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The Fair Housing Act and Section 504 of the Rehabilitation Act prohibit housing providers from denying or limiting housing to persons with disabilities and from refusing to make reasonable accommodations in policies or practices.

The case came to HUD’s attention when the resident, who uses a wheelchair, filed a complaint alleging that his request for an assigned parking space in the development’s garage had been denied. The resident claimed that the owners and manager subsequently allowed him to park in non-assigned accessible spaces in the garage, but they denied him the key that’s necessary to enter the garage and to use the elevator. As a result, each time the resident wanted to enter the garage, he allegedly had to wait for another resident to open the gate, then follow that person in so he could use the elevator. The housing providers denied that they discriminated against the resident.

“To a person with mobility limitations, a designated parking space can mean the difference between merely living in a development and truly being able to call a place home,” Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity, said in a statement. “HUD will continue working to ensure that housing providers meet their obligation to grant the reasonable accommodations persons with disabilities need and are entitled to under the law.”

According to the American Psychological Association, “Don't let your fear of meddling in someone else's business stop you from reporting your suspicions. You could be saving someone's life. . . ”

You can help. You do not need to evict. You can help your abused resident oust the abusive caregiver immediately.  You can report, help with “move-out” orders, “stay-away” orders, and other relief for your abused residents in your parks. 

■ California Mobilehome Residency Law’s 

Absence of Protection for Seniors Can be 

Supplemented with Management Help (E.g., 

Elder Abuse and Dependent Adult Civil Protection

Act (EADACPA), Domestic Violence Prevention Act (DVPA)

     The common wisdom is that evicting an abusive co-occupant, even a criminal, is fraught with difficulty and uncertainty. But the elder subject to an abusive caregiver, or other abusive household members, can seek an order to oust them by court order and without notice. The California Mobilehome Residency Law (Civil Code §§798, et seq.) (“MRL”) is no help here. The MRL is a prime enabler of elder abuse by its “hands off” policy to any occupants, and its unintended consequences welcome every predatory opportunist who cajoles his or her way into a senior’s coach. This while management is handcuffed from interceding with prevention, remedies, or even effective detection. But if we choose, we can do plenty to help the resident once we know.

     Evictions take forever.  Management must always wait for a 60 day notice to expire (once prepared and served) to even file suit to evict the abuser. That 60 day period enables the abuser to intimidate, terrify and coerce witnesses not to testify. Horrified, residents take shelter, lock themselves in and become prisoners in their homes. When WMA introduced legislation to evict such violent criminals, the State Senate Judiciary Committee killed the bill: not enoughreason to give management this remedy. So, the park owner’s hands remain tied for 60 days after notice of termination of possession based on outrageous abuse or even dangerous felonies (all on a “substantial annoyance” grounds) if anyone will testify as to the annoyance. But an at-risk elderly frail resident can go to court nowand obtain a “move-out” order without notice. We, as management, can educate and help.

     Move-Out Order Issue NOW- Without Notice.  In summary, management can assistthe abused or harassed senior and help get to court and get the abusive caregiver out NOW. Many residents cannot afford a lawyer, and often, it is the family that is responsible for the abuse. Management can do more than report. Maybe senior protective services will respond, maybe not. But court forms are designed for non-lawyers. We can help with these preprinted forms–and attend court with the resident, offer to be a witness, and also report to the police, County agencies and other family. As for courts, there are no filing fees or service costs.

     As the numbers of elder victims climbs, understanding management options will become a customary “best” management practice: a sign of good quality management, and a reflection of care and concern for frail and vulnerable residents. Actively enhancing lifestyle and atmosphere has always been a hallmark of the manufactured housing industry. 

     We can help end pain and misery to elder abuse victims of caregivers, family and deceitful predators. There are ways to bring immediate relief to desperate, life-threatening situations which usually are never detected, and which the Mobilehome Residency Law does not allow a park owner to initially prevent.

■ The Scope of the Mushrooming Epidemic:

For Every Reported Elder Abuse Case, 24 More are Unreported.

     The New York State Elder Abuse Prevalence Study found that for every case known to programs and agencies, 24 were unreported. Another reports that 1 in 10 older adults report emotional, physical, or sexual mistreatment, or neglect. Often, physical, emotional or psychological abuse accompanies financial abuse. Neglect and abandonment, for example, when the kids get a power of attorney and ability to withdraw money. 

     For about 40 years now, from 55+ to “all-age” parks, owners and management bring me problems that they observe or their residents bring to them. This is because of genuine concern, not out of sense of legal duty or obligation.  Because they care.       

■ Warning Signs and Indicators of Caregiver Elder Abuse.

     Watch for the following from your residents. There are signs that elder abuse may be occurring at the hands of the caregivers residing on the space. Bear in mind that the homeowner may not be capable of telling us of the abuse. The elder may also be ashamed, fearful of retaliation or punishment, or somehow assuming some of the blame for his or her own condition. 

     Who are The Exploitive and Abusers?  They May be Closer Than They Appear.

■        Family members, abusive children, nieces, nephews, past or present paramours, homeless 

■        Caretaker/caregiver/care custodian - any person who has the care, custody, or control of or who stands in  position of trust with, an elder or a dependent adult.

■        Banks, mortgage brokers, lenders

■        Insurance companies and their agents

■        Financial advisors and life agents

■        Trust mills

■        Real estate agents, title and escrow companies

■        Attorneys (and others holding themselves out as having legal expertise–tax preparers, paralegals, assistants, J.D. graduates)

■        Scams – lotteries, sweepstakes

■        Home repair, unsolicited work

■        Sweetheart scams

SUMMARY OF SIGNS OF ELDER ABUSE

Physical Abuse

■ Unexplained signs of injury such as bruises, welts, scars, broken bones or sprains

■ Report of drug overdose or apparent failure to take medication regularly

■  Signs of being restrained, such as rope marks on wrists

■  Caregiver's refusal to allow you to see the person alone

■ Physical or chemical restraints for caregiver's convenience 

■ Repeated unexplained injuries

Emotional Abuse

■ Threatening, belittling, or controlling caregiver behavior that you witness

■ Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling

■ Uncommunicative and unresponsive

■ Unreasonably fearful or suspicious 

■ Lack of interest in social contacts

■ Evasive or isolated 

■ Unexplained or uncharacteristic changes in behavior

■ Unexplained venereal disease or genital infections

■ Torn, stained, underclothing

Financial Exploitation

■ Significant or unauthorized withdrawals from the elder's accounts

■ Sudden changes in the elder's financial condition

■  Items or cash missing from the household

■ Suspicious changes in mobilehome title, legal owner, wills, power of attorney, titles, and policies

■ Addition of names to the elder's signature card

■ Unpaid bills or lack of medical care, although the elder has enough money to pay for them

■ Financial activity the elder couldn't have done, such as an ATM withdrawal by a bedridden account holder

■ Unnecessary services, goods, or subscriptions

■ New caregiver cars in the driveway; new high frequency of deliveries

■  Evidence of inadequate care when bills are paid in full

Elders May Contribute to Abuse, Secreting of Abuse, Fail to Recognize or Report

■  May lack cognitive ability to recognize abuse and/or their rights to safety and protection 

■ May be in denial; distorted view of treatment

■ May not have functioning neuro-pathways; not feeling normal pain, discomfort

■ May be incapacitated– unable to message out

■ Are often reluctant to report or prosecute

■ “Report me and I will put you in a home”

■ Afraid of removal from home

■ Fear of retribution

■ Dependence on others to assist with activities of daily living and personal care;

■  Communication or physical impairments which may limit ability to verbally or physically defend against a perpetrator and disclose abuse

■ FIVE (5) IMMEDIATE ACTIONS TO CONSIDER NOW:

★  CONTACT FIRST RESPONDERS: USUALLY, ADULT PROTECTIVE SERVICES.

