Bill Text: OR SB555 | 2013 | Regular Session | Introduced
Bill Title: Relating to tenancy; appropriating money; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB555 Detail]
Download: Oregon-2013-SB555-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1770
Senate Bill 555
Sponsored by Senator BOQUIST
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Limits amount by which landlord can increase rent for
manufactured dwelling space or floating home space. Makes other
changes to law governing relationship between landlords and
tenants of manufactured dwellings and floating homes.
Creates program for resolving disputes between landlords and
tenants of manufactured dwellings and floating homes. Renames
Office of Manufactured Dwelling Park Community Relations to
Manufactured Communities Resource Center. Directs center to
administer program. Authorizes center to impose civil penalty
against landlord or tenant for not complying with final order of
center.
Establishes Tenant and Landlord Dispute Resolution Fund.
Continuously appropriates moneys in fund to center for purpose of
administering program. Changes use of moneys in Mobile Home Parks
Account.
Requires landlords to register annually with Housing and
Community Services Department. Requires landlords to post notice
of information related to program. Authorizes imposition of civil
penalty against landlord for not registering or not posting
notice.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to tenancy; creating new provisions; amending ORS
90.543, 90.600, 90.610, 90.643, 90.645, 90.650, 90.655, 90.675,
90.730, 90.750, 90.765, 90.771, 92.840, 446.525, 446.533,
446.543 and 446.547; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.600 is amended to read:
90.600. { - (1) If a rental agreement is a month-to-month
tenancy to which ORS 90.505 to 90.840 apply, the landlord may not
increase the rent unless the landlord gives notice in writing to
each affected tenant at least 90 days prior to the effective date
of the rent increase specifying the amount of the increase, the
amount of the new rent and the date on which the increase becomes
effective. - }
{ - (2) This section does not create a right to increase rent
that does not otherwise exist. - }
{ - (3) This section does not require a landlord to
compromise, justify or reduce a rent increase that the landlord
otherwise is entitled to impose. - }
{ - (4) Neither ORS 90.510 (1), requiring a landlord to
provide a statement of policy, nor ORS 90.510 (4), requiring a
landlord to provide a written rental agreement, create a basis
for tenant challenge of a rent increase, judicially or
otherwise. - }
{ + (1) As used in this section and section 3 of this 2013
Act:
(a) 'Anniversary date' means:
(A) The annual anniversary of the date on which a landlord and
a tenant entered into a month-to-month or fixed term tenancy for
rental of a space for a manufactured dwelling or floating home;
or
(B) If a landlord chooses to raise the rent for all tenants on
the same day of the year, the annual anniversary of that date.
(b) 'Base rent' means:
(A) During the first year of a tenancy, the amount that a
tenant agreed on the first day of the tenancy to pay the landlord
annually to rent a space for a manufactured dwelling or floating
home; and
(B) On an anniversary date, the amount that a tenant agreed to
pay the landlord to rent a space for a manufactured dwelling or
floating home for the previous year.
(c) 'Capital improvement' means installation, replacement or
major repair of infrastructure.
(d) 'Infrastructure' means any of the following located on a
facility:
(A) A line or device that is necessary for the provision of an
essential service.
(B) A driveway or walkway that provides access to a space for a
manufactured dwelling or floating home.
(C) A structure provided for the common use of the tenants.
(e) 'Net income' means the annual gross income of a facility
minus the annual operating expenses of the facility.
(f)(A) 'Operating expenses' includes:
(i) Real property taxes and assessments;
(ii) Fees and assessments required to be paid under section 12
of this 2013 Act;
(iii) Utility payments that are not bundled with rent;
(iv) Insurance premium payments;
(v) The cost of maintaining and making ordinary and necessary
repairs to infrastructure or the grounds or common areas of a
facility;
(vi) The compensation of the employees of a facility;
(vii) The loss of rent resulting from the use of a space for a
manufactured dwelling or floating home to provide housing to
employees of a facility as part of compensation for employment;
(viii) Property management costs, including the cost of
accounting and legal services that are necessary to operate a
facility;
(ix) The purchase and repair of vehicles, equipment and
supplies that are necessary to operate a facility;
(x) Advertising costs necessary to ensure occupancy of a
facility; and
(xi) The facility owner's portion of the cost of a capital
improvement that is required by law or agreed to by a tenants'
committee.
(B) 'Operating expenses' does not include:
(i) The facility owner's portion of the cost of a capital
improvement that is not required by law and not agreed to by a
tenants' committee;
(ii) Debt service payments;
(iii) Costs related to the leasing of a facility;
(iv) Any expense reimbursed by a tenant;
(v) Any cost related to the repair or maintenance of a
manufactured dwelling or floating home owned by the facility
owner or landlord;
(vi) Court costs and attorney fees incurred by the facility
owner or landlord in a civil action or contested case hearing
between the owner or landlord and a tenant in which the owner or
landlord does not prevail;
(vii) The amount, if any, by which a facility depreciates; and
(viii) A civil penalty payment made pursuant to sections 4 to
16 of this 2013 Act.
(2) In renting a space for a manufactured dwelling or floating
home, a landlord must make an offer to rent the space for an
amount that is comparable to the rent paid by tenants who rent
similarly sized and similarly situated spaces at the facility.
(3) A landlord may increase the rent established in a
month-to-month or fixed term tenancy only on the anniversary
date.
(4) Notwithstanding subsection (3) of this section, a landlord
may not increase the rent established in a month-to-month or
fixed term tenancy unless the following conditions are met:
(a) An increase in the rent is necessary for the owner of the
facility to receive:
(A) A positive net income; and
(B) An increase in the base rent that is no greater than the
base rent multiplied by the percentage increase in the
Portland-Salem Consumer Price Index for All Urban Consumers for
All Items as reported by the United States Bureau of Labor
Statistics for the 12-month period preceding the date notice is
given under paragraph (b) of this subsection.
(b) The landlord gives written notice of the rent increase to
the tenant at least 120 days prior to the effective date of the
increase. Notice given under this paragraph must specify:
(A) The amount of rent owed each month before the increase;
(B) The amount by which the rent will be increased;
(C) The amount of rent owed each month after the increase;
(D) The date on which the increase becomes effective; and
(E) Why the increase in rent is necessary.
(5) A landlord may charge a tenant the tenant's share of
one-half of the cost of a capital improvement.
(6) Notwithstanding subsection (5) of this section, a landlord
may not charge a tenant the tenant's share of one-half of the
cost of a capital improvement unless all of the following
conditions are met:
(a) The landlord establishes a payment schedule for the capital
improvement that is separate and distinct from the payment
schedule for rent.
(b) The capital improvement is completed and the landlord has
received a final accounting of the cost of the capital
improvement.
(c) The amount charged does not exceed $25 per month.
(d) The landlord gives the tenant written notice of the
proposed charge for the capital improvement at least 120 days
prior to assessing the charge. Notice given under this paragraph
must include:
(A) A final accounting of the cost of the capital improvement;
(B) The total amount of the tenant's share of the cost of the
capital improvement, the number of months for which the charge
will be assessed and the monthly charge;
(C) The date on which the charge will first be assessed; and
(D) An explanation for why the capital improvement is necessary
to receive a rate of return as described in subsection (4) of
this section.
(7) Subsections (3) and (4) of this section require a landlord
to justify annual rent increases. + }
{ - (5)(a) - } { + (8)(a) + } The tenants { - who reside
in a facility - } may elect one committee of seven or fewer
members in a facility-wide election to represent the tenants. One
tenant of record for each rented space may vote in the election.
Upon written request from the tenants' committee, the landlord or
a representative of the landlord shall meet with the committee
within 10 to 30 days of the request to discuss the tenants'
{ - nonrent - } concerns regarding the facility. Unless the
parties agree otherwise, upon a request from the tenants'
committee, a landlord or representative of the landlord shall
meet with the tenants' committee at least once, but not more than
twice, each calendar year. The meeting shall be held on the
premises if the facility has suitable meeting space for that
purpose, or at a location reasonably convenient to the tenants.
After the meeting, the tenants' committee shall send a written
summary of the issues and concerns addressed at the meeting to
the landlord. The landlord or the landlord's representative shall
make a good faith response in writing to the committee's summary
within 60 days.
(b) The tenants' committee is entitled to informal dispute
resolution in accordance with ORS 446.547 if the landlord or
landlord's representative fails to meet with the tenants'
committee or fails to respond in good faith to the written
summary as required by paragraph (a) of this subsection.
