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Answer: The following answers should not be regarded as "legal advice" since this column is intended to be purely educational and for general information purposes. You need to consult your own attorney for a legal opinion. - You are correct about the law; the limited dealer's license is just for park owners with abandoned homes. There is no provision for dealers with a limited license to sell new homes. According to the law, you need a regular dealer's license. See, ORS 446.696, 446.701 and 446.706. - I am troubled that the DFCS said they thought it was OK for you to sell new homes under a limited license, since limited licenses are for abandoned homes which are (presumably) pre-owned. Having said that, if you wanted to proceed on the DFCS's advice, I suspect that if some official later objected, they would have a hard time taking any punitive measures you're your noncompliance. Of course, you never know. The IRS gives out information all the time, and following their advice is no defense to a violation. Why don't you ask if they will put their verbal statement in writing? - I agree that the law says a dealer under a regular license (as opposed to a limited license) may sell new and used homes (so long as he/she discloses that they will sell used homes in the application). - Note that you do not need a MLO license to sell homes. You may use a real estate broker to list and sell your new homes. The fact that they are sited at your park and later sold does not make them "resales." However, to offer or negotiate the financing terms of a purchase money loan, you would need the services of an Oregon licensed MLO (i.e. a mortgage broker or mortgage banker). The real estate brokers can handle the transaction, write it up, etc., but cannot advertise or negotiate specific financial terms were you to carry the paper. - However, if you are going to require that the buyers secure their own financing (i.e. you are not going to "carry the paper"), I see no reason that you need to worry about MLOs, since you will be selling for cash. You will not be taking payments over time. It will be the buyer's lender who will be acting as the MLO (i.e. the mortgage broker or mortgage banker), and negotiating the terms of the purchase money loan to the buyer. - My reading of Oregon administrative rule 441-446-0203 prohibits dealers from acquiring an ownership interest in a park only appears to apply if you are going to offer or negotiate the terms of a residential mortgage loan, i.e. engage in MLO activities or are doing so under an exemption under the MLO laws. Since buyer financing is going to occur via third-party lenders, I do not believe you are prohibited as a "dealer" from owning an interest in a manufactured housing community. - From my perspective, you would be much safer to have someone with a full dealer's license handle the sales program. The real estate licensee can list the homes, find the buyers, write up the transactions (making them subject to third-party financing, etc.). The dealer can handle the transaction from there. Footnotes: Footnote 1: 446.696 Renewal of dealer license. A manufactured structure dealer license is valid for three years, but the Director of the Department of Consumer and Business Services may adjust the term of an initial license for the purpose of establishing uniform expiration dates. A dealer may renew a license as provided by the director. The director may renew a license only if the dealer: (1) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726. (2) Provides evidence acceptable to the director that the dealer obtained a corporate surety bond as provided in ORS 86A.227 if the dealer employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239. (3) Certifies to the director in a form and manner the director specifies by rule that the dealer has independently verified that every individual the dealer hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186. (4) Pays the fee specified in ORS 446.721 for renewal of a manufactured structure dealer license. (5) Submits a completed application for renewal in a form approved by the director that includes: (a) The name and residence address of the dealer. If the dealer is a firm or partnership, the application must include the names and addresses of the members of the firm or partnership. If the dealer is a corporation, the application must include the names and addresses of the principal officers of the corporation and the name of the state in which the corporation is incorporated. (b) The name under which the business will be conducted. (c) The street address, including city and county in Oregon, where the business will be conducted. (d) If the location of the dealership is being changed at the time of renewal: (A) For a business that will be conducted in a residential zone, a statement by the dealer that all manufactured structures sold or displayed at that address will meet any architectural and aesthetic standards regulating the placement of manufactured structures in that residential zone. (B) For a business that will offer for sale new manufactured structures that are recreational vehicles greater than eight and one-half feet in width, a certificate from the applicant stating that the applicant will maintain a recreational vehicle service facility for those recreational vehicles at a street address provided in the application. (e) Information the director requires to efficiently regulate manufactured structure dealers and dealerships or other relevant information the director requires. [2003 c.655 _29; 2009 c.863 _30] Footnote 2: 446.701 Issuance of temporary manufactured structure dealer license. (1) If a licensed manufactured structure dealer dies or becomes incapacitated, the Department of Consumer and Business Services may issue a temporary manufactured structure dealer license to the executor, administrator or personal representative of the estate of the dealer or to an agent of the dealer approved by the department. A temporary license issued under this subsection expires after six months, but the department may extend the license for good cause. The department may not extend a temporary license if the license has been suspended or the licensee placed on probation by the department. (2) A person issued a temporary manufactured structure dealer license must deliver to the department a bond or letter of credit that meets the requirements under ORS 446.726. A bond or letter of credit covering a license term of less than one year must be for the sum otherwise required for each year a license is valid and must be renewed if the term is extended. The temporary manufactured structure dealer is responsible for ensuring that, during the term of the temporary license, the dealership and its employees comply with ORS 446.661 to 446.756. and rules adopted thereunder. This subsection does not relieve a manufactured structure dealer licensed under ORS 446.691 or 446.696 from liability for a violation arising out of actions or omissions by the dealer. (3) Notwithstanding ORS 446.731: (a) Issuance of a temporary manufactured structure dealer license does not, by itself, affect the rights or interests of any creditors of the dealer in dealership assets or inventory. (b) Issuance or expiration of a temporary license is not a transfer of interest for purposes of ORS 446.736. (4) A person obtaining a temporary manufactured structure dealer license must pay the applicable fee specified in ORS 446.721 for issuance of a temporary manufactured structure dealer license. [2003 c.655 _29a] Footnote 3: 446.706 Limited manufactured structure dealer; licensing. (1) A person who holds a limited manufactured structure dealer license issued under this section may sell during a calendar year up to 10 manufactured dwellings located at a manufactured dwelling park identified in the license. The manufactured dwellings sold under a limited manufactured structure dealer license must be dwellings that: (a) Have been abandoned as described in ORS 90.675 at any manufactured dwelling park. If the manufactured dwelling is not subject to sale by the limited manufactured structure dealer under ORS 90.675 (10), the dealer must have the certificate of title or registration for the dwelling transferred to the dealer prior to offering the dwelling for sale; or (b) Have been purchased by the park owner from a person holding title, and at the time of purchase by the park owner, were sited in the manufactured dwelling park identified in the license. (2) Notwithstanding ORS 90.525, if a limited manufactured structure dealer sells a manufactured dwelling that was abandoned at a manufactured dwelling park other than the park where the dwelling is being sold, the sale terms for the manufactured dwelling must require that the dwelling is to be sited under a rental agreement at the park where sold for at least 12 months following the sale. (3) Except as provided in ORS 446.741, the Director of the Department of Consumer and Business Services shall issue a limited manufactured structure dealer license to a person if the person: (a) Owns or operates a manufactured dwelling park as defined in ORS 446.003; (b) Submits a completed application for a limited manufactured structure dealer license in a form approved by the director; (c) Delivers to the director a bond or letter of credit that meets the requirements under ORS 446.726, except that the bond or letter of credit must be in the sum of $15,000 for each year that the license is valid; (d) Delivers to the director a corporate surety bond that meets the requirements specified in ORS 86A.227 if the person employs or intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS 86A.200 to 86A.239; (e) Certifies to the director in a form and manner the director specifies by rule that the person has independently verified that every individual the person hired or intends to hire as a mortgage loan originator meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186; (f) Is 18 years of age or older or is legally emancipated; and (g) Pays the fee specified in ORS 446.721 for issuance of a limited manufactured structure dealer license. (4) If the person is a firm or partnership, the application for a limited manufactured structure dealer license must include the names and residence addresses of the members of the firm or partnership. If the person is a corporation, the application must include the names of the principal officers of the corporation and residence addresses of the officers and the name of the state under whose laws the corporation is organized. If the person is the owner of a manufactured dwelling park, the person may submit a joint application on behalf of the person and a named park operator employed by the person. If the person is the operator of a manufactured dwelling park, the application must include the name and signature of the park owner. (5) A limited manufactured structure dealer license is valid for use at a single manufactured dwelling park. The manufactured dwelling park location must be specified in the license application. A limited manufactured structure dealer may not employ a salesperson. (6) A limited manufactured structure dealer license is valid for two years, but the director may adjust the term of an initial license for the purpose of establishing uniform expiration dates. (7) Notwithstanding subsection (6) of this section, the limited manufactured structure dealer license for the person expires immediately if the person ceases to be an operator or owner of the manufactured dwelling park at which the license may be used. The owner of a manufactured dwelling park shall immediately notify the director if a person licensed under this section ceases to be an owner or operator of a manufactured dwelling park at which the license may be used. (8) Notwithstanding subsections (6) and (7) of this section, if a licensed person ceases to be an operator of the manufactured dwelling park, the park owner may apply to have a corrected license issued to a new operator employed by the owner. A corrected license issued under this subsection is valid for the unexpired portion of the original license term. The director shall charge the fee specified in ORS 446.721 for issuing a corrected license. (9) A limited manufactured structure dealer may renew a license as provided by the director. The director shall renew a license only if the dealer: (a) Submits a completed application for renewal in a form approved by the director; (b) Delivers to the department a bond or letter of credit that meets the requirements described in subsection (3) of this section; and (c) Pays the fee specified in ORS 446.721 for renewal of a limited manufactured structure dealer license. [2003