                        ■             Adult Protective Services (“APS”) can provide investigations, needs assessments, remedial and preventative social work activities, food, transportation, emergency shelter.

■          Cross report to police for criminal restraining orders.

■          State mandates that each County establish a 24/7 emergency response adult protective services program to take and investigate reports of abuse of an elder or a dependent adult. Cal. W&I Code §15763)

■          “Protective services” include investigations, needs assessments, remedial and preventive social work activities; the necessary tangible resources such as food, transportation, emergency shelter, and in-home protective care; the use of multi-disciplinary teams; and a system in which reporting of abuse can occur on a 24- hour basis. (Cal. W&I Code §15760).

Keep Adult Protective Services Honest–Insist They Do Their Jobs: Mandatory Effort to Investigate

■          When an allegation of abuse of an elder or dependent adult is reported; and,

■              The agency social worker has reason to believe an elder or dependent adult has suffered or is at substantial risk of abuse pursuant to  Cal. W&I Code §15630; 

■          The social worker is required to attempt to obtain consent to:

–          enter and meet privately with the elder or dependent adult in the residence or dwelling in which the elder or dependent adult resides, 

–          without the presence of the person's caretaker, attendant, or family or household member, unless the person requests the presence of the attendant, care giver, or family member, or refuses to meet with the social worker. (Cal. W&I Code §15762)

■          APS action requires victim consent unless a Penal Code violation has been alleged. Cal.  W&I Code § 15636)

■          If the victim is incapacitated and cannot legally give or deny consent to protective services, APS may initiate a petition for temporary conservatorship.

★  HELP RESIDENT GET ORDER TO IMMEDIATELY OUST THE ABUSER. 

The courts make the applications, declarations and orders available as consumer friendly forms. No lawyers needed. Lawyers may be helpful in many circumstances. But do not let the absence of a lawyer stop a valid  application to the court from being made. 

Help the resident obtain a Move-Out Order (“Elder Abuse Restraining Order”) under the Elder Abuse and Dependent Adult Civil Protection Act. Originally, the Elder Abuse Act was designed to encourage the reporting of abuse and neglect of elders and dependent adults and continues to be a major component of the Elder Abuse Act as it stands in its current form today.

            The Elder Abuse Act now permits and even requires certain heightened remedies subject to statutory criteria and limitations, including attorney's fees, punitive damages, pain and suffering damages even after the abused elder's death, and fees for a conservator who successfully brings an elder abuse claim.

■          EADACPA allows a court to issue an order protecting an elder or dependent adult from further abuse by an individual including ordering a move-out from the property.  Cal. W&I Code §15657.03(c) provides that an order may be issued with or without notice, to restrain any person for the purpose of preventing a recurrence of abuse, if a declaration shows, to the satisfaction of the court, proof of a past act or acts of abuse of the petitioning elder or dependent adult. 

The evidence of past abuse is sufficient even without a particularized showing of evidence or risk that  wrongful acts will continue or be repeated.

■          Does Your Resident Qualify? In order to obtain an Elder Abuse Restraining Order, or EARO, the person requesting the order:

■          Must be an elder or dependent adult;

■          Must have suffered abuse.

■               An “Elder” is one who is 65 years of age or older.

■          For a Move Out Order, Must be a Legal or equitable Owner, and Defendant cannot be sole owner. 

■          Also included is the “Dependent Adult”, defined as a person between the ages of 18 and 64 who has physical or mental limitations that restrict the person's ability to carry out normal activities or to protect his or her rights.

■          If the Resident hires counsel, there is an entitlement to attorney’s fees. No reason park owner cannot supply counsel with reimbursement agreement. There is a right to recovery of attorney’s fees.

■          Does Your Resident Qualify for a Move Out Order?  The court may issue a restraining order excluding the abusive caregiver (including family members) from the resident’s home on a showing of the following:

■          Proof that the resident has a right of possession.

■          Proof that the abusive caregiver assaulted or threatens to assault the resident or other named family or household member including a conservator.

■          Proof that physical or emotional harm would otherwise result to the person to be protected.

■           After the restraining order is issued (without notice), the court may issue, after notice and hearing, an order excluding a person from a residence or dwelling if the court finds that physical or emotional harm would otherwise result to the petitioner, other named family or household member of the petitioner, or conservator of the petitioner.

■          An order excluding the abusive caregiver from the dwelling is permitted, except not if legal or equitable title to, or lease of, the residence is in the sole name of the abuser, or is in the name of the party to be excluded and any other party besides the petitioner. Cal. W&I Code §15657.03 (b) (3) (B).

The courts provide pre-printed forms. This makes it easier to go to court and get the orders. The courts are familiar with the forms and often provide relief with the right language. Of course, management can assist in the preparation of the papers, if the resident is unable to do so in a winning fashion. 

The law states that (Cal. W&I Code §15657.03(d)) on filing a petition for protective order, “the petitioner may obtain a temporary restraining order.” The law says that an injunction is available without notice if:

■          It appears that great or irreparable injury will result before the matter can be heard on notice. 

■          The resident or his or her attorney certifies one of the following: 

–          That within a reasonable time prior to the application the applicant informed the opposing party or the opposing party's attorney at what time and where the application would be made. 

–          That the applicant in good faith attempted but was unable to inform the opposing party and the opposing party's attorney, specifying the efforts made to contact them. 

–          That for reasons specified the applicant should not be required to so inform the opposing party or the opposing party's attorney.

Note, that the court may grant a an elder abuse restraining order on a preponderance of the evidence.

★         HELPKICK-OUT THE ABUSER!!

(DOMESTIC VIOLENCE PREVENTION ACT– DVPA). 

Your resident may seek a DVPA “move-out” order to immediately oust the abusive, dangerous or harassing caregiver. The “kick out” order forces an ouster of an abusive caregiver.  An order can be issued to restrain contact either directly or indirectly:

■         By mail or otherwise, 

■         Coming within a specified distance of, or

■         Disturbing the peace of the other party.  Cal.Family Code §6320, 6211.

            The law provides that a court may issue an order, without notice, to exclude a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child to be protected from domestic violence. “Domestic violence” is abuse perpetrated against spouses, co-habitants, children and blood relatives within the second degree.  But the order may issues regardless of the owner of the property. 

            Types of “domestic violence protective orders” includes an order enjoining specific acts of abuse (Cal.Family Code §6320), excluding a person from a dwelling (Cal.Family Code §6321) and enjoining other specified behavior. (Cal.Family Code §6322).

