71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2702
 
LC 1721/HB 2702-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2702
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                            March 28
 
  On page 1 of the printed bill, delete lines 4 through 28 and
delete page 2 and insert:
  '  { +  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 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 and
the total 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) If a landlord fails to give a written statement of
required improvements or knowingly fails to give a complete
statement of required improvements, a tenant who does not have
actual notice that an improvement is required and suffers an
ascertainable loss due to the failure by the landlord may bring
an action to recover the greater of actual damages or $200. + }
 
  '  { +  SECTION 4.  + }  { +  (1) A provider hired to make
improvements shall give the buyer of the provider's services a
statement of costs for the improvements 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 costs or
knowingly fails to give a complete statement of 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. + }
  '  { +  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. + } ' .
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