{ + (9) A landlord shall enforce a facility rule or
regulation equally against all tenants. If a landlord does not
enforce a rule or regulation equitably, the landlord may not
enforce the rule or regulation against any tenant. + }
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS 90.505 to 90.840. + }
SECTION 3. { + (1) Notwithstanding ORS 90.600, during a civil
action brought under this chapter or during a dispute resolution
proceeding, settlement agreement proceeding or contested case
hearing held pursuant to sections 4 to 16 of this 2013 Act, when
a tenant files a complaint alleging that a landlord increased the
rent established in a month-to-month or fixed term tenancy more
than the amount that is necessary for the owner of the facility
to receive a positive net income and an increase in base rent as
described in ORS 90.600 (4), a court and the Manufactured
Communities Resource Center may consider, and the landlord and
the complainant may submit, evidence of an increase or decrease
in the value of the manufactured dwelling or floating home
occupied by the complainant.
(2) After considering evidence submitted pursuant to subsection
(1) of this section, if a court or the center finds substantial
evidence that the manufactured dwelling or floating home occupied
by the complainant has increased or decreased in value, the court
may include in its final judgment, and the center may include in
its final order under section 11 of this 2013 Act, instructions
to increase or decrease the rent paid by the complainant by an
amount that is proportional to the increase or decrease in
value. + }
{ +
ALTERNATIVE DISPUTE RESOLUTION PROGRAM + }
SECTION 4. { + As used in sections 4 to 16 of this 2013 Act:
(1) 'Floating home' has the meaning given that term in ORS
830.700.
(2) 'Floating home facility' means a facility:
(a) Where four or more floating homes are moored within 500
feet of one another; and
(b) That constitutes a business the primary purpose of which is
to rent or lease spaces to owners of floating homes.
(3) 'Landlord' means a person that:
(a) Owns or manages a manufactured dwelling facility or a
floating home facility; and
(b) Rents a space for a manufactured dwelling or floating home,
as that phrase is defined by ORS 90.505, to a tenant.
(4) 'Manufactured dwelling' means a residential trailer, mobile
home or manufactured home as those terms are defined in ORS
446.003.
(5) 'Manufactured dwelling facility' means a facility:
(a) Where four or more manufactured dwellings are located
within 500 feet of one another; and
(b) That constitutes a business, the primary purpose of which
is to rent or lease spaces to owners of manufactured dwellings.
(6) 'Tenant' means a person who rents a space for a
manufactured dwelling or floating home, as that phrase is defined
in ORS 90.505, from a landlord. + }
SECTION 5. { + (1) The Manufactured Communities Resource
Center shall administer a program for the purpose of resolving
disputes between tenants and landlords that involve alleged
violations of the provisions of ORS chapter 90.
(2) The Director of the Housing and Community Services
Department and authorized agents of the director may administer
oaths, take depositions and issue subpoenas to compel the
attendance of witnesses and the production of documents or other
written information necessary to carry out the provisions of
sections 4 to 16 of this 2013 Act. If any person fails to comply
with a subpoena issued under this section or refuses to testify
on matters on which the person lawfully may be interrogated, the
director or the authorized agent of the director may follow the
procedure set out in ORS 183.440 to compel obedience.
(3) In accordance with any applicable provision of ORS chapter
183, the director may adopt rules for the administration of
sections 4 to 16 of this 2013 Act.
(4) A person delegated any powers or duties pursuant to
sections 4 to 16 of this 2013 Act may not represent a tenant or a
landlord in a civil action brought under ORS chapter 90. + }
SECTION 6. { + (1) A tenant or a landlord may file with the
Manufactured Communities Resource Center a complaint alleging a
violation of a provision of ORS chapter 90. A complaint must
specify the date and place of the alleged violation and summarize
the circumstances giving rise to the alleged violation. The
center shall prescribe the form of the complaint.
(2) A tenant or a landlord may not file a complaint under this
section if the tenant or the landlord has commenced a civil
action under ORS chapter 90 alleging the same matters that are
the basis of the complaint.
(3) Not more than 15 days after a complaint is filed, the
center shall:
(a) Inform the complainant of any notice required to initiate
legal proceedings under the applicable provision of ORS chapter
90 and the amount of time, if any, that the respondent has to
remedy the violation after receiving the notice required under
ORS chapter 90; and
(b) Serve notice by registered or certified mail to the person
against whom the complaint is filed of the filing of the
complaint, the date and place of the alleged violation and the
circumstances giving rise to the alleged violation. + }
SECTION 7. { + If the Director of the Housing and Community
Services Department or an authorized agent of the director has
reason to believe that a tenant or a landlord has committed a
violation of a provision of ORS chapter 90, the director or the
authorized agent of the director may file a complaint in the same
manner as a tenant or a landlord may file a complaint under
section 6 of this 2013 Act. + }
SECTION 8. { + The authority of the Manufactured Communities
Resource Center to conduct investigations or other proceedings to
resolve a complaint filed under section 6 or 7 of this 2013 Act
ceases on the earliest of the following dates:
(1) The date that is one year after the complaint is filed or,
if the center has issued a finding of substantial evidence under
section 9 of this 2013 Act during the one-year period, the date
that is one year after the finding is issued.
(2) The date of the filing of a civil action under ORS chapter
90 by the complainant alleging the same matters that are the
basis of the complaint.
(3) The date on which the center dismisses the proceedings,
resolves the complaint through alternative dispute resolution or
issues a final order under section 11 of this 2013 Act. + }
SECTION 9. { + (1) The Manufactured Communities Resource
Center shall commence an investigation of a complaint filed under
section 6 or 7 of this 2013 Act no later than 30 days after the
filing of the complaint.
(2) If the center determines during the investigation that an
additional person should be named as a respondent in the
complaint, the center may add the name of that person to the
complaint. The center may not add the name of a person to the
complaint after issuing a finding of substantial evidence. Not
more than 10 days after naming an additional person as a
respondent, the center shall serve the person by registered or
certified mail notice of the complaint, the date and place of the
alleged violation and the circumstances giving rise to the
alleged violation.
(3) If an investigation under this section discloses any
substantial evidence supporting the allegations of a complaint,
the center shall issue a finding of substantial evidence. The
finding must be sent to the complainant and to each respondent by
registered or certified mail and must be signed by an employee of
the center. The finding must include:
(a) The names and addresses of the complainant and each
respondent;
(b) A summary of the allegations contained in the complaint;
(c) Facts found by the center that are related to the
allegations contained in the complaint; and
(d) A statement that substantial evidence supports the
allegations contained in the complaint. + }
SECTION 10. { + (1) After issuing a finding of substantial
evidence under section 9 of this 2013 Act, the Manufactured
Communities Resource Center:
(a) Shall determine whether alternative means of dispute
resolution will effectively resolve a complaint filed under
section 6 of this 2013 Act. If the center determines that
alternative means of dispute resolution may effectively resolve
the complaint, the center shall initiate negotiations between the
complainant and the respondent or respondents. In resolving a
dispute, the center shall follow policies and procedures
developed in accordance with ORS 183.502. If the center
determines that alternative means of dispute resolution cannot
effectively resolve the complaint, or if the center fails to
successfully resolve the complaint, the center shall, subject to
the procedures for a contested case hearing under ORS chapter
183, determine whether a violation of a provision of ORS chapter
90 occurred.
(b) May enter into a settlement agreement with the tenant or
landlord that is the subject of a complaint filed under section 7
of this 2013 Act. If the center does not settle the complaint,
the center shall, subject to the procedures for a contested case
hearing under ORS chapter 183, determine whether a violation of a
provision of ORS chapter 90 occurred.
(2) The terms of any alternative dispute resolution agreement
or settlement agreement entered into pursuant to this section
must be contained in a written agreement signed by the
complainant, each respondent, the Director of the Housing and
Community Services Department or an authorized agent of the
director and, for an alternative dispute resolution agreement,
the arbitrator or mediator if any. The agreement may include any
or all of the terms and conditions set forth in a final order
issued under section 11 of this 2013 Act. + }
SECTION 11. { + (1) If the Manufactured Communities Resource
Center finds that a violation of a provision of ORS chapter 90
occurred, the center shall issue a final order that includes:
(a) Any award for damages allowed under the applicable
provision of ORS chapter 90;
(b) The corrective action, as determined by the center, to be
taken by the respondent;
(c) The amount of time, as determined by the center, but not
less than 10 business days, that the respondent has to take the
corrective action; and
(d) The amount of the civil penalty that the center will impose
if the respondent does not take the corrective action within the
specified time.
(2) If the center finds that the violation affects a person not
named as a complainant in the same manner that the violation
affects a complainant, the center may include in its final order
an order for the corrective action also to apply to the affected
person.
(3) If a respondent fails to take the corrective action on or
before the date specified in the final order, the center may
impose a civil penalty of up to $500 for each violation committed
by the respondent. Each day that a respondent fails to take the
corrective action after the date specified in the final order is
a separate violation.