Answer: Assuming that the landlord has a temporary occupancy agreement in place, the answers are found in ORS 90.275 (Temporary occupancy agreement; terms and conditions). Specifically: - The temporary occupancy agreement is between the landlord, tenant and temporary occupant - all must sign. - The temporary occupant does not have the same rights as a tenant under the landlord-tenant law. - One may terminate the temporary occupancy agreement as follows: _ Only for cause that is a material violation of the temporary occupancy agreement ; presumably the theft constitutes a material violation under your rules and regulations which the temporary occupant is required to comply with; it is certainly a violation of law, which would suffice. _ The temporary occupant does not have a right to cure the violation; _ Legally, you do not have to give written notice of termination to the temporary occupant. However, in this case, I would do so, just for the record, and to make it clear that a notice of termination was, in fact, given. _ The temporary occupant is required to "promptly vacate" upon receipt of the notice. I suggest you give him/her a couple of days, just to avoid an issue. _ Although the statute doesn'texpressly require it, I would copy the resident on the notice. - If, after you give the notice, the temporary occupant sneaks back in the evenings, as seems to occur frequently, you should give the temporary occupant a formal "No Trespassing" letter, with a copy to the resident. It would be preferable if you had these notices personally delivered if you can. Then if the temporary occupant comes back, you may call the police to have him/her removed. - Alternatively, except as provided in ORS 90.449 (the statute protecting victims of domestic violence), a landlord may terminate the tenancy of the resident under ORS 90.630 (the statute permitting for-cause terminations) if the temporary occupant fails to promptly vacate the dwelling, or if the resident materially violates the temporary occupancy agreement. - A temporary occupant shall be treated as a squatter if he/she continues to occupy the dwelling unit after you have terminated the temporary occupancy agreement. _ ORS 90.100 (41) defines a squatter as "a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit." _ The landlord-tenant statutes do not have a specific provision dealing with eviction of "squatters." Although it implies you could have them forcefully removed, I would not attempt any self-help remedies. Rather, you could simply file an eviction, attach a copy of the termination notice, and proceed from there. Alternatively, you could proceed against the temporary occupant and the mother, if she did nothing to make sure he was out. If all else fails, I prefer the former approach, since frequently, a parent - especially an aged parent - is simply not capable of insisting that the son/daughter leave, and I don't believe that failure alone, should result in them losing their right to remain in the community. - Before entering into a temporary occupancy agreement, the law permits landlords to screen the proposed temporary occupant for issues regarding conduct or for a criminal record. If that was not done in this instance it should have been. (Note that a landlord may not screen the proposed temporary occupant for credit history or income level.) Lastly, I see no significance in the temporary occupant having a marijuana card. It isn'ta license to steal.

