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This morning the Oregon State Senate passed the 2015 Landlord-Tenant Coalition Bill on a vote of 29-0 with one Senator absent.  The bill now moves on to Governor Kate Brown's desk for signature. 

MHCO is THRILLED that a long standing legislative goal - the ELIMINATION of the requirement that landlords pay the back taxes on an abandoned home in their community when the landlord purchases the abandoned home is well on it's way to becoming Oregon law.  This portion of the legislation will become effective January 1, 2016.  MHCO along with Phil Querin have already created initial drafts of the forms necessary to comply with the new law.  Those forms will be reviewed and available to members on-line later this year.  We will also have an extensive article by Phil Querin available for the MHCO membership later this year as well.  Other issues contained in this legislation will be addressed at the annual MHCO Conference at the end of October.  Stay tuned for details!

This is a major win for Oregon community owners and will impact every community owner in the state.  Special thanks to Dale Strom, Adam Cook and Phil Taylor who dedicated an enormous amount of time negotiating on behalf of community owners in the landlord tenant coalition.   MHCO also thanks Diane Belt with the Oregon Tax Assessors Association for her expertise and willingness to resolve this issue. 

There have also been some less than satisfactory developments in Salem this week.

Yesterday the Oregon Senate Committee on Human Services and Early Childhood held a public hearing on HB 2564.  This is the inclusionary zoning" bill that passed the Oregon House earlier this session.  It is also the bill that Representatives in the House alluded to the as needing a rent control amendment during the floor debate in the Oregon House last month.

At yesterday's public hearing an amendment (the dash 5 amendment) was introduced that would chip away at the statewide preemption on rent control.  

Here is Phil Querin's analysis of the proposed amendment:

"When the bill attempts to exclude the application of ORS 91.225 (which prohibits rent control)

Earlier this week the 2015 Oregon Legislative Session adjourned.    This session was notable for two reasons - the first for passing MHCO's long awaited changes eliminating past due taxes on abandoned homes and the second for the tenacity of rent control to raise it's head in floor debates, a legislative work group proposal and amendments. 

The increase in the cost of housing  particularly in many of Oregon's urban areas manifested itself in a drive to bring forward rent control in various forms.  This will not be the last we hear of rent control as we head into 2016.  Considering that in many cases MHCO was able to defeat rent control by just one vote in committee raises concerns as we set our sights on the February 2016 Oregon Legislative Session and especially the 2017 Oregon Legislative Session if elections continue to go as badly as they have for the business community over the past four years. 

In the end, MHCO is thrilled with what we were able to accomplish in the 2015 Legislative Session - one of the best pieces of pro-landlord legislation in the last decade, but we have serious reservations where the Legislature is headed on issues that are of great concern to landlords and business owners. 

MHCO will be providing extensive information on the new tax rules for abandoned homes later this year at the MHCO Annual Conference as well as information on other issues in the 2015 Landlord Tenant Coalition Bill that passed in this Legislative Session.  The new laws do not go into effect until January 1, 2016.  New forms will be necessary - MHCO will have those available to members on-line later this year as well.

Finally, here is a summary of some of the legislation that MHCO worked to defeat this session.  Other than the Coalition Bill (HB 3016) there were no other bills that MHCO supported - that in itself is a sad commentary on this legislative session considering the thousands of bills introduced.

MHCO Legislative Summary - MHCO Defeated Proposed Legislation

HB 2564 - (Inclusionary Zoning) Permits local governments to impose conditions on approved permits that effectively establish sales price for up to 30 percent of residential development or limit purchase to class or group of purchasers in exchange for one or more developer incentives.

This bill was the source of a lot of angst this session - with rent control advocates mentioning the need for rent control during the House Floor debate on this bill.  In the Senate rent control advocate drafted a rent control amendment (dash 5) - amendment defeated by just one vote in committee.

HB 2573 - Authorizes residential tenant to install on premises and use electric vehicle charging station for personal, noncommercial use.  Likely to be re-visited in Feb 2016.

HB 3494 - Prohibits landlord from requiring applicant or tenant to declaw or devocalize animal otherwise allowed on premises or to advertise in manner that discourages application from potential applicant with otherwise allowed animal that has not been declawed or devocalized.  Fine up to $1,000.

HB 3076A - Requires Oregon Health Authority to analyze ground water contaminant data and provide education in problem areas.  Would have increased reporting requirements for manufactured home communities operating wells.  Likely to be re-visited in Feb 2016.

HB 3081 - Directs Department of Consumer and Business Services to adopt by rule standards to address conflicts of interest of manufactured structure dealers that are also residential landlords.

HB 3129 - Authorizes tenant to whom real estate has been leased by landlord to install and use electric vehicle charging station for personal, noncommercial use.