■         For an order excluding a party from a dwelling, the following proof is required:

--         The resident has a right to possess the mobilehome; 

--         The resident’s spouse or significant other has assaulted or threatened to assault the abused resident,  child, or any person that is under the resident’s care, custody, and control;

--         If the exclusion order were not granted, physical OR emotional harm would otherwise result. 

While title ownership is not required, still, the relationship to the victim is a requirement must be established.  The resident must reasonably show that if the order were not granted, that physical or emotional harm would otherwise result to the other party, to any person under the care, custody, and control of the other party, or to any minor child of the parties or of the other party. (Cal.Family Code §6321)

■   What is  “Abuse”within the meaning of the DVPA? (Cal.Family Code §§6203 (a), (b), (c), (d).)

--         Intentionally or recklessly causing or attempting to cause bodily injury; or

--          Sexual assault; or

--         “Reasonable apprehension” of imminent serious bodily injury to person or

 another; or

--         Engaging in any behavior that has been or could be enjoined

 (Cal. Family Code  §6320).

Thus, the requisite “abuse” need not be actual infliction of physical injury or assault.

★         HELPGET A HARASSMENT INJUNCTION!! 

CAL. CODE OF CIVIL PROCEDURE §527.6

Civil injunctive scheme has a separate procedure to prevent civil harassment to prevent unlawful violence, threats of violence and suffering of emotional distress. (Cal. Code of Civil Procedure §527.6).

■   Court forms are available: ttp://www.courts.ca.gov/documents/ch100.pdf

■   Civil injunction requires demonstrating imminent irreparable harm, probability of success on the merits and a balancing of equities. An elder who has suffered financial abuse may seek a protective order, including a TRO:

            --         Enjoining someone from abusing, intimidating, molesting, attacking, stalking, threatening, sexually assaulting, battering, or harassing the petitioning elder,

            --         Preventing the destruction of the elder’s personal property, and

            --         Excluding someone from the elder’s home.

            ■   Family members residing in the home with the elder and caregivers can be added as protected parties to receive the full protection of the temporary restraining order.

★         HELPARREST A “SHORT TERM” ABUSER, GET JUDGMENT FOR POSSESSION FOR LONGER TERM ABUSER (CAL. CIVIL CODE §1946.5)

■              If there is a single lodger in the home:  Your resident can seek to oust the abusive occupant, boarder, lodger or caregiver.  Cal. Civil Code §1946.5 applies, only, if requirements are satisfied.

            --         The mobilehome must also be occupied by the resident; 

            --         The resident retains a right of access to all areas of the mobilehome and have overall control; 

            --         The abusive person is the sole, other, occupant, and 

            --         The abusive person must have contracted either for room, or room and board.

            ■         If all of the above conditions apply, the law prescribes an expedited procedure to bring about the removal of the lodger.The resident may terminate tenancy by serving written Notice of termination. The length of time must be equal to the tenancy period (e.g., 30 days for a month-to-month).  Note the occupant has no tenancy rights and is not subject to the MRL. 

            ■         At the expiration of the required Notice period, the resident must file an action for unlawful detainer. For short term occupants, the occupant can also be arrested if required conditions are met. A private person's arrest is authorized, on condition, for violation of Penal Code §602.3 (an infraction). 

            ■         In summary, if the situation involves a single occupant, the resident can make a private person arrest for Cal. Penal Code §602.3 in lieu of proceeding through the eviction process.  Penal Code§602.3 states:

  (a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a Notice terminating the hiring, and expiration of the Notice period, provided in Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to Section 837, be arrested for the offense by the owner, or in the event the owner is represented by a court-appointed conservator, executor, or administrator, by the owner's representative. Notwithstanding Section 853.5, the requirement of that section for release upon written promise to appear Shall not preclude an assisting peace officer from removing the Person from the owner-occupied dwelling unit.

(b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (a) is not a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure and Shall not be a basis for civil liability under that section.

            * * * 

            (f) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

■              No “Good Samaritan” standing:  Management is not entitled to be a party to assist the resident. But we may be of assistance and help save a life. 

There is no “Good Samaritan” standing to help an abused senior escape elder abuse. A park owner cannot assert claims directly for residents. Management can report claims and keep up the pressure to insist on positive and prompt action. As revealed by various cases of recent elder abuse, not even the agencies touting their dedication to ending elder abuse take any action in very clear cases. 

There are limits as to who may have standing to bring an elder abuse action on behalf of an alleged victim during the elder’s lifetime.

            The EADACPA supports third-party standing for certain representativesto bring an elder abuse claim on behalf of an abused elder while he or she is still alive. Such as conservators. But not many others, including concerned family members. There is also no “Good Samaritan” standing, which would allow concerned persons to intercede and seek relief.

★         YOUR RESIDENT HAS THE RIGHT TO DEMAND RETURN OF PROPERTY

WRONGFULLY TAKEN–ITSELF AN ACT OF ELDER ABUSE¹

■         The elder or a “representative of the elder” may demand the return of real or personal property from a person or entity who took, secreted, appropriated, obtained, or retained, or assisted in those acts when the elder or dependent adult lacked capacity or was of unsound mind.

■        The failure to return the property on demand gives rise to a separate claim for financial elder abuse, even if the original taking was not financial elder abuse within the meaning of EADACPA.

★        DEFINITIONS, LAWS, REGULATIONS, FURTHER INFORMATION 

              ■  What is Elder Abuse??  

Cal. W&I Code§15600 et seq.defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. This definition applies to elders and dependent adults. Cal.W&I Code§15610.63:  

As defined by Penal Code, “physical abuse” includes: 

■  Assault, battery, sexual assault, battery or rape, 

■  Prolonged or continual deprivation of food or water,

■  Use of physical or chemical restraints for punishment,

    convenience, or without or beyond the scope of the doctor's order.

■  What Is “Neglect” And “Self-Neglect”?

“Neglect”means either of the following:

■ The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

■  The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.

■  Neglect includes, but is not limited to, all of the following:

■  Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

■  Failure to provide medical care for physical and mental health needs.

■  Failure to protect from health and safety hazards.

■  Failure to prevent malnutrition or dehydration.

■ Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4) for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

         ■  What is “Isolation” ? 

“Isolation”means any of the following:

■ Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.

■  Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.

■ False imprisonment, as defined in Section 236 of the Penal Code.

■ Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.

         ■  What is “Financial Elder Abuse”?

“Financial abuse”of an elder or dependent adult occurs when a person or entity does any of the following:

■  Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

■ Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

■ Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence.

■ A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.

■ A person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

■  Watch for “Powers of Attorney”  as Another Form of Elder Abuse

Powers of attorney are a frequent tool of abuse. These are low cost, easy to execute, can grant very broad powers and available on the internet without the need for legal counsel. The “POA” often grants the agent the same broad general powers of a Trustee but, unlike revocable trusts, generally lack provisions defining duties owed by the agent to the principal.  Because general POAs are not tied to particular assets, there may be multiple conflicting instruments empowering multiple agents.