Answer: Sewer changes are considered a utility. ORS 90.532 ("Billing methods for utility or service charges") provides that, subject to certain exceptions, landlords may provide for utilities or services to tenants by one or more of several alternative billing methods, depending upon the billing "relationship" between landlord and tenant: 1. A relationship between the tenant and the utility or service provider in which the utility provider provides the utility or service directly to the tenant's space, including any utility or service line, and bills the tenant directly; and the landlord does not act as a provider. 2. A relationship between the landlord, tenant and utility or service provider in which the utility provider provides the utility or service to the landlord; the landlord provides the utility or service directly to the tenant's space (or to a common area); and (a) the landlord: includes the cost of the utility or service in the tenant's rent; or (b) bills the tenant for the utility or service charge separately from the rent in an amount determined by apportioning on a pro rata basis the provider's charge to the landlord as measured by a master meter. 3. And lastly, a relationship between the landlord, tenant and utility or service provider in which the utility provider provides the utility or service to the landlord, the landlord provides the utility or service directly to the tenant's space; and the landlord uses a submeter to measure the utility or service actually provided to the space and bills the tenant for a utility or service charge for the amount provided. It appears that No. 2(a) above may currently apply to your situation. In order to "charge back" the residents, I assume you mean charge them directly (outside the base rent) for the cost of the sewer service. Thus, what I understand you to be asking, is whether you can "convert" from 2(a) to 2(b). If your current sewer service is measured by water consumption, and your intent is to separately charge residents a pro rata basis calculated by a master water meter, then ORS 90.532(2(c) applies, which provides that a landlord may not use a separately charged pro rata apportionment billing method for sewer service, if sewer service is measured by consumption of water and the rental agreement was entered into on or after January 1, 2010, unless the landlord was using a separately charged pro rata apportionment billing method for all tenants in the facility immediately before January 1, 2010. By your question, it appears that sewer and water are both included in base rent, at present. Thus, the prorata method (i.e. direct billing for sewer charges outside of base rent) would only be allowed if you already had it in place for all residents prior to January 1, 2010. Unfortunately, it appears that unless you begin submetering your water, you will be unable to separately charge for sewer on a prorata basis outside of your base rent.

