71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1721
A-Engrossed
House Bill 2702
Ordered by the House March 28
Including House Amendments dated March 28
Sponsored by Representative WINTERS; Representatives CARLSON,
CLOSE, DEVLIN, DOYLE, KING, KNOPP, KROPF, KRUMMEL, LOWE,
MERKLEY, STARR, TOMEI, C WALKER, WILLIAMS, WITT, Senators
FERRIOLI, METSGER (at the request of Oregon Manufactured
Housing Association and Manufactured Home Owners of Oregon,
Inc./OSTA)
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.
{ - Requires seller of manufactured dwelling to provide
written statement to buyer of costs associated with placement of
manufactured dwelling in facility. - } Requires landlord renting
space for manufactured dwelling in { - facility - }
{ + manufactured dwelling park + } to provide written statement
to tenant { - of costs associated with initial and continued
placement of manufactured dwelling in facility - } { +
disclosing improvements tenant will be required to make.
Specifies information that must be included in statement.
Requires Attorney General to adopt model statement + }. Allows
tenant choice of provider of { - fuel, furnishings, goods,
services or accessories offered by landlord - } { +
improvements. Requires provider to give buyer of improvement
complete statement of cost of improvement prior to date
manufactured dwelling is delivered to manufactured dwelling
park + }. Provides for cause of action against { - seller
or - } landlord { + or provider + } who fails to provide
required disclosure.
A BILL FOR AN ACT
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 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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