■  Care-Giver Cannot Take from Estate of Deceased Resident 

California  law prohibits bequests to caregivers–they are barred from receiving anything from a homeowner.   A caregiver cannot move in with the hope of convincing residents to give them property after death. Cal. Probate Code §§21360 -21392. A caregiver, or "care custodian,"  means any ". . . person providing health services or social services. . . " Cal. W&I Code §15610.17(y). Fraud or undue influence is presumed if a bequest is made. Cal. Probate Code §21380(a)(3). The bequest is invalid.

Caregivers Can Steal Our Residents Blind (and do). Do they try to be signed on title for a "quick flip" of the mobilehome? Nothing stops that. And management must approve the buyer and not interfere with a sale. 

■ Conclusion: Make A Difference 

The expansive rights of “care-givers” and “companions” is a product of a pro-mobilehome-resident legislature that actively prevents park owners from ejecting even serious criminals. Moreover, the potential for resident abuse is drowned out by claims that owners will abuse such a remedy. So, the needy continue to suffer for sake of appeasement of tenants, who oppose anythinga park owner proposes. Usually, we do not evict without resident support. 

Plainly, the probability of resident abuse increases as the numbers of retirees grows in leaps and bounds. These people live in your parks. The additional occupant has an open invitation for interloping, domineering, and controlling the frail resident.  All these visitors–usually abusive family--are empowered to quash the free will of your frail resident, take the check book and lock them away. And the MRL provides no management rights to approve, affect or detect elder abuse. Management has no ability to intervene even if requested by a resident.

Watch for signs of elder abuse. Report it. You could be saving someone's life. Remember: The resident has five (5) options which can be pursued as soon as discovered.

Management’s powers of observation are therefore needed to report and persistently complain if needed. When objective evidence tells your instincts that something is “just not right,” report it and ask questions. Legally, is there a duty to do so? Absolutely not. But that is not us. We are in business to serve.

The Department of Justice has announced a settlement of a case involving an Indiana manufactured home community for violations of the federal Fair Housing Act. The $130,000 fine settles a federal lawsuit filed in May 2015, wherein the owner of a 173-lot manufactured home community in Crown Point, Indiana, was alleged to have violated the Fair Housing Act by refusing to allow families with children to live at the community.

"The Fair Housing Act guarantees families with children the right to choose a home without facing unlawful barriers of discrimination," said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division.  "The Justice Department will continue its vigorous enforcement of the Fair Housing Act to ensure that equal access to housing - a bedrock of the American dream - remains a reality for all families in our country."

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. 

From Chicago Tribune (3-23-26):

Crown Point mobile home park accused of violating federal law by not allowing children to live there has agreed to stop its ban and to pay $130,000.

Gentle Manor Estates, at 1350 E. North St., reached a consent decree agreement with the federal government to settle a lawsuit filed in May against the mobile home park's policy of not renting homes to families with children.

According to court records, the U.S. Department of Justice had two "testers" call Gentle Manor in September 2014 to see if it would lease homes to those with children. When a woman called saying she, her husband and their child wanted to lease a home, Gentle Manor told her they didn't allow anyone younger than 40 to live there, including her child, records show.

Another tester, a man who said he would live by himself and was older than 40, was told he could lease a home.

For people with previous experience in the industry, this lesson offers a refresher—and a way for management to ensure that everyone is on the same page when it comes to your community’s commitment to treating everyone fairly, regardless of race, color, or any other characteristic protected under federal, state, or local fair housing law.

In this lesson, we’ll start with an overview of fair housing law: what it says and who it covers. Then, we’ll offer seven rules so that everyone understands how to recognize—and avoid—the pitfalls that can lead to fair housing trouble. Finally, you can take the Coach’s Quiz to see how much you’ve learned.

7 RULES FOR COMPLYING WITH FAIR HOUSING LAW

Rule #1: Get to Know Fair Housing Law

The Fair Housing Act (FHA) is a federal law that bans housing discrimination nationwide based race, color, religion, national origin, sex, disability, and familial status. These seven factors are also known as “protected classes.” Most are self-explanatory, but the law defines some of these terms in ways that make it more complicated than what it seems.

Race and color: The FHA bans discrimination based on both race and color, two separate but closely related characteristics. In general, race refers to a person’s physical appearance, while color refers to a characteristic of a person’s race. It’s possible to bring a discrimination claim based on race, color, or both, but in practice, fair housing claims based on color alone are rare.

National origin: The FHA bans discrimination based on national origin, which generally refers to the country where people or their ancestors were born. This broad category protects people from discrimination because they or their ancestors came from another country, because they have a name or accent associated with an ethnic group, because they don’t speak English, or because they are married to or associated with people from a particular country. In some cases, discrimination claims based on national origin are closely tied to claims based on race or color. For example, a community that shows a preference for members of a certain ethnic group, such as Korean people, could be accused of discrimination based on race, color, and national origin.

Religion: The FHA prohibits discrimination based on religion, which generally means that communities may not discriminate against members of a particular faith or belief system. It’s unlawful to treat people differently because they are members of a religious group or because they do—or do not—attend religious services. Though it clearly applies to members of established religions, the law may be broad enough to protect people who are not affiliated with a particular religion or don’t ascribe to particular religious beliefs.

Sex: The FHA bans discrimination based on sex, which generally means that communities may not exclude or otherwise discriminate against anyone based on that person’s gender. Traditionally, the ban on sex discrimination didn’t apply to discrimination claims based on sexual orientation, though advocates have been pressing for that to change.

Sexual harassment is a form of discrimination based on sex, and involves two types of unwanted sexual conduct:

• “Quid pro quo” (which means “this for that”) discrimination occurs when a resident is pressured to succumb to unwelcome sexual advances in exchange for either positive or negative treatment (such as getting a discounted rent or avoiding eviction for late rent payments).
• Hostile housing environment discrimination occurs when a resident is subjected to severe and pervasive sexual harassment that unreasonably interferes with the use and enjoyment of the premises.

Familial status: The FHA bans discrimination based on familial status, including families with minor children, though the law is broader than that. Under the FHA, the ban on discrimination based on familial status applies to households with one or more children under 18 years of age, where the child is living with:

• A parent;
• A person who has legal custody (such as a guardian); or
• Someone who has the written permission of the parent or legal custodian to care for the child.

The familial status provisions also apply to pregnant women and anyone in the process of securing legal custody of a child under 18.

There is an exception, which allows certain types of senior housing communities to lawfully exclude children. But the exception applies only if the community meets strict technical standards to qualify as “housing for older persons.” Unless they do so, communities may not simply declare themselves as “adult communities” or exclude families with children under 18 from living there.

Disability: Technically, the FHA bans discrimination based on “handicap,” but the term “disability” is now more commonly used. Under the FHA, “disability” generally means a physical or mental impairment that substantially limits one or more major life activity.

That applies to a wide range of physical and mental conditions, including visual and hearing impairments, heart disease and diabetes, HIV infection, and emotional illnesses. Examples of major life activities include seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking. In general, it’s unlawful to discriminate against anyone with a physical or mental impairment that’s serious enough to substantially affect activities of central importance to daily life—even if it isn’t obvious or apparent.