SB 592 - Repeals law that prevents local governments from imposing conditions on approved permits that effectively establish sales price for residential development or limit purchase to class or group of purchasers. 

This bill became the vehicle for a proposed Legislative Work Group on Manufactured Housing.  This amendment was defeated in committee by one vote. 

Financing Your Community

Feature Article: Anthony J. DiMarco and Gerard D. DiMarco

Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of the financial markets over the past 25 years, and the impact these fluctuations have had on available loans has been huge. In this article we will address some of the important issues that community owners may face during the lending process.

Lenders are back after the credit crunch of a few years ago

Since the financial crisis that began around 2007, the capital markets began to slowly re-emerge in late 2010 and early 201 for manufactured home community lending on a wide scale. Today's lending market, combined with historically low interest rates, is the strongest it has been in years. Lenders are eager to provide long term fixed rate, non-recourse loans with 30 year amortizations on manufactured home communities. We are currently helping a customer refinance a five year commercial mortgage-backed security (CMBS) loan that closed in March 2010 (our records indicate it was one of the nation's first CMBS loan post financial crisis) with a ten year fixed rate loan at less than 4.25%. The existing loan the borrower is paying off had a rate of 6.5%.

A few other real world examples include recently helping a client lock a ten year fixed rate loan at 3.51%! Additionally, another client just secured a 4.2% long term fixed rate, replacing a rate of 6.5% from the previous note. The market has improved dramatically!

There are currently numerous lending platforms and options available for community owners including conduit lenders (CMBS), life insurance companies, Fannie Mae, Freddie Mac, credit unions, and traditional bank loans. There are also a wide range of product options and features available in today's financial market including bridge lending, short term floating rate debt, interest only, mezzanine debt, and flexible prepayment options. With so many options available, finding loan that suits your specific needs as a manufactured community owner is possible.

How to obtain a mortgage

There are two major components that lenders review when analyzing a loan request; the guarantor, and the property itself. On the guarantor side, most lenders look for an individual to have a credit score of at least 600 and a sufficient net worth. Even though most of the loans we offer are non-recourse, our lenders still look for those minimum requirements. On the property side, as a general rule, our lenders require a minimum loan amount of $500,000, a minimum debt service coverage ratio of 1.25x, and paved roads. There are also numerous aspects to manufactured home communities that make them unique compared to other asset classes.

Every community can qualify for a loan!

We have financed deals with low occupancies, private utilities, and low populations. However, having a better understanding of what lenders prefer can be helpful in assessing your property, or a potential acquisition, in preparation for a new loan. The type of loan and benefits of the mortgage depend on the checklist" of items a lender reviews. Some of the key components that determine the rate and terms of a loan include:

• Community quality
• Borrower experience and equity
• Loan-to-value (LTV)
• Financial and occupancy trends of the property
• Infrastructure quality - roads

Financing Your Community

Feature Article: Anthony J. DiMarco and Gerard D. DiMarco

Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of the financial markets over the past 25 years, and the impact these fluctuations have had on available loans has been huge. In this article we will address some of the important issues that community owners may face during the lending process.

Lenders are back after the credit crunch of a few years ago

Since the financial crisis that began around 2007, the capital markets began to slowly re-emerge in late 2010 and early 201 for manufactured home community lending on a wide scale. Today's lending market, combined with historically low interest rates, is the strongest it has been in years. Lenders are eager to provide long term fixed rate, non-recourse loans with 30 year amortizations on manufactured home communities. We are currently helping a customer refinance a five year commercial mortgage-backed security (CMBS) loan that closed in March 2010 (our records indicate it was one of the nation's first CMBS loan post financial crisis) with a ten year fixed rate loan at less than 4.25%. The existing loan the borrower is paying off had a rate of 6.5%.

A few other real world examples include recently helping a client lock a ten year fixed rate loan at 3.51%! Additionally, another client just secured a 4.2% long term fixed rate, replacing a rate of 6.5% from the previous note. The market has improved dramatically!

There are currently numerous lending platforms and options available for community owners including conduit lenders (CMBS), life insurance companies, Fannie Mae, Freddie Mac, credit unions, and traditional bank loans. There are also a wide range of product options and features available in today's financial market including bridge lending, short term floating rate debt, interest only, mezzanine debt, and flexible prepayment options. With so many options available, finding loan that suits your specific needs as a manufactured community owner is possible.

How to obtain a mortgage

There are two major components that lenders review when analyzing a loan request; the guarantor, and the property itself. On the guarantor side, most lenders look for an individual to have a credit score of at least 600 and a sufficient net worth. Even though most of the loans we offer are non-recourse, our lenders still look for those minimum requirements. On the property side, as a general rule, our lenders require a minimum loan amount of $500,000, a minimum debt service coverage ratio of 1.25x, and paved roads. There are also numerous aspects to manufactured home communities that make them unique compared to other asset classes.

