Following is a list of laws and rights that OSTA has worked to improve over the last 40 years.
OSTA proposed a rent control bill, which died in hearing due to a 1945 federal law allowing rent control only in event of a national emergency.
Oregon MH/Landlord-Tenant Coalition was formed. Among the bills passed into law that session were 90.600 on forming Committees of Seven for grievances; clubhouse availability, use, and hours; elimination of pet fees and utility add-on charges, and a requirement for landlords to provide prospective buyers with a one-page sheet of information about any tenants’ association.
In this Oregon legislative session, among the bills passed into law was one that prohibited the eviction of a home based on its age. Homes needed to be kept up to the standards in place at the time they were built. California owners objected to this bill. OSTA rallied at the Capitol in an attempt to get Rep. Jeff Merkley’s rent justification bill passed. The majority of the Representatives were absent from their chambers and our efforts were unsuccessful.
Bills passed on terms of tenancy and renewals of rental agreements; confidentiality of complaints to OHCS; amendments on warning notices, waivers, and abandoned property, and five-year rental history made available to buyers moving into parks.
Final coalition bills allowed the attorney-general to prevent landlords from violating residents’ rights regarding the sale of a home (approval of new tenant shortened from 3 weeks to 7 days, among other things).
In Oregon, manager training was passed into law; park landlords were required to register with the state; and with the work of Rep. Jerry Krummel of Wilsonville, the Coalition got HB2389 passed that provides a tax credit for residents displaced by park closure and a tax break for landlords who sell to resident groups; Also, sub-metering of utilities became allowed.
Coalition tweaked previous laws, and got a bill passed for temporary occupancy agreements and placement of political signs.
More tweaking by the coalition, extending some of the laws set to expire. Budget constraints affected much progress in any other areas.
Hazard Trees statute passed into law. Trees deemed hazardous by an arborist to have an 8-inch DBH (8 inches in diameter at breast height—breast hight is 4 or 4.5 ft high) that were planted by a previous owner are the responsibility of the landlord. Trees planted by the tenant are tenant’s responsibility.
The Opportunity to Purchase bill became law and required the landlord to notify either one established committee with a stated purpose of receiving notices of intent to sell or else to notify every resident. Landlords can still pass the property to relatives or others within a corporation or LLC.
ORS 90.680 was revised to strengthen in-place sales. Landlord can no longer deny the owner of a manufactured dwelling or floating home the right to sell by refusing a reasonable applicant or offering “a better deal.” There must be a written consignment contract between landlord and seller.
In cases of eviction for disrepair or deterioration of a home, time to cure was increased from 30 to 60 days and the landlord must specify the disrepair or deterioration.
Tenants won the ability to request mediation with their landlords where the landlord’s participation would be considered mandatory. Submetering statutes were simplified. Tenants who violate rules won the ability to be charged a fee for certain non-material rules violation instead of receiving termination notices. We extended the expiration on the laws which help park residents purchase their park. For the first time, floating home owners in rented slips can access the programs of the MCRC – now renamed the Oregon State Manufactured and Marina Communities Resource Center. Marina tenants who wish to purchase their marina from their landlord received new protections. The ability to enter into a 1-year home storage-in-place agreement after an eviction, rather than having their home forced out of the marina within about 30-45 days. This gives homeowners a solid change to sell the home, rather than have the marina landlord take possession of it. Marina landlords will now have to take continuing education to keep them informed of the laws and rights of their tenants (beginning in 2021). And when a floating home float is in disrepair, this new legislation now gives floating homeowners up to a year to repair/replace their float, rather than the 30-60 days the law used to allow.
It had long since come to my attention that people of accomplishment rarely sat back and let things happen to them. They went out and happened TO things.
Leonardo DaVinci, Inventor and Artist
Do you have issues that are important to you? Do you want to change the laws to protect you? Did something happen to you at your park or marina and you cannot accept that it is legal? Get involved. Let’s change the laws together.