How does the law ban housing discrimination? The FHA bans housing discrimination by outlawing a broad range of discriminatory practices based on race, color, religion, national origin, sex, disability, or familial status. Discriminatory practices include:

• Refusing to rent or making housing unavailable;
• Falsely denying that housing is available for inspection or rental;
• Using different qualification standards or rental approval procedures;
• Applying different terms or conditions, such rental charges or security deposits;
• Discouraging prospects from renting a unit by exaggerating drawbacks or saying that the prospect would be uncomfortable with existing residents;
• Assigning residents to a particular section of a community or floor of a building;
• Providing different housing services or facilities, such as access to community facilities; and
• Failing to provide or delaying maintenance or repairs.

In addition, the FHA bans discriminatory statements that indicate a preference, limitation, or discrimination based on race, color, religion, national origin, sex, disability, and familial status. And the law also prohibits retaliation by making it unlawful to threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others who exercise that right.

Additional requirements related to disability. Compliance with fair housing law requires more than merely refraining from discrimination against individuals with disabilities. The law goes further to protect individuals with disabilities by making it unlawful to:

• Refuse to make reasonable accommodations in the rules, policies, practices, or services if necessary for the individual with a disability to fully use and enjoy the housing;
• Refuse to allow reasonable modifications to the unit or common use areas, at the applicant or resident’s expense, if necessary for the individual with a disability to fully use the housing; or
• Fail to meet the following accessibility requirements in the design and construction of rental housing with four or more units that were first occupied after March 13, 1991:

• Accessible entrance on an accessible route;
• Accessible common and public use areas;
• Doors sufficiently wide to accommodate wheelchairs;
• Accessible routes into and through each dwelling;
• Light switches, electrical outlets, and thermostats in accessible locations;
• Reinforcements in bathroom walls to accommodate grab bar installations; and
• Usable kitchens and bathrooms configured so that a wheelchair can maneuver about the space.

Rule #2: Learn Applicable State and Local Fair Housing Laws

The FHA applies nationwide, but rental housing communities also must comply with applicable state or local fair housing laws. About half mirror federal requirements, but many go further to ban discrimination based on:

Marital status: Nearly half the states prohibit housing discrimination based on marital status, which generally means being single, married, divorced, or widowed.

Age: Many state and local laws ban discrimination based on age, though there are significant differences in how the laws apply because of the way they define “age.”

Sexual orientation and gender identity: Many state and local fair housing laws ban discrimination based on sexual orientation; many, but not all, also cover gender identity or transgender status.

Source of income: Many state and local fair housing laws also cover lawful source of income to ban discrimination against people based on where they get their financial support. The specifics of the laws vary, but they generally apply to wages, retirement benefits, child support, and public assistance. Many, but not all, also cover housing subsidies, most notably Section 8 housing vouchers.

Military status: Some state and local laws offer some form of fair housing protection for military status. The laws generally prohibit discrimination against active duty members and veterans of the armed forces, reserves, or state National Guard.

Other protected classes: Some state and local laws ban discrimination based other factors, such as status as a survivor of domestic violence, genetic information, HIV status, lawful occupation, political beliefs or affiliation, student status, alienage or citizenship, personal appearance, or arbitrary personal characteristics.

Coach’s Tip: For more information on state and local fair housing laws, see the April 2019 lesson, “Complying with State and Local Fair Housing Laws,” available on our website.

Rule #3: Watch What You Say

What you say could come back to haunt you. Under the FHA, it’s unlawful to make statements that suggest a preference for—or against—anyone based on race, color, religion, national origin, sex, disability, or familial status. The rules apply to any statements—spoken or written—so you must be careful about what you say on the phone, in person, and any other form of communication with prospects, applicants, or residents.

You have to be careful about what you say because the rules don’t require proof of discriminatory intent. Statements are taken at face value to determine whether they suggest a preference for—or against—anyone based on race or any other protected characteristic. Unless you’re careful, you could face a fair housing complaint based on what you say, or write, or post—even if you didn’t mean to express a discriminatory preference.

Avoid making any stray remarks or asking questions that could get you into fair housing trouble. You might simply be curious—or trying to be friendly—but people can be easily offended if they think you’ve crossed the line by saying or asking something that you shouldn’t. Steer clear of comments or questions about how prospects look, what they wear, what their name is, or how they speak, because they all—in one way or another—touch on protected characteristics.

When meeting people from foreign countries or different cultures, for example, Sadovsky warns that you shouldn’t ask questions about their accent or clothing, even if you’re genuinely interested in knowing more about where they come from. Even though your intentions are good, the prospect may suspect that you have discriminatory reasons for asking questions related to her national origin.

Example: In 2014, a Massachusetts real estate broker was found liable for violating fair housing law by casually asking a prospect about her national origin. It happened during a meeting with a married couple when the broker—whose wife was Brazilian—asked the wife where she was from. Even though his question had no discriminatory intent and didn’t result in discrimination against the couple, the question itself violated fair housing law [Linder v. Boston Fair Housing Commission, February 2014].

Don’t ask people about their disabilities—even if you’re just trying to be helpful. With only limited exceptions, it’s unlawful to ask prospects questions about whether they or anyone associated with them has a disability, or about the nature or severity of a disability. When you’re talking with someone in a wheelchair, for example, Sadovsky says that you shouldn’t make any comments—or ask if their disability is permanent or what happened to them.

The same goes for anyone using a service animal or other disability-related assistive device. The law allows disability-related inquiries when necessary to respond to a reasonable accommodation request, but you must wait to be asked—you shouldn’t offer an accommodation if the prospect hasn’t asked for one.

Coach’s Tip: Find out what you should say if a prospect initiates a conversation about the personal attributes about the community’s residents or those living in neighboring units. You don’t want to inadvertently fall into the trap of discussing the type of people who live in your community during what seems like a casual conversation.

Rule #4: Watch Your Tone

It’s not only what you say, but how you say it that’s important when interacting with prospects, applicants, residents, and the general public. Of course, you have to abide by fair housing law, but there’s more to it than that.

It may seem simple, but you’re expected to act courteously and professionally when dealing with people—no matter what your job. All too often, simple “people skills” are overlooked during employee training, says Sadovsky. That’s too bad, she says, because more people file complaints because of the way they’re spoken to or treated than they do as a result of actual discrimination.

Sadovsky says that a lot of fair housing complaints could be softened—or avoided altogether based on how you handle problems. “The words you use and the behavior you choose can either lessen the complaint or pour gas on an already burning fire,” she says. 

It starts with baseline civility, like standing up to greet someone when she comes into your office. All too often, people don’t look up with they’re on the phone or their computer. Sadovsky says it can be a big problem in a busy office, where you might be with customers, or on the phone, or doing paperwork. But no matter how busy you are, you should always acknowledge people when they walk through the door. At the very least, you can look up and smile, so they know you see them and know that they’re there.