(4) A final order issued under this section may be recorded in
the County Clerk Lien Record as provided in ORS 205.125. In
addition to enforcement under ORS 205.126, the order may be
enforced by a civil action under ORS chapter 90 to compel
specific performance of the order.
(5) A respondent may file with the center a request to increase
the amount of time that the respondent has to take the corrective
action specified in the final order. A request filed under this
subsection must demonstrate that taking the corrective action on
or before the date specified in the final order is not
practicable. The center shall prescribe the form of the request
and the manner in which the request is filed.
(6) The center may award costs and reasonable attorney fees to
the prevailing party as determined by the center in a final order
issued under this section.
(7) The center shall deposit all civil penalties collected
under this section in the Tenant and Landlord Dispute Resolution
Fund established in section 16 of this 2013 Act. + }
SECTION 12. { + (1) A landlord shall register annually with
the Housing and Community Services Department each manufactured
dwelling facility and floating home facility owned or managed by
the landlord in this state. To register, a landlord must:
(a) File with the department an application for registration;
(b) Pay the applicable registration fee required by this
section; and
(c) Pay the assessment fee required by this section.
(2) By rule, the department shall establish the date by which a
landlord must register each manufactured dwelling facility or
floating home facility owned or managed by the landlord and the
amounts of the registration and renewal fees.
(3) The department annually shall send by registered or
certified mail to the landlord of each manufactured dwelling
facility or floating home facility located in this state notice
of the requirement to register and a registration packet. The
department must send one registration packet to the landlord for
each facility owned or managed by the landlord. The department
must mail the notice and the packet no later than 60 days before
the date on which the landlord must be registered. A registration
packet must include:
(a) An application form;
(b) Information relating to registration fees, assessment fees
and due dates; and
(c) An explanation of collection procedures for registration
fees and assessment fees.
(4) For each manufactured dwelling facility or floating home
facility owned or managed by a landlord, the landlord shall pay
the department:
(a)(A) An initial registration fee for the first year that the
landlord registers the facility with the department; or
(B) A renewal fee for each subsequent year that the landlord
registers the facility with the department; and
(b) An assessment fee of $10 for each manufactured dwelling or
floating home located in the facility. To offset the costs of the
assessment fee, a landlord may charge a tenant a maximum of $5
for each manufactured dwelling or floating home owned by the
tenant that is located in the facility.
(5) If a landlord fails to timely register, the department
shall notify the landlord by registered or certified mail of the
failure. The notice must include:
(a) The amount of any civil penalty imposed by the department
under subsection (6) of this section; and
(b) The date on which the department is authorized under
subsection (7) of this section to attach a lien against the real
property on which the manufactured dwelling facility or floating
home facility is located.
(6) The department may impose a civil penalty of up to $1,000
against the landlord of a manufactured dwelling facility or
floating home facility that fails to timely register under this
section. The department may impose a separate penalty for each
facility that is not timely registered.
(7) If a landlord fails to register within 90 days after the
department mails the landlord notice of failure to register, the
department may attach a lien against the manufactured dwelling
facility or floating home facility owned or managed by the
landlord for any amount that the landlord owes the department
pursuant to this section. If the department prevails in an action
to enforce a lien described in this subsection, the landlord
shall pay court costs and reasonable attorney fees incurred by
the department during the proceedings.
(8) The department shall deposit all moneys collected under
this section in the Tenant and Landlord Dispute Resolution Fund
established in section 16 of this 2013 Act. + }
SECTION 13. { + To facilitate the registration of manufactured
dwelling facilities and floating home facilities under section 12
of this 2013 Act, the Housing and Community Services Department
may require the landlord of a manufactured dwelling facility or
floating home facility to submit additional information for the
purpose of administering the program, including:
(1) The name, address and telephone number of the landlord;
(2) The name, address and telephone number of the facility;
(3) The number of spaces in the facility; and
(4) The address of each space in the facility. + }
SECTION 14. { + The Manufactured Communities Resource Center
shall:
(1) Create an informational notice that:
(a) Summarizes the rights and responsibilities of landlords and
tenants under sections 4 to 16 of this 2013 Act and ORS chapter
90;
(b) Describes how to file a complaint under section 6 of this
2013 Act; and
(c) References the toll-free number required by subsection (3)
of this section and the website required by subsection (4) of
this section.
(2) Send the notice described in subsection (1) of this section
to the landlord of each manufactured dwelling facility or
floating home facility located in this state.
(3) Establish a toll-free number that a tenant or landlord can
call to obtain information about sections 4 to 16 of this 2013
Act and ORS chapter 90.
(4) Establish and operate a website that provides information
about sections 4 to 16 of this 2013 Act and ORS chapter 90,
including:
(a) A summary of the rights and responsibilities of landlords
and tenants under sections 4 to 16 of this 2013 Act and ORS
chapter 90; and
(b) A description of how to file a complaint under section 6 of
this 2013 Act.
(5) Create and maintain a database of complaints filed under
sections 6 and 7 of this 2013 Act. The database must include the
number of complaints filed against each manufactured dwelling
facility or floating home facility, the nature of each complaint
and the outcome associated with each complaint. The center may
not disclose under this subsection the details of any agreement
described in section 10 (2) of this 2013 Act except as allowed in
ORS 90.771.
(6) Submit a report of the data collected under subsection (5)
of this section to an appropriate interim committee of the
Legislative Assembly on or before December 31 of each year. The
report may include recommendations for improving the program
described in sections 4 to 16 of this 2013 Act. + }
SECTION 15. { + (1) A landlord that receives an informational
notice from the Manufactured Communities Resource Center under
section 14 of this 2013 Act shall post the notice in each
manufactured dwelling facility or floating home facility owned or
managed by the landlord. The landlord shall post the notice in a
conspicuous place reasonably calculated to inform tenants of the
contents of the notice.
(2) If a landlord has not posted the notice as described in
subsection (1) of this section, the center may assess a civil
penalty of up to $1,000 against the landlord of the manufactured
dwelling facility or floating home facility. The center shall
deposit all civil penalties collected under this subsection in
the Tenant and Landlord Dispute Resolution Fund established in
section 16 of this 2013 Act. + }
SECTION 16. { + The Tenant and Landlord Dispute Resolution
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Tenant and Landlord
Dispute Resolution Fund shall be credited to the fund. Moneys in
the fund are continuously appropriated to the Manufactured
Communities Resource Center for the purpose of administering
sections 4 to 16 of this 2013 Act. + }
{ +
CONFORMING AMENDMENTS AND MISCELLANEOUS PROVISIONS + }
SECTION 17. { + ORS 90.528 and 90.671 are added to and made a
part of ORS 90.505 to 90.840. + }
SECTION 18. ORS 90.610 is amended to read:
90.610. (1) As used in this section, 'eligible space' means
each space in the facility as long as:
(a) The space is rented to a tenant and the tenancy is subject
to ORS 90.505 to 90.840; and
(b) The tenant who occupies the space has not:
(A) Previously agreed to a rental agreement that includes the
proposed rule or regulation change; or
(B) Become subject to the proposed rule or regulation change as
a result of a change in rules or regulations previously adopted
in a manner consistent with this section.
(2) Notwithstanding ORS 90.245 (1), the parties to a rental
agreement to which ORS 90.505 to 90.840 apply shall { - provide
for a process establishing informal dispute - } { + include in
the rental agreement a provision for + } resolution of disputes
that may arise concerning the rental agreement for a manufactured
dwelling or floating home space. { + The rental agreement:
(a) Shall provide for an informal dispute resolution process
for disputes between landlords and tenants or tenants and
tenants; and
(b) May require a tenant to file a complaint with the
Manufactured Communities Resource Center under section 6 of this
2013 Act for disputes between landlords and tenants. + }
(3) The landlord may propose changes in rules or regulations,
including changes that make a substantial modification of the
landlord's bargain with a tenant, by giving written notice of the
proposed rule or regulation change, and unless tenants of at
least 51 percent of the eligible spaces in the facility object in
writing within 30 days of the date the notice was served, the
change shall become effective for all tenants of those spaces on
a date not less than 60 days after the date that the notice was
served by the landlord.
(4) One tenant of record per eligible space may object to the
rule or regulation change through either:
(a) A signed and dated written communication to the landlord;
or
(b) A petition format that is signed and dated by tenants of
eligible spaces and that includes a copy of the proposed rule or
regulation and a copy of the notice.
(5) If a tenant of an eligible space signs both a written
communication to the landlord and a petition under subsection (4)
of this section, or signs more than one written communication or
petition, only the latest signature of the tenant may be counted.
(6) Notwithstanding subsection (4) of this section, a proxy may
be used only if a tenant has a disability that prevents the
tenant from objecting to the rule or regulation change in
writing.
