Chapter 282 Oregon Laws 2001
AN ACT
HB 2702
Relating to costs of
placement of a manufactured dwelling in a facility.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 to 5 of this 2001 Act are
added to and made a part of ORS 90.505 to 90.840.
SECTION 2.
As used in sections 3 and 4 of this 2001
Act:
(1) “Buyer” has the
meaning given that term in ORS 72.1030.
(2) “Improvements” means
installations or other changes that a tenant makes to a rental space.
“Improvements” includes, but is not limited to, plants and landscaping,
sidewalks and other concrete work, skirting, decks, railings, awnings, gutters,
carports, garages, sheds, installation charges imposed by the landlord,
installation fees imposed by government agencies and system development charges
to be paid by the tenant.
(3) “Provider” means a
contractor licensed under ORS chapter 701 who adds improvements to a
manufactured dwelling park.
(4) “Statement of
estimated costs” means a written list of the charges, fees, services, goods and
accessories that a provider knows or should know are associated with the making
of an improvement contracted by the provider and the total estimated cost to
the buyer for the improvement.
SECTION 3.
(1) Before a prospective tenant signs a rental agreement for space in a
manufactured dwelling park, the landlord must provide the prospective tenant
with a written statement that discloses the improvements that the park will
require under the rental agreement. The written statement must be in the format
developed by the Attorney General pursuant to section 5 of this 2001 Act and
include at least the following:
(a) A notice that the
tenant may select the provider of an improvement.
(b) Separately stated
and identifiable information for each required improvement that specifies:
(A) The dimensions,
materials and finish for improvements to be constructed;
(B) The installation
charges imposed by the landlord and the installation fees imposed by government
agencies;
(C) The system
development charges to be paid by the tenant; and
(D) The site preparation
requirements and restrictions, including, but not limited to, requirements and
restrictions on the use of plants and landscaping.
(c) Identification of
the improvements that belong to the tenant and the improvements that must
remain with the manufactured dwelling park.
(2) Except as provided
in ORS 41.740, a written statement provided under this section is considered to
contain all of the terms relating to improvements that a prospective tenant
must make under the rental agreement. There may be no evidence of the terms of
the written statement other than the contents of the written statement.
SECTION 4.
(1) A provider hired to make
improvements shall give the buyer of the provider’s services a statement of
estimated costs for the improvements contracted by the provider prior to the
date that the manufactured dwelling is delivered to a manufactured dwelling
park.
(2) If a provider fails
to give a statement of estimated costs or knowingly fails to give a complete
statement of estimated costs, a buyer who does not have actual notice of the
total cost for an improvement and suffers an ascertainable loss due to the failure
by the provider may bring an action to recover the greater of actual damages or
$200.
(3) Except as provided
in ORS 41.740, a statement of estimated costs given under this section is
considered to contain all of the terms of the agreement between the buyer and
the provider hired to make improvements. There may be no evidence of the terms of
the statement of estimated costs other than the contents of the statement of
estimated costs.
SECTION 5.
The Attorney General, by rule, shall
adopt a model written statement for use by manufactured dwelling park landlords
pursuant to section 3 of this 2001 Act.
Approved by the Governor
June 1, 2001
Filed in the office of
Secretary of State June 1, 2001
Effective date January 1,
2002
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