Don’t let personal beliefs, opinions, and judgments affect the way you treat people, particularly in initial encounters with prospects since you don’t know much about each other at that point. Of course, we all have the right to own own personal beliefs and opinions, so there’s nothing unlawful about judging people based on outward appearances. Nevertheless, you’ve got to be careful—even if you don’t say anything, your facial expressions or body language may give you away, triggering the perception of discrimination. That’s why you should be prepared to put on your “game face” when you get to work, so that you greet all prospects, applicants, and residents with the same cordial professional attitude, no matter who they are or what they look like.

Rule #5: Get Up to Speed ASAP

It’ll take time to learn your community’s standard policies and procedures, but it’s important to get up to speed quickly. Understanding the rules—and applying them consistently—helps reduce the likelihood that the community will be accused of acting in a discriminatory or arbitrary manner while dealing with prospects, applicants, or residents.

Let’s say your job is to answer the phones. Usually, the calls are from prospects who are responding to an ad or gathering information about the community. But a call could be a fair housing “tester,” who’s like a secret shopper, checking to see how your community treats people based on their race, national origin, or other protected class.

Example: In April 2019, the owner of a Maine rental property and its rental agent agreed to pay $18,000 to settle allegations that they denied housing to families with children.

The case came to HUD’s attention when a private fair housing organization filed a complaint accusing the owner and rental agent of discrimination based on familial status by refusing to negotiate with fair housing testers posing as families with children, posting discriminatory advertisements indicating that children weren’t allowed, and making discriminatory statements to fair housing testers.

Federal fair housing law prohibits housing providers from denying or limiting housing to families with children under age 18, including refusing to negotiate, making discriminatory statements, and publishing discriminatory advertisements based on familial status.

“It’s hard enough for families to find places to live that meet their needs without being denied suitable housing because they have children,” Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity, said in a statement. “HUD is committed to working to ensure that housing providers comply with their Fair Housing Act obligation to treat all applicants the same, including families with children.”

It’s important to answer calls in the same professional manner—and to provide the same information—because testers often check for differences in the quality and quality of information provided. Testers also look for differences in response times, but that doesn’t mean that every failed or delayed response is because of discrimination. It may be a simple oversight, but that’s not how it will look to a prospect—or a fair housing tester posing as a prospect.

Even without seeing a prospect, you could face a fair housing complaint if you treat people differently based on the way they speak. If you fail to return calls or give incorrect information about the availability of units because the caller sounds like he’s African American or has a foreign accent, you could trigger a discrimination complaint based on race or national origin.

Rule #6: Learn About Disability Rules

Applying standard rules and procedures is important, but there’s a catch: Fair housing law requires rental housing communities to make exceptions for individuals with disabilities under certain circumstances. Under the FHA, housing providers must consider requests for reasonable accommodations in policies, procedures, and services when necessary to enable an individual with a disability to fully use and enjoy the property.

For example, let’s say you’re answering the phone at a community that doesn’t allow pets. You must be careful how you answer if a caller asks about living there with an assistance animal. It would be a mistake to say no, the community doesn’t allow pets of any kind. Even if the community has a “no pets” policy, the community must consider a request for an exception to the policy as a reasonable accommodation when necessary to allow an individual with a disability to use and enjoy the home. 

Example: In 2017, a court upheld a ruling that the owner of an Oregon community had to pay a $9,000 civil penalty, along with nearly $170,000 in attorney’s fees and costs, for unlawfully denying reasonable accommodation requests for assistance animals.

The lawsuit was based on an investigation by a local advocacy group, which arranged for testers to call the community posing as prospective residents. The phone was answered by a friend of the community’s owner, who was covering the front desk in exchange for being allowed to live there. When the testers asked about living there with “therapy animals” or “assistance animals,” the friend initially said he’d have to check with the owner, but he later told them that the owner wouldn’t allow pets. After a series of proceedings, a court found the community liable for disability discrimination under federal and state fair housing law.

On appeal, the court affirmed, ruling that there was proof that the community denied the reasonable accommodation requests. The community, via the friend, heard that the callers wanted to keep assistance animals and immediately denied them a reasonable accommodation [Avakina v. Chandler Apartments LLC, July 2017].

Rule #7: When in Doubt, Ask for Help

It’ll take time to master all the policies and procedures that guide community operations, but in the meantime, don’t be afraid to ask questions if you’re unsure about how to deal with a given situation. Doing so just might save the community from a discrimination complaint.

Guessing what to do—or just winging it—because you don’t want to acknowledge that you don’t know what to do is a mistake. You should ask for guidance if you’re are unsure about how to handle a particular situation—and know who you can ask for help. For example, find out whether your community has a fair housing coordinator, a staff member who acts as the community’s in-house expert on fair housing matters. In most cases, the fair housing coordinator should be able to answer many questions—or know where to go to get the answers.

Coach’s Tip: You’ve got a lot on your plate getting up to speed, but be sure to follow the rules when it comes to the paperwork. In some ways, good recordkeeping is like a good insurance policy: It’s there to protect the community if, despite your best efforts to be careful and obey the rules, you run into a problem. Under the law, people have quite a long time to file to file a fair housing complaint. A complaint could come in months—or years—after the alleged discrimination occurred. Without the paperwork, how can you be expected to remember just what happened? Even if you do, it’s not as good as documentation created at the time of the events in question. Memories fade—stories change—so it gives the other side a leg up if the community can’t produce the records to back up your side of the story.

• Fair Housing Act: 42 USC §3601 et seq.
•  

Last month, HUD announced that the owners and managers of two California apartment complexes has agreed to pay $72,000 to resolve allegations of discrimination against a female resident with disabilities who requires an assistance animal.

The case came to HUD's attention when a Northern California fair housing group filed a complaint alleging that the owner and its agents discriminated against a resident who has a medical condition and requires a service dog. Allegedly, the animal alerts the resident when she is experiencing physiological changes and helps to ameliorate many of her disability-related symptoms.

The fair housing group also claimed the resident, who had lived at the property for more than 15 years, was subjected to discriminatory statements and retaliation due to the presence of her assistance animal, including false accusations that the animal was disruptive, that it bit maintenance workers, and that it was not a service animal under California law. The complaint claimed that the resident's Housing Assistance Program voucher was ultimately cancelled, forcing her to find housing elsewhere.

HUD reported that its subsequent investigation corroborated the resident's need for the dog and discovered written discriminatory statements made by the property managers. HUD found no evidence indicating that the animal was disruptive or had bitten anyone.

The settlement requires the owners and managers to pay $31,000 to the resident and to pay $41,000 to the fair housing group. Among other things, the owners also agreed to develop and implement a reasonable accommodation and reasonable modification policy consistent with fair housing law.

Landlords are required to provide a reasonable accommodation for individuals who require assistance animals

• |Published: Nov. 10, 2024, 6:00 a.m.

By Carlos Fuentes

While Democrats nationally react to stinging losses in the presidential race and U.S. Senate, Democratic lawmakers in Oregon received a boost in this fall’s election, flipping a key seat in the Legislature to expand their control in the state Senate.

However, the party appears to have failed to flip any seats in the House, leaving it just one seat short of regaining a powerful supermajority in both chambers, which would have allowed it to push through new taxes or increase existing ones without Republican support.