(7) The landlord's notice of a proposed change in rules or
regulations required by subsection (3) of this section must be
given or served as provided in ORS 90.155 and must include:
(a) Language of the existing rule or regulation and the
language that would be added or deleted by the proposed rule or
regulation change; and
(b) A statement substantially in the following form, with all
blank spaces in the notice to be filled in by the landlord:
_________________________________________________________________
NOTICE OF PROPOSED RULE
OR REGULATION CHANGE
The landlord intends to change a rule or regulation in this
facility.
The change will go into effect unless tenants of at least 51
percent of the eligible spaces object in writing within 30 days.
Any objection must be signed and dated by a tenant of an eligible
space.
The number of eligible spaces as of the date of this notice is:
___. Those eligible spaces are (space or street identification):
__________________.
The last day for a tenant of an eligible space to deliver a
written objection to the landlord is ______ (landlord fill in
date).
Unless tenants in at least 51 percent of the eligible spaces
object, the proposed rule or regulation will go into effect
on ______.
The parties may attempt to resolve disagreements regarding the
proposed rule or regulation change by using the facility's
informal dispute resolution process.
_________________________________________________________________
(8) A good faith mistake by the landlord in completing those
portions of the notice relating to the number of eligible spaces
that have tenants entitled to vote or relating to space or street
identification numbers does not invalidate the notice or the
proposed rule or regulation change.
(9) After the effective date of the rule or regulation change,
when a tenant continues to engage in an activity affected by the
new rule or regulation to which the landlord objects, the
landlord may give the tenant a notice of termination of the
tenancy pursuant to ORS 90.630. The notice shall include a
statement that the tenant may request a resolution through the
facility's informal dispute resolution process by giving the
landlord a written request within seven days from the date the
notice was served. If the tenant requests an informal dispute
resolution, the landlord may not file an action for possession
pursuant to ORS 105.105 to 105.168 until 30 days after the date
of the tenant's request for informal dispute resolution or the
date the informal dispute resolution is complete, whichever
occurs first.
{ - (10) An agreement under this section may not require
informal dispute resolution of disputes relating to: - }
{ - (a) Facility closure; - }
{ - (b) Facility sale; or - }
{ - (c) Rent, including but not limited to amount, increase
and nonpayment. - }
{ - (11) ORS 90.510 (1) to (3), requiring a landlord to
provide a statement of policy, do not create a basis for a tenant
to demand informal dispute resolution of a rent increase. - }
SECTION 19. ORS 90.645, as amended by section 2a, chapter 906,
Oregon Laws 2007, is amended to read:
90.645. (1) If a manufactured dwelling park, or a portion of
the park that includes the space for a manufactured dwelling, is
to be closed and the land or leasehold converted to a use other
than as a manufactured dwelling park, and the closure is not
required by the exercise of eminent domain or by order of
federal, state or local agencies, the landlord may terminate a
month-to-month or fixed term rental agreement for a manufactured
dwelling park space:
(a) By giving the tenant not less than 365 days' notice in
writing before the date designated in the notice for termination;
and
(b) By paying a tenant, for each space for which a rental
agreement is terminated, one of the following amounts:
(A) $5,000 if the manufactured dwelling is a single-wide
dwelling;
(B) $7,000 if the manufactured dwelling is a double-wide
dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or
larger dwelling.
(2) Notwithstanding subsection (1) of this section, if a
landlord closes a manufactured dwelling park under this section
as a result of converting the park to a subdivision under ORS
92.830 to 92.845, the landlord:
(a) May terminate a rental agreement by giving the tenant not
less than 180 days' notice in writing before the date designated
in the notice for termination.
(b) Is not required to make a payment under subsection (1)(b)
of this section to a tenant who:
(A) Buys the space or lot on which the tenant's manufactured
dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a person who buys the
space or lot.
(3) A notice given under subsection (1) or (2) of this section
shall, at a minimum:
(a) State that the landlord is closing the park, or a portion
of the park, and converting the land or leasehold to a different
use;
(b) Designate the date of closure; and
(c) Include the tax notice described in ORS 90.650.
(4) Except as provided in subsections (2) and (5) of this
section, the landlord must pay a tenant the full amount required
under subsection (1)(b) of this section regardless of whether the
tenant relocates or abandons the manufactured dwelling. The
landlord shall pay at least one-half of the payment amount to the
tenant within seven days after receiving from the tenant the
notice described in subsection (5)(a) of this section. The
landlord shall pay the remaining amount no later than seven days
after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this section:
(a) A landlord is not required to make a payment to a tenant as
provided in subsection (1) of this section unless the tenant
gives the landlord not less than 30 days' and not more than 60
days' written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or
abandonment of the manufactured dwelling.
(b) If the manufactured dwelling is abandoned:
(A) The landlord may condition the payment required by
subsection (1) of this section upon the tenant waiving any right
to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant to store, sell or
dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant any penalty, fee or
unaccrued rent for moving out of the manufactured dwelling park
prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for rent for any period
during which the tenant occupies the space and may deduct from
the payment amount required by subsection (1) of this section any
unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent for a manufactured
dwelling park space after giving a notice of termination under
this section to the tenant of the space.
(8) This section does not limit a landlord's right to terminate
a tenancy for nonpayment of rent under ORS 90.394 or for other
cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by
complying with ORS 105.105 to 105.168.
(9) If a landlord is required to close a manufactured dwelling
park by the exercise of eminent domain or by order of a federal,
state or local agency, the landlord shall notify the park tenants
no later than 15 days after the landlord receives notice of the
exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure,
state the reason for the closure, describe any government
relocation benefits known by the landlord to be available to the
tenants and comply with any additional content requirements under
ORS 90.650.
(10) The { - Office of Manufactured Dwelling Park Community
Relations - } { + Manufactured Communities Resource Center + }
shall adopt rules establishing a sample form for the notice
described in subsection (3) of this section.
SECTION 20. ORS 90.650 is amended to read:
90.650. (1) If a manufactured dwelling park or a portion of a
manufactured dwelling park is closed, resulting in the
termination of the rental agreement between the landlord of the
park and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of a
federal, state or local agency or as provided under ORS 90.645
(1), the landlord shall provide notice to the tenant of the tax
credit provided under section 17, chapter 906, Oregon Laws 2007.
The notice shall state the eligibility requirements for the
credit, information on how to apply for the credit and any other
information required by the { - Office of Manufactured Dwelling
Park Community Relations - } { + Manufactured Communities
Resource Center + } or the Department of Revenue by rule. The
notice shall also state that the closure may allow the taxpayer
to appeal the property tax assessment on the manufactured
dwelling.
(2) The { - office - } { + center + } shall adopt rules
establishing a sample form for the notice described in this
section and the notice described in ORS 90.645 (3).
(3) The department, in consultation with the { - office - }
{ + center + }, shall adopt rules establishing a sample form
and explanation for the property tax assessment appeal.
(4) The { - office - } { + center + } may adopt rules to
administer this section.
SECTION 21. ORS 90.650, as amended by section 7a, chapter 906,
Oregon Laws 2007, is amended to read:
90.650. (1) If a manufactured dwelling park or a portion of a
manufactured dwelling park is closed, resulting in the
termination of the rental agreement between the landlord of the
park and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of a
federal, state or local agency or as provided under ORS 90.645
(1), the landlord shall provide notice to the tenant that the
closure may allow the taxpayer to appeal the property tax
assessment on the manufactured dwelling.
(2) The Department of Revenue, in consultation with the
{ - Office of Manufactured Dwelling Park Community
Relations - } { + Manufactured Communities Resource Center + },
shall adopt rules establishing a sample form and explanation for
the property tax assessment appeal.
(3) The { - office - } { + center + } may adopt rules to
administer this section.
SECTION 22. ORS 90.655 is amended to read:
90.655. (1) A landlord that gives a notice of termination under
ORS 90.645 shall, at the same time, send one copy of the notice
to the { - Office of Manufactured Dwelling Park Community
Relations - } { + Manufactured Communities Resource Center + }
by first class mail. The landlord shall, at the same time, send a
copy of the notice, both by first class mail and by certified
mail with return receipt requested, for each affected
manufactured dwelling, to any person:
(a) That is not a tenant; and
(b)(A) That the landlord actually knows to be an owner of the
manufactured dwelling; or
(B) That has a lien recorded in the title or ownership document
records for the manufactured dwelling.
(2) A landlord that terminates rental agreements for
manufactured dwelling park spaces under ORS 90.645 shall, no
later than 60 days after the manufactured dwelling park or
portion of the park closes, report to the { - office - } { +
center + }:
(a) The number of dwelling unit owners who moved their dwelling
units out of the park; and
(b) The number of dwelling unit owners who abandoned their
dwelling units at the park.