Answer: Here is a summary of ORS 90.260, the late fee statute. (1) A landlord may impose a late charge or fee, however designated, only if: - The rent payment is not received by the fourth day of the period for which rent is payable; and - There exists a written rental agreement that specifies: _ The tenant's obligation to pay a late charge; _ The type and amount of the late charge; and _ The date on which rent payments are due, and the date on which late charges become due. (2) The amount of any late charge may not exceed: - A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market; - A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable flat amount", described above; or - Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only. (3) In periodic tenancies [e.g. month-to-month], a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant. (4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment. (5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed. (6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Here are my questions: 1. Do we write a new lease for the remaining resident or keep the old lease with both residents on the lease? A new lease would presumably require than any new occupants be qualified all over again. But the current occupant would not qualify. Secondly, the ex-spouse would have no liability for space rent going forward. You may want to leave the status quo, to keep your options opened. 2. Can we legally keep the resident that moved out, responsible for the lease after a divorce and separation of assets? Yes. 3. Do we re-screen the remaining resident to see if he/she qualifies on their own? I have a concern about doing so - if they did not pass the credit requirements, then what? You can't evict them without cause, and as long as the remaining occupant is current, you could not do so. Besides, if the remaining occupant is receiving spousal or child support, their income might be sufficient. 4. Who owns the security deposit or pre-paid rent? I don't think you have a duty to refund any deposits until the tenancy is ended, and so far, that isn'tthe case. If and when it is ended, you could ask for joint instructions from both of them, and if they can't agree, make the check out to them jointly.

Answer: Here is _ 805(b) of the Fair Debt Collection Practices Act regarding communication in connection with debt collection. The following activity is prohibited: "Communication with third parties. Subject to limited exceptions, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector." The Take-Away: This law, when coupled with the general expectation of privacy that residents have, it is my opinion that a landlord should never be in the position of voluntarily disseminating personal contact information to potential creditors, or any other people for that matter - unless the tenant consents in advance. If the debt collector issues a subpoena, that's another story. But until they do, landlords should avoid voluntarily complying with requests for personal information on residents. This applies regardless of whether the third party is a debt collector.