Although Democrats were widely expected to keep their legislative majority, it was less clear whether they could reclaim the three-fifths majority in both chambers they lost in 2022.

In the Senate, they managed to do so, flipping the Bend seat long held by former Senate Republican Leader Tim Knopp, who was barred from running for reelection for participating in a walkout during the 2023 legislative session.

Voters in that district had reliably supported Republicans for years before the map was redrawn in the wake of the 2020 census, turning it into what is likely to be a reliably blue district going forward. Democratic Bend City Councilor Anthony Broadman easily beat Redmond School Board Chair Michael Summers, a Republican, to claim the seat, with results as of Friday showing him up 59% to 41%.

“We are thrilled to be in the supermajority again,” Senate Majority Leader Kathleen Taylor, a Democrat from Southeast Portland, told The Oregonian/OregonLive. “Oregonians spoke up and said they wanted the Democrats to be running things, and they had the opportunity to make a different decision, but they absolutely chose the Democrats in a really strong way.”

Democrats didn’t fare quite as well in the House as four vulnerable House Republicans – Reps. Kevin Mannix, Tracy Cramer, Cyrus Javadi and Jeff Helfrich – all appeared to secure reelection.

Helfrich, the House Republican leader, led his Democratic opponent Nick Walden Poublon, a drug and alcohol prevention specialist, by just 1,000 votes as of Friday afternoon. The small margin separating the candidates comes despite Helfrich, who lives in Hood River, outraising his opponent $1 million to only $86,000.

While the race still remains too close to call, Helfrich, who trailed on election night, has since pulled ahead and extended his lead as more votes have been tallied.

Assuming results hold, Democrats will have an 18 to 12 supermajority in the Senate and a 35 to 25 majority in the House.

A Democratic supermajority in the Senate could have implications in next year‘s legislative session, in which lawmakers aim to create more funding sources to address a massive shortfall in Oregon’s transportation budget. However, Democrats’ failure to net any seats in the House could temper their power, especially since revenue bills must originate in the House and Democrats will need at least one Republican vote to pass any tax increases.

Democratic lawmakers are generally more supportive of tax increases than their Republican counterparts. For example, the 2019 Student Success Act, which raised corporate taxes to provide more funding for schools, passed with no Republicans voting in favor.

Officials say the need for more transportation funding is dire. The state transportation agency warned lawmakers earlier this year that it would have to lay off approximately 1,000 workers without more funding, and cities and counties have asked for increased state funding to better maintain their roads and traffic infrastructure.

Even when Democrats had a supermajority, “it definitely was always challenging to (raise taxes), because they’re serious votes,” Taylor said. “You don’t just say yes, you have to really be convinced that it’s the right thing to do.”

Although Republican lawmakers tend to oppose most proposals for new taxes, there are exceptions. Last year, four Republicans voted in favor of a bill that instituted a new tax on landlines and other telecommunications services to fund a suicide prevention hotline.

Republicans say it’s too early to determine which, if any, proposals to increase transportation funding they would support. Work groups are currently sifting through many options, including raising the state’s gas tax or imposing a tax on Oregon drivers based on the number of miles driven.

“We look forward to partnering with our colleagues on both sides of the aisle on bipartisan solutions to tackle our state’s challenges, but House Republicans will also serve as a crucial check against unnecessary tax increases,” Helfrich said in a statement.

Despite their Senate supermajority, top Democrats have said they want any transportation package next year to receive bipartisan support.

They point to past efforts that received bipartisan support, such as lawmakers this year rolling back Oregon’s landmark drug decriminalization law, as evidence that both parties can reach a consensus on the state’s most pressing issues.

“We do need a bipartisan majority in order to pass the transportation package, and I don’t think that’s a bad thing. I think that was always the plan,” said House Majority Leader Ben Bowman, a Democrat from Tigard. “If we’re going to get it done, it’s going to force us all to collaborate and work together.”

Despite some Democrats expressing hope for compromise, some Republicans remain skeptical about the promise of bipartisan cooperation.

“As far as policy goes, under a supermajority, (Democrats) don’t have to have any discussion about it with us,” said Deputy Senate Minority Leader Cedric Hayden, a Republican from Fall Creek. “They just choose what they’re going to put through, and that’s it.”

As the minority party, Republicans have few options to prevent Democrats from passing their full agendas. In recent years, they have increasingly resorted to boycotting floor sessions to deny Democrats the two-thirds quorum necessary to vote on bills, but the days of extended walkouts might be over.

Measure 113, passed by voters in 2022, prohibits lawmakers from running for reelection if they accumulate 10 or more unexcused absences from floor sessions. Ten Republicans who participated in a six-week walkout in 2023 were barred from seeking reelection under the law.

“The whole system is set up so that one side has the authority,” Hayden said. “For me, that’s a bit of a stretch to say, ‘It’s gonna be great, it’s gonna be bipartisan.’ But we’ll see.”

Answer. Yes and no. ORS 90.510(4) provides that all rental agreements must contain certain provisions, and that unless the law allows otherwise, they may not be unilaterally amended without the consent of both parties. Subsection 90.510(5) sets forth the contents of the rental agreement, and subsection (5)(i) provides that it must describe:

"(a)ny conditions the landlord applies in approving a purchaser of a manufactured dwelling or floating home as a tenant in the event the tenant elects to sell the home. Those conditions must be in conformance with state and federal law and may include, but are not limited to, conditions as to pets, number of occupants and screening or admission criteria... ." (Emphasis added.)

ORS 90.680(10)(a) provides that if a landlord receives an application for tenancy from a prospective purchaser "

The landlord shall accept or reject the prospective purchaser's application within seven days following the day the landlord receives a complete and accurate written application. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (5)(i). (Emphasis added.)

ORS 90.680(10)(c provides that if a landlord receives an application for tenancy from a prospective purchaser:

(c) The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the landlord's conditions for approval as provided in ORS 90.510 (5)(i) or failure of the prospective purchaser's references to respond to the landlord's timely request for verification within the time allowed for acceptance or rejection under paragraph (a) of this subsection. (Emphasis added.)

ORS 90.10(40) defines "Screening or admission criteria" to mean:

'_a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. "Screening or admission criteria" includes, but is not limited to, the rental history, character references, public records, criminal records, credit reports, credit references and incomes or resources of the applicant."

Based upon the above, I believe that since the rental agreement may not be unilaterally modified, you are safer having all of your screening criteria in that document, than putting them elsewhere.

If there are other issues, e.g. with the condition of the home, when you learn that it is going to be sold on-site, you can issue a repair notice under ORS 90.620. That statute is quite useful in these situations. It provides that you can give the resident a 30-day notice of termination based upon repair or deterioration issues. Depending on the degree of repair work necessary, the resident can request additional time.

While it is probably true that the resident may not want to do the work, if and when a purchaser is found, you may give that notice to the purchaser. Putting the home up for sale will not extend the compliance period. Thus, in giving the notice to the prospective purchaser, the issue becomes one of negotiation between seller and buyer. If they reach agreement (which will likely include some price concessions), if the work cannot be completed before the pending transaction closes, you can include completion deadline in the new rental agreement. The new purchaser cannot take possession without first signing the rental agreement and committing to a completion date.

