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Criminal background checks are the latest battleground for potential race discrimination claims. If it’s been a while since you last reviewed your policy, it’s important to check to make sure your policy doesn’t run afoul HUD guidelines addressing the discriminatory effect that criminal background policies may have on racial and ethnic minorities.

Given today’s volatile political climate, it’s more important than ever to be vigilant for any signs of racially motivated harassment, discrimination, or violence directed against anyone at your community. 

In June 2020, a court denied a Texas resident’s request for an emergency order to allow him to fence off his yard because his disability—a compromised immune system—left him vulnerable to COVID-19 exposure to passing strangers.

Question:  A month-to-month resident in our RV Park (on MHCO Form 80 - RV Agreement) is causing numerous problems for other RV residents.  In one case he was verbally abusive to several children – a restraining order was issued and subsequently violated.  What options do we have as the landlord to evict this tenant?  

Question:  A resident in our community has ants in her home. She says they are coming from the ground around the home and has had an exterminator out who confirms that the infestation is coming from the ground.  The resident demands that we pay for the exterminator and that the infestation be controlled at the expense of management. WE do not believe it is our responsibility.  What are your thoughts?

Question:  A man has set up a tent on one of our park’s RV spaces, with lot of garbage around the space.  He did not sign any agreement – he just showed up one day.  How does the landlord best deal with this situation?

In the continuing fight to slow the spread of COVID, the White House has just announced an Order barring nonpayment of rent evictions against most tenants through December 31, 2020. 

It has been issued by the Centers for Disease Control and Prevention (“CDC”). The text can be found here.  

This new moratorium is just one of many throughout the country. The federal government passed the CARES Act, which was intended to protect renters in apartments and single-family homes financed with a federally backed mortgage (e.g. Fannie and Freddie, etc.). It has since expired, which, in part, is why the CDC Order was enacted. 

However, the CDC order is much broader than the CARES Act, and applies to all renters of residential housing.[1] However, to obtain this protection, tenants will have to attest, under oath, to a substantial loss of household income; the inability to pay full rent; to having exercised their best efforts to obtain all available government assistance for rent or housing; that eviction would require them to live in close quarters with others; and attesting that an eviction would likely leave them homeless or otherwise, etc.

Question: Do the state and federal eviction moratoriums apply to RV tenants?  What about short-term guests who are not technically “tenants?”

The City of Portland continues to tighten its grip on local landlords. It has temporarily amended its housing code to provide thatif anyrent increase effective between September 16, 2020 and March 31, 2021 is received and the tenant is unable to pay the increased amount, the renter is potentially eligible for Relocation Assistance from the landlord. See: Portland City Code,  PCC 30.01.085. 

Rent Increases in Oregon for 2020-2021

Question: Going into 2021, what is the applicable rent cap and when does it start. Does the new amount start this month (October 2020) or is it effective January 2021?  Finally, is the effective date of the rent increase amount based on when the rent increase notice is sent or when it becomes effective?