Answer: Domestic violence is a defense to eviction, but only under the proper circumstances. I have set out the law in its entirety below. As you can see, the law presumes there has been a violent act for which the landlord is evicting everyone in the space, i.e. the villain and the victim. The domestic violence law says you cannot evict the victim for the violent act. But it also says the villain and the victim are still responsible for rent. It also requires a valid third-party affirmation to the event. In short, based on your question, it does not sound as if the domestic violence statute will provide a defense to an action for nonpayment of rent. You should tell the victim that you do not believe the domestic violence law applies in these circumstances (i.e. nonpayment of rent) and that if her attorney believes otherwise, he must call you immediately and explain why. Is she is a serial late pay for which you have to issue multiple non-payment of rent notices, you might consider a 3-strikes notice under ORS 90.630(8). DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING 90.445 Termination of tenant committing criminal act of physical violence. (1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault or stalking against a household member who is a tenant, after delivery of at least 24 hours' written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may: (a) Terminate the rental agreement of the perpetrating tenant, but may not terminate the rental agreement of the other tenants; and (b) If the perpetrator of the criminal act of physical violence related to domestic violence, sexual assault or stalking continues to occupy the premises after the termination date and time specified in the notice, seek a court order under ORS 105.128 to remove the perpetrator from the premises and terminate the perpetrator's tenancy without seeking a return of possession from the remaining tenants. (2) A landlord that terminates the tenancy of a perpetrator under this section may not require the remaining tenants to pay additional rent or an additional deposit or fee due to exclusion of the perpetrator. (3) The perpetrator is jointly liable with any other tenants of the dwelling unit for rent or damages to the premises incurred prior to the later of the date the perpetrator vacates the premises or the termination date specified in the notice. (4) The landlord's burden of proof in a removal action sought under this section is by a preponderance of the evidence. [2007 c.508 _3] 90.449 Landlord discrimination against victim; exception; tenant defenses and remedies. (1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement: (a) Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault or stalking. (b) Because of a violation of the rental agreement or a provision of this chapter, if the violation consists of an incident of domestic violence, sexual assault or stalking committed against the tenant or applicant. (c) Because of criminal activity relating to domestic violence, sexual assault or stalking in which the tenant or applicant is the victim, or of any police or emergency response related to domestic violence, sexual assault or stalking in which the tenant or applicant is the victim. (2) A landlord may not impose different rules, conditions or standards or selectively enforce rules, conditions or standards against a tenant or applicant on the basis that the tenant or applicant is or has been a victim of domestic violence, sexual assault or stalking. (3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault or stalking and: (a) The tenant permits or consents to the perpetrator's presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or (b) The perpetrator is an unauthorized occupant and the tenant permits or consents to the perpetrator living in the dwelling unit without the permission of the landlord. (4) If a landlord violates this section: (a) A tenant or applicant may recover up to two months' periodic rent or twice the actual damages sustained by the tenant or applicant, whichever is greater; (b) The tenant has a defense to an action for possession by the landlord; and (c) The applicant may obtain injunctive relief to gain possession of the dwelling unit. (5) Notwithstanding ORS 105.137 (4), if a tenant asserts a successful defense under subsection (4) of this section to an action for possession, the tenant is not entitled to prevailing party fees, attorney fees or costs and disbursements if the landlord: (a) Did not know, and did not have reasonable cause to know, at the time of commencing the action that a violation or incident on which the action was based was related to domestic violence, sexual assault or stalking; and (b) Promptly dismissed tenants other than the perpetrator from the action upon becoming aware that the violation or incident on which the action was based was related to domestic violence, sexual assault or stalking. [2007 c.508 _4; 2011 c.42 _9] 90.453 Termination by tenant who is victim of domestic violence, sexual assault or stalking; verification statement. (1) As used in this section: (a) "Immediate family member" means, with regard to a tenant who is a victim of domestic violence, sexual assault or stalking, any of the following who is not a perpetrator of the domestic violence, sexual assault or stalking against the tenant: (A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310, or as defined or described in similar law in another jurisdiction; (B) A cohabitant in an intimate relationship; (C) An unmarried parent of a joint child; or (D) A child, grandchild, foster child, ward or guardian of the victim or of anyone listed in subparagraph (A), (B) or (C) of this paragraph. (b) "Qualified third party" means a person that has had individual contact with the tenant and is a law enforcement officer, attorney or licensed health professional or is a victim's advocate at a victim services provider. (c) "Verification" means: (A) A copy of a valid order of protection issued by a court pursuant to ORS 30.866, 107.095 (1)(c), 107.716, 107.718 or 163.738 or any other federal, state, local or tribal court order that restrains a person from contact with the tenant; (B) A copy of a federal agency or state, local or tribal police report regarding an act of domestic violence, sexual assault or stalking against the tenant; (C) A copy of a conviction of any person for an act of domestic violence, sexual assault or stalking against the tenant; or (D) A statement substantially in the form set forth in subsection (3) of this section. (d) "Victim services provider" means: (A) A nonprofit agency or program receiving moneys administered by the Department of Human Services or the Department of Justice that offers safety planning, counseling, support or advocacy to victims of domestic violence, sexual assault or stalking; or (B) A prosecution-based victim assistance program or unit. (2)(a) If a tenant gives a landlord at least 14 days' written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement. (b) The