Does all this mean that you cannot or should not develop a resale compliance form for your community? No. But to be forewarned is to be forearmed. In other words, an existing resident could push back if they did not like the provisions, and they might win that argument. The work-around, is that you should make sure your rental agreement contains a good set of screening criteria. MHCO's is very complete. And if the home is in need of repair, you can always issue a 90.632 notice, and secure compliance either from the existing resident, or their prospective purchaser. Since you can make this a condition of acceptance of the prospective purchaser, and it will be written into the new rental agreement, I submit that you will be holding the better hand.

For several years, the husband had been taking care of the wife after her stroke. Within the last month, the husband had had a heart attack, and was no longer able to care for his wife alone.

Throughout this recent period of decline, their only child, a daughter in her late 40's, had been caring for them. The daughter had retired within the past year, so she was in a perfect position to care for her parents.

Now, the community manager learned that the daughter had moved into the spare bedroom, preparing for her father's return home from the hospital. Not only had the daughter moved into the spare room, she had sold her home, put her furniture up for auction, and was literally moving into her parents' home with no thought of moving back out. The mother reportedly had just been diagnosed with advanced lung cancer and been given less than six months to live. The father's prognosis was grim, although he was coming home. As an only child, the daughter would obviously inherit the home upon their passing.

It appeared to be a situation that would resolve itself within a few years when the daughter reached the minimum secondary age of 50, as stated in the Community Guidelines, however the manager feared losing her exemption status granted under federal law for a 55+ community. And, also contained in the Community Guidelines was a restriction on the length of time a person could have a guest visit them.

Another issue was that their company policy required proof of ownership of the home. If the legal affairs of the parents were not in order, or if there were another sibling not known to management, this might also present a future problem.

And, with all the health and emotional issues going on, the manager didn'twant to bother the family unnecessarily with details that would just burden them.

What to do? First, remember that as a "caregiver" there is no age requirement or limitation that applies. Simply changing the status of the daughter from "guest" to "caregiver" eliminates part of the problem. Then, the age limitation also becomes no problem as long as at least one of the parents is still living and the daughter continues as a caregiver, because they are not subject to agent restrictions, either. And, with at least one of the parents alive, the household still qualifies as one of the required 80% households with at least one person 55 years of age or older.

Then, we are down to ownership of the home, future problems with the legalities of ownership should there be another sibling, and the timing for discussion with the family. Do not wait to have this discussion. Yes, the family is extremely busy, but it doesn'tsound as if it will ease up any time soon. Yes, they probably have their legal affairs in order, but as long as it is handled tactfully, a visit doesn'thave to be an intrusion.

Start the visit by offering your help and asking what you can do. Then proceed into the legalities of home ownership, etc. And, remember, you do have the ability to allow 20% of your households to be occupied by a resident under 55 years of age.

A 55 plus Community has been in existence for fifteen (15) years. During that time two sets of on-site managers have managed the property. Each management team has allowed a few families to move in believing the community was well within the 20% margin allowed by Federal Fair Housing regulations. Unfortunately, a few of the original residents have had a death in the family leaving the youngest (younger than 55) resident remaining as the head of household. An annual age survey of the residents has not been maintained by either of the on-site management teams. A prospective resident (younger than 55) has now been denied as a new tenant and is challenging the 55 plus status of the Community. Without an accurate age survey of the existing residents how is the Community/Owner going to prove the Community satisfies the Federal Fair Housing requirements of a 55 plus Community ? This Community/Owner in all probability will face costly litigation while attempting to collect the necessary data and the Community may even lose its 55 plus status. If the on-site manager/owner had completed an annual age survey of the residents this costly experience could have been avoided. Does your 55 plus community have a current "age survey"?

MHCO has a number of forms for 55 and Older Communities:

• MHCO Form 71A: Addendum to the Rental/Lease Agreement for Age 55 & Older Communities
• MHCO Form 71B: 55 & Older Community Occupancy Determination and Age Verification
• MHCO Form 71C: HUD Verification of Occupancy Survey

Another example of ongoing record keeping includes updated copies of any insurance certificates naming the Community/Owner as an additional insured. If the Community requires pet owners to name the Community/Owner as an additional insured on their homeowners insurance policy an annual review of the certificates of insurance is necessary. If a resident's pet bites another resident and the insurance certificate has lapsed or the Community has been dropped as and additional insured the Community/Owner will not be afforded any protection. When is the last time you reviewed the certificates of insurance which name the community/owner as an additional insured ?

Either one of the above examples can potentially have a devastating effect on your Community's profitability. Protect you investment's profitability by making records management an integral part of your office activities.

QUESTION: We ran into a problem recently that we were hoping you could answer.  In Multnomah County, when we file an eviction ("FED"), we are required to file a document entitled "Declaration of Non-Military, Not Minor or Incapacitated." This form requires us to select one of the following categories regarding the defendant's protection under the Service Members Civil Relief Act ("SCRA" or "the Act"): (a) That the person is subject to protection, (b) that he/she is not subject to protection, or (c) that we are unable to determine whether the defendant is or is not subject to the Act.

We had checked the box saying we could not determine, and explained that "We have never seen any indication that this person is or was a service member."  The judge said this was insufficient and refused to grant the FED.  He told us to seek legal counsel.

Any ideas on what we did wrong or how to avoid this problem? I believe there is a web page where you can look up service members, but in this case we don't have a social security number on the resident, so we couldn't look him up anyway.

ANSWER: I've never heard of a judge denying a declaration because a landlord hadn't run the tenant's information through Act's website.  In order to do the search, you need the tenant's first and last name and SSN.  You can also put in their birth date, but I think the SSN gets the best results. The Act's database cannot complete the search if you don't have a SSN or birth date. I'm surprised that the judge didn't set over the hearing and simply direct the you to the website.  Perhaps you could have determined the answer if you had entered the birth date - assuming you had it.  I suspect the judge was new to the job.

Here's the link to their site: https://www.dmdc.osd.mil/appj/scra/scraHome.do

When we don't have a SSN or birth date, we put a statement in the declaration similar to the one you used.  Basically, all you should need to do is show that you have conducted a reasonable investigation based upon the information you have, and that you have been unable to determine through the website or other evidence, that the person is protected by the Act. 

Here's an example that we've used at Multnomah County Circuit Court:

Due to lack of information, the Department of Defense's SCRA military records website could not confirm whether or not defendants, John and Mary Doe, are currently on active duty. It appears to be very unlikely, since the community managers see the defendants on a regular basis and have no knowledge of either of them serving in the United States Military.

The problem you describe only occurs when the defendant does not appear at the first appearance hearing and the judge is uncomfortable granting the judgment of restitution by default without what he/she feels is sufficient evidence that they are not on active duty with the military.  The rash of recent improper foreclosures against servicemen/women probably doesn't help the judge's comfort level.  The judge should have been more helpful, but you should be able to conduct your search on the website, then go back and try again.

I think the take-away here is that landlords should try to get as much information from their resident-applicants in order to avoid these situations in the future.