SECTION 23. ORS 90.675 is amended to read:
90.675. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for personal property by an informed buyer to
an informed seller, each acting without compulsion in an
arm's-length transaction occurring on the assessment date for the
tax year or on the date of a subsequent reappraisal by the county
assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Lienholder' means any lienholder of abandoned personal
property, if the lien is of record or the lienholder is actually
known to the landlord.
(d) 'Of record' means:
(A) For a manufactured dwelling, that a security interest has
been properly recorded in the records of the Department of
Consumer and Business Services pursuant to ORS 446.611 or on a
certificate of title issued by the Department of Transportation
prior to May 1, 2005.
(B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(e) 'Personal property' means only a manufactured dwelling or
floating home located in a facility and subject to ORS 90.505 to
90.840. 'Personal property' does not include goods left inside a
manufactured dwelling or floating home or left upon a rented
space and subject to disposition under ORS 90.425.
(2) A landlord may not store, sell or dispose of abandoned
personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants
and any lienholders in any personal property abandoned or left
upon the premises by the tenant or any lienholder in the
following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord receives possession of the premises from the
sheriff following restitution pursuant to ORS 105.161.
(3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) A landlord shall also give a copy of the notice
described in subsection (3) of this section to:
(A) Any lienholder of the personal property;
(B) The tax collector of the county where the personal property
is located; and
(C) The assessor of the county where the personal property is
located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
must state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder must contact the landlord by a
specified date, as provided in subsection (6) of this section, to
arrange for the removal of the abandoned personal property;
(c) The personal property is stored on the rented space;
(d) The tenant or any lienholder, except as provided by
subsection (18) of this section, may arrange for removal of the
personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder, except as provided by
subsection (18) of this section, by appointment at reasonable
times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by
subsection (7)(b) of this section, prior to releasing the
personal property to the tenant or any lienholder;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder fails to contact the
landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell
or dispose of the personal property. If the landlord reasonably
believes the county assessor will determine that the current
market value of the personal property is $8,000 or less, and the
landlord intends to dispose of the property if the property is
not claimed, the notice shall state that belief and intent; and
(i) If applicable, there is a lienholder that has a right to
claim the personal property, except as provided by subsection
(18) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal
property must be not less than 45 days after personal delivery or
mailing of the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store the abandoned personal property of the tenant
on the rented space and shall exercise reasonable care for the
personal property; and
(b) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal. The storage charge may
be no greater than the monthly space rent last payable by the
tenant.
(8) If a tenant or lienholder, upon the receipt of the notice
provided by subsection (3) or (4) of this section or otherwise,
responds by actual notice to the landlord on or before the
specified date in the landlord's notice that the tenant or
lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available
for removal by the tenant or lienholder by appointment at
reasonable times during the 30 days following the date of the
response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to
subsection (2)(a) or (b) of this section, but not pursuant to
subsection (2)(c) of this section, the landlord may require
payment of storage charges, as provided in subsection (7)(b) of
this section, prior to allowing the tenant or lienholder to
remove the personal property. Acceptance by a landlord of such
payment does not operate to create or reinstate a tenancy or
create a waiver pursuant to ORS 90.412 or 90.417.
(9) Except as provided in subsections (18) to (20) of this
section, if the tenant or lienholder does not respond within the
time provided by the landlord's notice, or the tenant or
lienholder does not remove the personal property within 30 days
after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder that have been given notice pursuant to subsection (3)
or (4) of this section shall, except with regard to the
distribution of sale proceeds pursuant to subsection (13) of this
section, have no further right, title or interest to the personal
property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale:
(A) The landlord may seek to transfer ownership of record of
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the personal property is located. The notice
shall state:
(I) That the personal property is abandoned;
(II) The tenant's name;
(III) The address and any space number where the personal
property is located, and any plate, registration or other
identification number for a floating home noted on the title, if
actually known to the landlord;
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the personal property;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder, by personal delivery or first
class mail, except that for any lienholder, mail service must be
by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes and assessments on the personal property have been paid or,
if not paid, that the county has authorized the sale, with the
sale proceeds to be distributed pursuant to subsection (13) of
this section; or
(b) Destroy or otherwise dispose of the personal property if
the landlord determines from the county assessor that the current
market value of the property is $8,000 or less.
(11)(a) A public or private sale authorized by this section
must be conducted consistent with the terms listed in subsection
(10)(a)(B)(i) of this section. Every aspect of the sale including
the method, manner, time, place and terms must be commercially
reasonable.
(b) If there is no buyer at a sale described under paragraph
(a) of this subsection, the personal property is considered to be
worth $8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord
intentionally misrepresents the condition of personal property,
the landlord is not liable for the condition of the personal
property to:
(a) A buyer of the personal property at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the personal property pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section.
(13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) After deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) After deducting the amounts listed in paragraphs (a) and
(b) of this subsection, if applicable, the landlord shall remit
the remaining proceeds, if any, to any lienholder to the extent
of any unpaid balance owed on the lien on the personal property.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant the remaining proceeds, if any, together with
an itemized accounting.
(e) If the tenant cannot after due diligence be found, the
landlord shall deposit the remaining proceeds with the county
treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the
general fund of the county and are available for general
purposes.
(14) The county tax collector shall cancel all unpaid property
taxes and assessments as provided under ORS 311.790 only under
one of the following circumstances:
(a) The landlord disposes of the personal property after a
determination described in subsection (10)(b) of this section.
(b) There is no buyer of the personal property at a sale
described under subsection (11) of this section.
(c)(A) There is a buyer of the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is $8,000
or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section.
(d)(A) The landlord buys the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is more
than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section; and
(D) The landlord disposes of the personal property.
(15) The landlord is not responsible for any loss to the tenant
or lienholder resulting from storage of personal property in
compliance with this section unless the loss was caused by the
landlord's deliberate or negligent act. In the event of a
deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant or lienholder.
(16) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant
or lienholder against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder aggrieved by the noncompliance may recover
from the landlord the actual damages sustained by the lienholder.
ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(18) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
also apply to any lienholder, except that the lienholder may not
sell or remove the dwelling or home unless:
(a) The lienholder has foreclosed the lien on the manufactured
dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (20) of this section has waived
all rights under this section pursuant to subsection (22) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(19)(a) Except as provided by subsection (20)(d) and (e) of
this section, if a lienholder makes a timely response to a notice
of abandoned personal property pursuant to subsections (6) and
(8) of this section and so requests, a landlord shall enter into
a written storage agreement with the lienholder providing that
the personal property may not be sold or disposed of by the
landlord for up to 12 months. A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant or, in the case of a deceased tenant,
the personal representative, designated person, heir or devisee
to remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(b) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.532, if limited
to charges for electricity, water, sewer service and natural gas
and if incidental to the storage of personal property. A storage
charge may not be due more frequently than monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
imposed on facility tenants;
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
that the landlord currently provides to tenants as required by
ORS 90.510 (4); and
(D) The lienholder repair any defects in the physical condition
of the personal property that existed prior to the lienholder
entering into the storage agreement, if the defects and necessary
repairs are reasonably described in the storage agreement and,
for homes that were first placed on the space within the previous
24 months, the repairs are reasonably consistent with facility
standards in effect at the time of placement. The lienholder
shall have 90 days after entering into the storage agreement to
make the repairs. Failure to make the repairs within the allotted
time constitutes a violation of the storage agreement and the
landlord may terminate the agreement by giving at least 14 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(e) Notwithstanding subsection (7)(b) of this section, a
landlord may increase the storage charge if the increase is part
of a facility-wide rent increase for all facility tenants, the
increase is no greater than the increase for other tenants and
the landlord gives the lienholder written notice { - consistent
with the requirements of ORS 90.600 (1) - } { + at least 90
days before the effective date of the storage charge increase
specifying the amount of the increase, the amount of the new
storage charge and the date on which the increase becomes
effective + }.
(f) During the term of an agreement described under this
subsection, the lienholder has the right to remove or sell the
property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the
property on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord may condition approval for
occupancy of any purchaser of the property upon payment of all
unpaid storage charges and maintenance costs.
(g)(A) Except as provided in paragraph (d)(D) of this
subsection, if the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the facility if the lienholder has paid
all storage charges and other charges as provided in the
agreement.
(h) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may
sell or dispose of the property pursuant to this section without
further notice to the lienholder.