notice given by the tenant must specify the release date and must list the names of any immediate family members to be released in addition to the tenant. (c) The notice must be accompanied by verification that the tenant: (A) Is protected by a valid order of protection; or (B) Has been the victim of domestic violence, sexual assault or stalking within the 90 days preceding the date of the notice. For purposes of this subparagraph, any time the perpetrator was incarcerated or residing more than 100 miles from the victim's home does not count as part of the 90-day period. (3) A verification statement must be signed by the tenant and the qualified third party and be in substantially the following form: ______________________________________________________________________________ QUALIFIED THIRD PARTY VERIFICATION ______________________ Name of qualified third party ______________________ Name of tenant PART 1. STATEMENT BY TENANT I, ________(Name of tenant), do hereby state as follows: (A) I or a minor member of my household have been a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100. (B) The most recent incident(s) that I rely on in support of this statement occurred on the following date(s):_________. ___The time since the most recent incident took place is less than 90 days; or ___The time since the most recent incident took place is less than 90 days if periods when the perpetrator was incarcerated or was living more than 100 miles from my home are not counted. The perpetrator was incarcerated from ____________ to____________. The perpetrator lived more than 100 miles from my home from ___________ to___________. (C) I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. ______________________ (Signature of tenant) Date: ________ PART 2. STATEMENT BY QUALIFIED THIRD PARTY I, ________(Name of qualified third party), do hereby verify as follows: (A) I am a law enforcement officer, attorney or licensed health professional or a victim's advocate with a victims services provider, as defined in ORS 90.453. (B) My name, business address and business telephone are as follows: ___________________________ ___________________________ ___________________________ (C) The person who signed the statement above has informed me that the person or a minor member of the person's household is a victim of domestic violence, sexual assault or stalking, based on incidents that occurred on the dates listed above. (D) I reasonably believe the statement of the person above that the person or a minor member of the person's household is a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100. I understand that the person who made the statement may use this document as a basis for gaining a release from the rental agreement with the person's landlord. I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury. ______________________ (Signature of qualified third party making this statement) Date: ________ ______________________________________________________________________________ (4) A tenant and any immediate family member who is released from a rental agreement pursuant to subsection (2) of this section: (a) Is not liable for rent or damages to the dwelling unit incurred after the release date; and (b) Is not subject to any fee solely because of termination of the rental agreement. (5) Notwithstanding the release from a rental agreement of a tenant who is a victim of domestic violence, sexual assault or stalking and any tenant who is an immediate family member of that tenant, other tenants remain subject to the rental agreement. (6) A landlord may not disclose any information provided by a tenant under this section to a third party unless the disclosure is: (a) Consented to in writing by the tenant; (b) Required for use in an eviction proceeding; (c) Made to a qualified third party; or (d) Required by law. (7) The provision of a verification statement under subsection (2) of this section does not waive the confidential or privileged nature of a communication between the victim of domestic violence, sexual assault or stalking and a qualified third party. [2003 c.378 _4; 2007 c.508 _9; 2011 c.42 _9a] 90.456 Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking. Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence, sexual assault or stalking as provided in ORS 90.459 or 105.128, if there are any remaining tenants of the dwelling unit, the tenancy shall continue for those tenants. Any fee, security deposit or prepaid rent paid by the victim, perpetrator or other tenants shall be applied, accounted for or refunded by the landlord following termination of the tenancy and delivery of possession by the remaining tenants as provided in ORS 90.300 and 90.302. [2003 c.378 _6; 2007 c.508 _10; 2007 c.508 _11; 2011 c.42 _9b] 90.459 Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking. (1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault or stalking and may request that the locks to the dwelling unit be changed. A tenant is not required to provide verification of the domestic violence, sexual assault or stalking to initiate the changing of the locks. (2) A landlord who receives a request under subsection (1) of this section shall promptly change the locks to the tenant's dwelling unit at the tenant's expense or shall give the tenant permission to change the locks. If a landlord fails to promptly act, the tenant may change the locks without the landlord's permission. If the tenant changes the locks, the tenant shall give a key to the new locks to the landlord. (3) If the perpetrator of the domestic violence, sexual assault or stalking is a tenant in the same dwelling unit as the victim: (a) Before the landlord or tenant changes the locks under this section, the tenant must provide the landlord with a copy of an order issued by a court pursuant to ORS 107.716 or 107.718 or any other federal, state, local or tribal court that orders the perpetrator to move out of the dwelling unit. (b) The landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit or provide keys to the perpetrator, during the term of the court order or after expiration of the court order, or to provide the perpetrator access to the perpetrator's personal property within the dwelling unit. Notwithstanding ORS 90.425, 90.435 or 90.675, if a landlord complies completely and in good faith with this section, the landlord is not liable to a perpetrator excluded from the dwelling unit. (c) The perpetrator is jointly liable with any other tenant of the dwelling unit for rent or damages to the dwelling unit incurred prior to the date the perpetrator was excluded from the dwelling unit. (d) Except as provided in subsection (2) of this section, the landlord may not require the tenant to pay additional rent or an additional deposit or fee because of the exclusion of the perpetrator. (e) The perpetrator's tenancy terminates by operation of law upon an order described in paragraph (a) of this subsection becoming a final order. [2003 c.378 _5; 2007 c.508 _11]

