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Phil Querin Q&A: Medical Marijuana And Reasonable Accommodations Laws In Oregon

 

Question. We have an applicant applying for residency that has an Oregon Medical Marijuana Card, He has requested that he grow marijuana for his use and is asking for a reasonable accommodation to grow since our rules do not allow pot to be grown on the space. Does this qualify for a reasonable accommodation? If we make a reasonable accommodation is he still required to grow only the limited number of plants outlined in the ORS? Or can he grow as many as he wants? Can we require that the plants be grown in the back of the space?"

 

 

 

MHCO Pushes Back Portland Zoning Changes for MHCs

 Last month the cIty of Portland announced proposed changes for zoning of manufactured home communities within the city of Portland.  The policy driving these changes is to protect this particular type of affordable housing, by preventing MHC owners from closing their parks and converting them to other uses, including other uses currently allowed in the existing zoning district. In other words, the so-called "stability'' mentioned by the city, is achieved by preventing MHC owners from closing their parks and converting them to other uses. While it is true that park owners may apply for a zone change and comprehensive plan amendment if they want to close their park and convert it to another use, the same is true for any other owner of property anywhere else in the city, who wishes to establish a new use that is otherwise prohibited by the city's current zoning code and comprehensive plan. Therefore, the fact that an owner can apply for a zone change and comprehensive plan amendment if they wish to close their park and convert it to another use, does not negate the fact that under the propose MHC amendments, conversion to another use would be prohibited.MHCO has retained attorneys Bill Miner and Phil Grillo at Davis Wright Tremaine to assist our efforts opposing Portland's latest attack on property rights.  MHCO is concerned that this ordinance impacts many MHC owners in Portland and has the potential of becoming a significant issue for all park owners in Oregon in next year's legislative session.  MHCO has held several meetings with Portland officials and some progress appears to be possible, although it may be too early to be certain.  Our goal has been to keep current community owners whole - working on concepts that preserves the value of the property.  We will be working on this issue through the summer and will keep you up to date as we move forward.One concept that we are working on is bonus density.  The basic concept is that where a MHC site is underdeveloped (meaning that the zoning would allow more units than currently exist on site) the city would allow owners a density bonus that can be transferred (i.e. sold)  to the owners of other residentially zoned properties in the area.   Broadly speaking, this concept is known in the planning world as Transfer of Development Rights (TDR).  Our density bonus concept would expand the basic TDR concept proposed by the city, to ensure that all MHC owners have a meaningful amount of density (i.e. dwelling units) that can be transfer (i.e. sold) to other residentially zoned properties.  Our concept would also expand the area (i.e. residentially zoned properties)  whether this bonus density could be transferred to, thereby expanding the market area and presumably increasing the value of the proposed bonus density.MHCO would like to thank attorneys Bill Miner and Phil Grillo who have provided most of the back ground for this email and for their efforts on behalf of community owners.  

Phil Querin Q&A: Temporary Occupant and Fair Housing Accommodation

 

Question: A tenant has asked for her daughter to be on a temporary occupant agreement. The tenant has recently been in the hospital and has returned home. She has not said she needs a caregiver at this point in time. The daughter is 40 years old and has three large dogs. She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says 'no' she will get her attorney. Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation. What are the landlord's rights? We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter. At that point, once she has said "disability" or "caregiver" what are the landlord's rights? Can he say no to the daughter in both circumstances or only in first before the word "disability" or "caregiver" is mentioned?

 

 

 

 

Phil Querin Q&A: Temporary Occupant and Fair Housing Accommodation

 

Question: A tenant has asked for her daughter to be on a temporary occupant agreement. The tenant has recently been in the hospital and has returned home. She has not said she needs a caregiver at this point in time. The daughter is 40 years old and has three large dogs. She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says 'no' she will get her attorney. Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation. What are the landlord's rights? We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter. At that point, once she has said "disability" or "caregiver" what are the landlord's rights? Can he say no to the daughter in both circumstances or only in first before the word "disability" or "caregiver" is mentioned?

 

 

 

 

Multnomah County Jury Awards $20+ Million Tenant Verdict

This article 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.

By Mark Busch, Attorney

A Multnomah County jury just awarded an injured tenant over $20 million for injuries the tenant suffered on an apartment walkway that failed. The tenant partially fell through a hole in a concrete walkway that crumbled beneath his footstep. He ended up with injuries to his right leg and right knee that required surgery.

 

The tenant sued two related landlord companies that owned and managed the large apartment complex in southeast Portland. The tenant's attorneys alleged negligence and failure to maintain common areas for normal and reasonably foreseeable uses" as required by Oregon law. The jury awarded damages in the sum of $45

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

 

Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.

 

My question is this: Is domestic violence a recognized defense to non-payment of rent?

 

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