(20) If the personal property is considered abandoned as a
result of the death of a tenant who was the only tenant, this
section applies, except as follows:
(a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall apply to any personal representative named in a will or
appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the
landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
personal property may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (19) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (19)(c) to
(e) and (g)(C) of this section applies, with the representative
or person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person has the
right to remove or sell the property, including a sale to a
purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the property on the
rented space and become a tenant, subject to the provisions of
ORS 90.680. The landlord also may condition approval for
occupancy of any purchaser, heir or devisee of the property upon
payment of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the property,
the landlord may sell or dispose of the property pursuant to this
section without further notice to the representative or person.
(21) If a governmental agency determines that the condition of
personal property abandoned under this section constitutes an
extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the
facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection.
The landlord shall comply with all provisions of this section,
except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, personal representative or designated
person must contact a landlord to arrange for the disposition of
the property must be not less than 15 days after personal
delivery or mailing of the notice required by subsection (3) of
this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, personal representative or
designated person must remove the property must be not less than
seven days after the tenant, lienholder, personal representative
or designated person contacts the landlord.
(c) The notice required by subsection (3) of this section must
be as provided in subsection (5) of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property must be consistent with this
subsection;
(B) The notice must state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder or a personal representative or
designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with the provisions of this
section if, after termination of the tenancy or no more than
seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (20) of this section; and
(C) Any lienholder.
(b) A landlord may not, as part of a rental agreement, as a
condition to approving a sale of property on rented space under
ORS 90.680 or in any other manner, require a tenant, a personal
representative, a designated person or any lienholder to waive
any right provided by this section.
(23) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 24. ORS 90.730 is amended to read:
90.730. (1) As used in this section, 'facility common areas'
means all areas under control of the landlord and held out for
the general use of tenants.
(2) A landlord who rents a space for a manufactured dwelling or
floating home shall at all times during the tenancy maintain the
rented space, vacant spaces in the facility and the facility
common areas in a habitable condition. The landlord does not have
a duty to maintain a dwelling or home. A landlord's habitability
duty under this section includes only the matters described in
subsections (3) to (5) of this section.
(3) For purposes of this section, a rented space is considered
unhabitable if { - it - } { + :
(a) The space + } substantially lacks:
{ - (a) - } { + (A) + } A sewage disposal system and a
connection to the space approved under applicable law at the time
of installation and maintained in good working order to the
extent that the sewage disposal system can be controlled by the
landlord;
{ - (b) - } { + (B) + } If required by applicable law, a
drainage system reasonably capable of disposing of storm water,
ground water and subsurface water, approved under applicable law
at the time of installation and maintained in good working order;
{ - (c) - } { + (C) + } A water supply and a connection to
the space approved under applicable law at the time of
installation and maintained so as to provide safe drinking water
and to be in good working order to the extent that the water
supply system can be controlled by the landlord;
{ - (d) - } { + (D) + } An electrical supply and a
connection to the space approved under applicable law at the time
of installation and maintained in good working order to the
extent that the electrical supply system can be controlled by the
landlord;
{ - (e) - } { + (E) + } At the time of commencement of the
rental agreement, buildings, grounds and appurtenances that are
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
{ - (f) - } { + (F) + } Except as otherwise provided by
local ordinance or by written agreement between the landlord and
the tenant, an adequate number of appropriate receptacles for
garbage and rubbish in clean condition and good repair at the
time of commencement of the rental agreement, and for which the
landlord shall provide and maintain appropriate serviceable
receptacles thereafter and arrange for their removal; and
{ - (g) - } { + (G) + } Completion of any landlord-provided
space improvements, including but not limited to installation of
carports, garages, driveways and sidewalks, approved under
applicable law at the time of installation.
{ + (b) The landlord:
(A) Fails to maintain a tree or shrub not planted by the tenant
who is renting the space in which the tree or shrub is located;
(B) Fails to remove a diseased tree or shrub within 30 days
after a tenant who is renting the space in which the tree or
shrub is located makes a written request for the removal; or
(C) Removes a healthy tree or shrub planted by the tenant who
is renting the space in which the tree or shrub is located unless
the landlord consults with the tenant about the removal and the
tree or shrub is damaging a utility line, a manufactured dwelling
or a floating home. + }
(4) A vacant space in a facility is considered unhabitable if
the space substantially lacks safety from the hazards of fire or
injury.
(5) A facility common area is considered unhabitable if it
substantially lacks:
(a) Buildings, grounds and appurtenances that are kept in every
part safe for normal and reasonably foreseeable uses, clean,
sanitary and free from all accumulations of debris, filth,
rubbish, garbage, rodents and vermin;
(b) Safety from the hazards of fire;
(c) Trees, shrubbery and grass maintained in a safe manner; and
(d) If supplied or required to be supplied by the landlord to a
common area, a water supply system, sewage disposal system or
system for disposing of storm water, ground water and subsurface
water approved under applicable law at the time of installation
and maintained in good working order to the extent that the
system can be controlled by the landlord.
(6) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants on the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
SECTION 25. ORS 90.750 is amended to read:
90.750. { + (1) + } { - No - } { + A + } provision
contained in any bylaw, rental agreement, regulation or rule
pertaining to a facility { - shall - } { + may not + }:
{ - (1) - } { + (a) + } Infringe upon the right of persons
who rent spaces in a facility to peaceably assemble in an open
public meeting for any lawful purpose, at reasonable times and in
a reasonable manner, in the common areas or recreational areas of
the facility. Reasonable times shall include daily the hours
between 8 a.m. and 10 p.m.
{ - (2) - } { + (b) + } Infringe upon the right of persons
who rent spaces in a facility to communicate or assemble among
themselves, at reasonable times and in a reasonable manner, for
the purpose of discussing any matter, including but not limited
to any matter relating to the facility or manufactured dwelling
or floating home living. The discussions may be held in the
common areas or recreational areas of the facility, including
halls or centers, or any resident's dwelling unit or floating
home. The landlord of a facility, however, may enforce reasonable
rules and regulations including but not limited to place,
scheduling, occupancy densities and utilities.
{ - (3) - } { + (c) + } Prohibit any person who rents a
space for a manufactured dwelling or floating home from
canvassing other persons in the same facility for purposes
described in this section. As used in this { - subsection - }
{ + paragraph + }, 'canvassing ' includes door-to-door contact,
an oral or written request, the distribution, the circulation,
the posting or the publication of a notice or newsletter or a
general announcement or any other matter relevant to { - the
membership of - } { + a tenant or + } a tenants' association.
{ - (4) This section is not intended to require a landlord to
permit any person to solicit money, except that a tenants'
association member, whether or not a tenant of the facility, may
personally collect delinquent dues owed by an existing member of
a tenants' association. - }
{ + (2) A tenant or tenants' association member may solicit
membership in a local or statewide tenants' association or
tenants' organization whether or not the tenant or tenants'
association member is a tenant of the facility in which the
solicitation occurs. + }
{ - (5) - } { + (3) + } This section is not intended to
require a landlord to permit any person to disregard a tenant's
request not to be canvassed.
SECTION 26. ORS 90.765 is amended to read:
90.765. (1) In addition to the prohibitions of ORS 90.385, a
landlord who rents a space for a manufactured dwelling or
floating home { + or a representative of the landlord + } may
not retaliate by increasing rent or decreasing services, { + by
threatening to increase rent or decrease services, + } by serving
a notice to terminate the tenancy or by bringing or threatening
to bring an action for possession after:
(a) The tenant has { + complained or + } expressed an
intention to complain to agencies listed in ORS 90.385;
{ + (b) The tenant has expressed an intention to file or has
filed a complaint with the Manufactured Communities Resource
Center under section 6 of this 2013 Act; + }
{ - (b) - } { + (c) + } The tenant has made { - any
complaint to the landlord which is in good faith - } { + a
complaint in good faith to the landlord or a representative of
the landlord + };
{ - (c) - } { + (d) + } The tenant has filed or expressed
intent to file a complaint under ORS 659A.820; or
{ - (d) - } { + (e) + } The tenant has performed or
expressed intent to perform any other act for the purpose of
asserting, protecting or invoking the protection of any right
secured to tenants under any federal, state or local law.
(2) If the landlord { + or a representative of the
landlord + } acts in violation of subsection (1) of this section
the tenant is entitled to the remedies provided in ORS 90.710 (1)
and has a defense in any retaliatory action against the tenant
for possession.
SECTION 27. ORS 90.771 is amended to read:
90.771. (1) In order to foster the role of the { - Office of
Manufactured Dwelling Park Community Relations - }
{ + Manufactured Communities Resource Center + } in mediating
and resolving disputes between landlords and tenants of
{ - manufactured dwelling and floating home - } facilities, the
Housing and Community Services Department shall establish
procedures to maintain the confidentiality of information
received by the { - office - } { + center + } pertaining to
individual landlords and tenants of facilities and to
landlord-tenant disputes. The procedures must comply with the
provisions of this section.