MHCO provides members with numerous services.

Some of those services include:

• Forms & Notices
• Referral to Associate Member Services such as tenant credit & criminal screening, legal, lenders, insurance, appraisal, contractors, management services, computer services, etc.
• Educational Seminars
• Toll-free Telephone Number
• Landlord/Tenant Procedural Assistance
• Park Management/Operations How-To Info
• Government Relations Consultant/Lobbyist
• Annual Conference
• Legislative Alerts
• And More....

Use Your Membership Benefits!
Invite a Non-Member Park to Join MHCO! 

Manufactured Housing Communities of Oregon (MHCO) is the largest organization in Oregon representing owners of manufactured housing communities in Oregon.

As a member of MHCO you will have access for over 50 forms drafted by MHCO's attorney.These forms cover nearly all the issues you face as an owner or manager of a manufactured home community in Oregon. Additionally, MHCO offers a landlord/manager hot line to answer a wide variety of questions you may have regarding the operation of your community. As a member of MHCO you will be able to attend landlord-tenant training seminars at a reduced "member" rate. MHCO also provides members with a wide variety of information - from Fair Housing Issues to the latest developments in the Oregon Legislature that directly impact your ability to operate your community in Oregon.  MHCO's is the community owner's watch dog and advocate in the Oregon Legislature.

MHCO's strength is in numbers. Become a member today and join the hundreds of other communities in Oregon who trust MHCO to advocate for manufactured home community owners in Oregon.

Register online to become a community member.

Download the current community membership application here.