Every community can qualify for a loan!

We have financed deals with low occupancies, private utilities, and low populations. However, having a better understanding of what lenders prefer can be helpful in assessing your property, or a potential acquisition, in preparation for a new loan. The type of loan and benefits of the mortgage depend on the checklist" of items a lender reviews. Some of the key components that determine the rate and terms of a loan include:

• Community quality
• Borrower experience and equity
• Loan-to-value (LTV)
• Financial and occupancy trends of the property
• Infrastructure quality - roads

By:  Ken Pryor, Program Coordinator, Oregon Housing & Community Services, Manufactured Communities Resource Center

Mediation:

To anyone that owns or manages a manufactured home park, conflict is a given, a part of the landscape and as common as breathing. However, as familiar as we are with conflict, many might conclude the value of time invested in conflict pales in comparison to the value of the fistful of other urgent park duties and priorities. This short article is to remind park managers and owners of an inexpensive tool to help resolve conflict, build relationships and save everyone involved time and money.  Of course I'm speaking of mediation, but before going further, allow me to assure you I am not coming from a hypothetical, altruistic, touchy feely"

Financing Your Community  

By:  J. DiMarco and Gerard D. DiMarco

Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of the financial markets over the past 25 years, and the impact these fluctuations have had on available loans has been huge. In this article we will address some of the important issues that community owners may face during the lending process.

Lenders are back after the credit crunch of a few years ago

Since the financial crisis that began around 2007, the capital markets began to slowly re-emerge in late 2010 and early 201 for manufactured home community lending on a wide scale. Today's lending market, combined with historically low interest rates, is the strongest it has been in years. Lenders are eager to provide long term fixed rate, non-recourse loans with 30 year amortizations on manufactured home communities. We are currently helping a customer refinance a five year commercial mortgage-backed security (CMBS) loan that closed in March 2010 (our records indicate it was one of the nation's first CMBS loan post financial crisis) with a ten year fixed rate loan at less than 4.25%. The existing loan the borrower is paying off had a rate of 6.5%.

A few other real world examples include recently helping a client lock a ten year fixed rate loan at 3.51%! Additionally, another client just secured a 4.2% long term fixed rate, replacing a rate of 6.5% from the previous note. The market has improved dramatically!

There are currently numerous lending platforms and options available for community owners including conduit lenders (CMBS), life insurance companies, Fannie Mae, Freddie Mac, credit unions, and traditional bank loans. There are also a wide range of product options and features available in today's financial market including bridge lending, short term floating rate debt, interest only, mezzanine debt, and flexible prepayment options. With so many options available, finding loan that suits your specific needs as a manufactured community owner is possible.

How to obtain a mortgage

There are two major components that lenders review when analyzing a loan request; the guarantor, and the property itself. On the guarantor side, most lenders look for an individual to have a credit score of at least 600 and a sufficient net worth. Even though most of the loans we offer are non-recourse, our lenders still look for those minimum requirements. On the property side, as a general rule, our lenders require a minimum loan amount of $500,000, a minimum debt service coverage ratio of 1.25x, and paved roads. There are also numerous aspects to manufactured home communities that make them unique compared to other asset classes.

Every community can qualify for a loan!

We have financed deals with low occupancies, private utilities, and low populations. However, having a better understanding of what lenders prefer can be helpful in assessing your property, or a potential acquisition, in preparation for a new loan. The type of loan and benefits of the mortgage depend on the checklist" of items a lender reviews. Some of the key components that determine the rate and terms of a loan include:

• Community quality
• Borrower experience and equity
• Loan-to-value (LTV)
• Financial and occupancy trends of the property
• Infrastructure quality - roads

Update:  Last week the MHCO Board decided unanimously to make a major contribution to  "Say No To Rent Control".  This coalition will be working to overturn the new Portland City Code.  The MHCO Board believes that any trespassing on landlord's ability to raise raent needs to be strongly rebuked.  MHCO will be working with attorney John DiLorenzo at Davis, Wright, Tremaine LLP.  MHCO will keep you up to date as we move forward with this litigation.

In the meantime, MHCO Attorney Phil Querin has thoroughly analyzed the new code and provided a complete analysis of the new law.

By Phil Querin

Background.  On October 7, 2015, the City of Portland amended its Code to address what it believes is a shortage of available housing units for rent.  What is unique about this move is that it is directed not only at Federal or State subsidized rentals, but all rentals, whether they fall into the category of affordable housing" or not.  In order to accomplish this