(2) Except as provided in subsection (3) of this section, the
department shall treat as confidential and not disclose:
(a) The identity of a landlord, tenant or complainant involved
in a dispute or of a person who provides information to the
department in response to a department investigation of a
dispute;
(b) Information provided to the department by a landlord,
tenant, complainant or other person relating to a dispute; or
(c) Information discovered by the department in investigating a
dispute.
(3) The department may disclose:
(a) Information described in subsection (2) of this section to
a state agency; and
(b) Information described in subsection (2) of this section if
the landlord, tenant, complainant or other person who provided
the information being disclosed, or the legal representative
thereof, consents orally or in writing to the disclosure and
specifies to whom the disclosure may be made. Only the landlord,
tenant, complainant or other person who provided the information
to the department may authorize or deny the disclosure of the
information.
(4) This section does not prohibit the department from
compiling and disclosing examples and statistics that demonstrate
information such as the type of dispute, frequency of occurrence
and geographical area where the dispute occurred if the
{ - identity - } { + identities + } of the landlord, tenant,
complainant and other persons are protected.
SECTION 28. ORS 446.525 is amended to read:
446.525. (1) A special assessment is levied annually upon each
manufactured dwelling that is assessed for ad valorem property
tax purposes as personal property. The amount of the assessment
is $6.
(2) On or before July 15 of each year, the county assessor
shall determine and list the manufactured dwellings in the county
that are assessed for the current assessment year as personal
property. Upon making a determination and list, the county
assessor shall cause the special assessment levied under
subsection (1) of this section to be entered on the general
assessment and tax roll prepared for the current assessment year
as a charge against each manufactured dwelling so listed. Upon
entry, the special assessment shall become a lien, be assessed
and be collected in the same manner and with the same interest,
penalty and cost charges as apply to ad valorem property taxes in
this state.
(3) Any amounts of special assessment collected pursuant to
subsection (2) of this section shall be deposited in the county
treasury, shall be paid over by the county treasurer to the State
Treasury and shall be credited to the Mobile Home Parks Account
to be used exclusively for carrying out ORS 446.380, 446.385
{ - , 446.392 and 446.543 and implementing the policies
described in ORS 446.515 - } { + and 446.392 + }.
(4) In lieu of the procedures under subsection (2) of this
section, the Director of the Housing and Community Services
Department may make a direct billing of the special assessment to
the owners of manufactured dwellings and receive payment of the
special assessment from those owners. In the event that under the
billing procedures any owner fails to make payment, the unpaid
special assessment shall become a lien against the manufactured
dwelling and may be collected under contract or other agreement
by a collection agency or may be collected under ORS 293.250, or
the lien may be foreclosed by suit as provided under ORS chapter
88 or as provided under ORS 87.272 to 87.306. Upon collection
under this subsection, the amounts of special assessment shall be
deposited in the State Treasury and shall be credited to the
Mobile Home Parks Account to be used exclusively for carrying out
ORS 446.380, 446.385 { - , 446.392 and 446.543 and implementing
the policies described in ORS 446.515 - } { + and 446.392 + }.
SECTION 29. ORS 446.533 is amended to read:
446.533. There hereby is established separate and distinct from
the General Fund the Mobile Home Parks Account of the Housing and
Community Services Department. Except as otherwise provided by
law, all moneys appropriated or credited to the account are
appropriated continuously for and shall be used by the Director
of the Housing and Community Services Department for the purpose
of carrying out { - the duties and responsibilities imposed
under ORS 105.138 and 446.515 to 446.547 - } { + ORS 446.380,
446.385 and 446.392 + }. Interest earned on the account shall be
credited to the account.
SECTION 30. ORS 446.543 is amended to read:
446.543. (1) { - An Office of Manufactured Dwelling Park
Community Relations - } { + The Manufactured Communities
Resource Center + } is established in the Housing and Community
Services Department.
(2) The Director of the Housing and Community Services
Department shall, through the use of { - office - }
{ + center + } personnel or by other means:
(a) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
might lead to improvements in { - manufactured dwelling
park - } landlord and tenant relationships { + in manufactured
dwelling parks and marinas + };
(b) Develop and implement a centralized resource referral
program for tenants and landlords to encourage the voluntary
resolution of disputes;
(c) Maintain a current list of manufactured dwelling parks
{ + and marinas + } in the state, indicating the total number
of spaces;
(d) Not be directly affiliated, currently or previously, in any
way with a manufactured dwelling park { + or marina + } within
the preceding two years; and
(e) Take other actions or perform such other duties as the
director deems necessary or appropriate, including but not
limited to coordinating or conducting tenant resource fairs,
providing tenant counseling and service referrals related to park
{ + and marina + } closures and providing outreach services to
educate tenants regarding tenant rights and responsibilities and
the availability of services.
(3) The { - office - } { + center + } shall adopt rules to
administer ORS 90.645 and 90.655.
SECTION 31. ORS 446.547 is amended to read:
446.547. Each { - mobile home and - } manufactured dwelling
park { + and marina + } shall establish an informal dispute
resolution procedure that { - insures - } { + ensures + }
each issue with merit shall be given a fair hearing within 30
days of receipt of a formal complaint { + from a tenant or,
pursuant to ORS 90.600, a tenants' committee + }.
SECTION 32. ORS 90.543 is amended to read:
90.543. (1) Except as provided in subsections (2) and (3) of
this section, a landlord that assesses the tenants of a
manufactured dwelling park containing 200 or more spaces in the
facility a utility or service charge for water by the pro rata
billing method described in ORS 90.532 (1)(b)(C)(ii) shall
convert the method of assessing the utility or service charge to
a billing method described in ORS 90.532 (1)(a) or (1)(c). The
landlord shall complete the conversion no later than December 31,
2012. A conversion under this section to a billing method
described in ORS 90.532 (1)(c) is subject to ORS 90.537.
(2) A landlord that provides water to a manufactured dwelling
park solely from a well or from a source other than those listed
in ORS 90.532 (8) is not required to comply with subsection (1)
of this section.
(3) A landlord that meets the following requirements designed
to promote conservation is not required to comply with subsection
(1) of this section:
(a) The landlord must:
(A) Bill for water provided to a space using the pro rata
billing method described in ORS 90.532 (1)(b)(C)(ii) by
apportioning the utility provider's charge to tenants on a pro
rata basis, with only the following factors being considered in
the apportionment, notwithstanding ORS 90.534 (2)(c):
(i) The number of tenants or occupants in the manufactured
dwelling compared with the number of tenants or occupants in the
manufactured dwelling park; and
(ii) The size of a tenant's space as a percentage of the total
area of the manufactured dwelling park.
(B) Base two-thirds of the charge to the tenants on the factor
described in subparagraph (A)(i) of this paragraph and one-third
of the charge on the factor described in subparagraph (A)(ii) of
this paragraph.
(C) Determine the number of tenants or occupants in each
dwelling unit and in the manufactured dwelling park at least
annually.
(b) The landlord must demonstrate significant other
conservation measures, including:
(A) Testing for leaks in common areas of the manufactured
dwelling park at least annually, repairing significant leaks
within a reasonable time and making test results available to
tenants;
(B) Testing each occupied manufactured dwelling and space for
leaks without charge to a tenant occupying the dwelling at least
annually and making test results available to the tenant;
(C) Posting annually in any manufactured dwelling park office
and in any common area evidence demonstrating that per capita
consumption of water in the manufactured dwelling park is below
the area average for single-family dwellings, as shown by data
from the local provider of water; and
(D) Taking one or more other reasonable measures to promote
conservation of water and to control costs, including educating
tenants about water conservation, prohibiting the washing of
motor vehicles in the manufactured dwelling park and requiring
drip irrigation systems or schedules for watering landscaping.
(c) The landlord must amend the rental agreement of each tenant
to describe the provisions of this subsection and subsection (4)
of this section and to describe the use of the pro rata billing
method with additional conservation measures. The landlord may
make the amendment to the rental agreement unilaterally and must
provide written notice of the amendment to the tenant at least 60
days before the amendment is effective.
(4) If a landlord subject to this section adopts conservation
measures described in subsection (3) of this section to avoid
having to comply with subsection (1) of this section:
(a) Notwithstanding ORS 90.539 or 90.725 (1), a tenant must
allow a landlord access to the tenant's space and to the tenant's
manufactured dwelling so the landlord can test for water leaks as
provided by subsection (3)(b)(B) of this section.
(b) The landlord must give notice consistent with ORS 90.725
(1)(e) before entering the tenant's space or dwelling to test for
water leaks.
(c) A tenant may be required by the landlord to repair a
significant leak in the dwelling found by the landlord's test.
