: 916-292-9473.
The world of commercial mortgage can be quite intimidating for those who only enter the arena every ten years or so when their loan reaches maturity. Luckily for us MHCO members there are many commercial mortgage industry experts who are also MHCO members and available to assist you with your Manufactured Home Community (MHC") financing needs.
Wells Fargo Releases 13th Edition of its Manufactured Home Community Financing Handbook
Wells Fargo has released the 13th Edition of its Manufactured Home Community Financing Handbook created by Tony Petosa (tpetosa@wellsfargo.com), Nick Bertino (nick.bertino@wellsfargo.com), and Erik Edwards (erik.edwards@wellsfargo.com) of Wells Fargo Multifamily Capital. The latest edition of the financing handbook (attached above) features a new section on Fannie Mae and Freddie Mac's Duty to Serve plans specific to the manufactured housing sector.
For more information about financing for Manufactured Home Communities and Apartments, contact:
Tony Petosa
Nick Bertino
Erik Edwards
(760) 438-2153
(760) 438-2692
(760) 918-2875
Wells Fargo Releases 13th Edition of its Manufactured Home Community Financing Handbook
Wells Fargo has released the 13th Edition of its Manufactured Home Community Financing Handbook created by Tony Petosa (tpetosa@wellsfargo.com), Nick Bertino (nick.bertino@wellsfargo.com), and Erik Edwards (erik.edwards@wellsfargo.com) of Wells Fargo Multifamily Capital. The latest edition of the financing handbook (attached above) features a new section on Fannie Mae and Freddie Mac's Duty to Serve plans specific to the manufactured housing sector.
Hard copies of the handbook will be available at the 2019 MHI Congress & Expo (5/6/18-5/8/18) in New Orleans. Come visit us at booth 137!
For more information about financing for Manufactured Home Communities and Apartments, contact:
Tony Petosa
Nick Bertino
Erik Edwards
(760) 438-2153
(760) 438-2692
(760) 918-2875
Fair Housing, Caregivers and 55 & Older Status
A community manager of a 55+ community recently called with a dilemma shared by many other owners. She had two residents, both in their late 80's, who were in failing health.