The tenant must make the necessary repairs within a reasonable
time after written notice from the landlord regarding the leak,
given the extent of repair needed and the season. The tenant's
responsibility for repairs is limited to leaks within the
tenant's dwelling and from the connection at the ground under the
dwelling into the dwelling. If the tenant fails to make the
repair as required, the landlord may terminate the tenancy
pursuant to ORS 90.630.
(d) Notwithstanding ORS 90.730 { - (3)(c) - } { +
(3)(a)(C) + }, a landlord is responsible for maintaining the
water lines within a tenant's space up to the connection with the
dwelling, including repairing significant leaks found in a test.
(e) A landlord may use the pro rata billing method described in
ORS 90.532 (1)(b)(C)(ii) with the allocation factors described in
ORS 90.534 (2)(c) for common areas.
(f) Notwithstanding ORS 90.534 (4), a landlord may include in
the utility or service charge the cost to read water meters and
to bill tenants for water if those tasks are performed by a third
party service and the landlord allows the tenants to inspect the
third party's billing records as provided by ORS 90.538.
(5) A tenant may file an action for injunctive relief to compel
compliance by a landlord with the requirements of subsections
(1), (3) and (4) of this section and for actual damages plus at
least two months' rent as a penalty for noncompliance by the
landlord with subsections (1), (3) and (4) of this section. A
landlord is not liable for damages for a failure to comply with
the requirements of subsections (1), (3) and (4) of this section
if the noncompliance is only a good faith mistake by the landlord
in counting the number of tenants and occupants in each dwelling
unit or the manufactured dwelling park pursuant to subsection
(3)(a) of this section.
SECTION 33. ORS 90.643 is amended to read:
90.643. (1) A manufactured dwelling park may be converted to a
planned community subdivision of manufactured dwellings pursuant
to ORS 92.830 to 92.845. When a manufactured dwelling park is
converted pursuant to ORS 92.830 to 92.845:
(a) Conversion does not require closure of the park pursuant to
ORS 90.645 or termination of any tenancy on any space in the park
or any lot in the planned community subdivision of manufactured
dwellings.
(b) After approval of the tentative plan under ORS 92.830 to
92.845, the manufactured dwelling park ceases to exist,
notwithstanding the possibility that four or more lots in the
planned community subdivision may be available for rent.
(2) If a park is converted to a subdivision under ORS 92.830 to
92.845, and the landlord closes the park as a result of the
conversion, ORS 90.645 applies to the closure.
(3) If a park is converted to a subdivision under ORS 92.830 to
92.845, but the landlord does not close the park as a result of
the conversion:
(a) A tenant who does not buy the space occupied by the
tenant's manufactured dwelling may terminate the tenancy and
move. If the tenant terminates the tenancy after receiving the
notice required by ORS 92.839 and before the expiration of the
60-day period described in ORS 92.840 (2), the landlord shall pay
the tenant as provided in ORS 90.645 (1)(b).
(b) If the landlord and the tenant continue the tenancy on the
lot created in the planned community subdivision, the tenancy is
governed by ORS 90.100 to 90.465, except that the following
provisions apply and, in the case of a conflict, control:
(A) ORS 90.510 (4) to (7) applies to a rental agreement and
rules and regulations concerning the use and occupancy of the
subdivision lot until the declarant turns over administrative
control of the planned community subdivision of manufactured
dwellings to a homeowners association pursuant to ORS 94.600 and
94.604 to 94.621. The landlord shall provide each tenant with a
copy of the bylaws, rules and regulations of the homeowners
association at least 60 days before the turnover meeting
described in ORS 94.609.
(B) ORS 90.530 applies regarding pets.
(C) ORS 90.545 applies regarding the extension of a fixed term
tenancy.
(D) ORS 90.600 (1) to (4) applies to an increase in rent.
(E) ORS 90.620 applies to a termination by a tenant.
(F) ORS 90.630 applies to a termination by a landlord for
cause. However, the sale of a lot in the planned community
subdivision occupied by a tenant to someone other than the tenant
is a good cause for termination under ORS 90.630 that the tenant
cannot cure or correct and for which the landlord must give
written notice of termination that states the cause of
termination at least 180 days before termination.
(G) ORS 90.632 applies to a termination of tenancy by a
landlord due to the physical condition of the manufactured
dwelling.
(H) ORS 90.634 applies to a lien for manufactured dwelling unit
rent.
(I) ORS 90.680 applies to the sale of a manufactured dwelling
occupying a lot in the planned community subdivision. If the
intention of the buyer of the manufactured dwelling is to leave
the dwelling on the lot, the landlord may reject the buyer as a
tenant if the buyer does not buy the lot also.
(J) ORS 90.710 applies to a cause of action for a violation of
ORS 90.510 (4) to (7), 90.630, 90.680 or 90.765.
(K) ORS 90.725 applies to landlord access to a rented lot in a
planned community subdivision.
(L) ORS 90.730 (2), (3) and (6) apply to the duty of a landlord
to maintain a rented lot in a habitable condition.
(M) ORS 90.750 applies to the right of a tenant to assemble or
canvass.
(N) ORS 90.755 applies to the right of a tenant to speak on
political issues and to post political signs.
(O) ORS 90.765 applies to retaliatory conduct by a landlord.
(P) ORS 90.771 applies to the confidentiality of information
provided to the { - Office of Manufactured Dwelling Park
Community Relations - } { + Manufactured Communities Resource
Center + } of the Housing and Community Services Department about
disputes.
SECTION 34. ORS 92.840 is amended to read:
92.840. (1) Notwithstanding the provisions of ORS 92.016 (1),
prior to the approval of a tentative plan, the declarant may
negotiate to sell a lot for which approval is required under ORS
92.830 to 92.845.
(2) Prior to the sale of a lot, the declarant shall offer to
sell the lot to the tenant who occupies the lot. The offer
required under this subsection:
(a) Terminates 60 days after receipt of the offer by the tenant
or upon written rejection of the offer, whichever occurs first;
and
(b) Does not constitute a notice of termination of the tenancy.
(3) For 60 days after termination of the offer required under
subsection (2) of this section, the declarant may not sell the
lot to a person other than the tenant at a price or on terms that
are more favorable to the purchaser than the price or terms that
were offered to the tenant.
(4) After the manufactured dwelling park or mobile home park
has been submitted for subdivision under ORS 92.830 to 92.845 and
until a lot is offered for sale in accordance with subsection (2)
of this section, the declarant shall notify a prospective tenant,
in writing, prior to the commencement of the tenancy, that the
park has been submitted for subdivision and that the tenant is
entitled to receive an offer to purchase the lot under subsection
(2) of this section.
(5) Prior to the sale of a lot in a subdivision created by
conversion of the park, the declarant must provide the tenant or
other potential purchaser of the lot with information about the
homeowners association formed by the declarant as required by ORS
94.625. The information must, at a minimum, include the
association name and type and any rights set forth in the
declaration required by ORS 94.580.
(6) The declarant may not begin improvements or rehabilitation
to the lot during the period described in the landlord's notice
of termination under ORS 90.645 without the permission of the
tenant.
(7) The declarant may begin improvements or rehabilitation to
the common property as defined in the declaration during the
period described in the landlord's notice of termination under
ORS 90.645.
(8) If the tenant does not buy the lot occupied by the tenant's
manufactured dwelling or mobile home, the declarant and the
tenant may continue the tenancy on the lot after approval of the
tentative plan. The rights and responsibilities of tenants who
continue their tenancy on the lot in the planned community
subdivision of manufactured dwellings are set out in ORS 90.643.
(9) After approval of the tentative plan and the period
provided by subsection (2)(a) of this section, the declarant
shall promptly:
(a) Notify the { - Office of Manufactured Dwelling Park
Community Relations - } { + Manufactured Communities Resource
Center + } of the Housing and Community Services Department of
the approval.
(b) Provide the { - office - } { + center + } with a street
address for each lot in the planned community subdivision of
manufactured dwellings that remains available for rental use.
(10) Nothing in this section prevents the declarant from
terminating a tenancy in the park in compliance with ORS 90.630,
90.632 and 90.645. However, the declarant shall make the offer
required under subsection (2) of this section to a tenant whose
tenancy is terminated after approval of the tentative plan unless
the termination is for cause under ORS 90.392, 90.394, 90.396,
90.630 (1) or (8) or 90.632.
SECTION 35. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
SECTION 36. { + (1) Sections 2 to 17 of this 2013 Act and the
amendments to statutes by sections 1 and 18 to 34 of this 2013
Act are intended to change the name of the 'Office of
Manufactured Dwelling Park Community Relations' to the
'Manufactured Communities Resource Center. '
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Office of Manufactured Dwelling Park Community Relations, '
wherever they occur in statutory law, other words designating the
' Manufactured Communities Resource Center.' + }
SECTION 37. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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