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
B-Engrossed
House Bill 2702
Ordered by the Senate May 11
Including House Amendments dated March 28 and Senate Amendments
dated May 11
Sponsored by Representative WINTERS; Representatives CARLSON,
CLOSE, DEVLIN, DOYLE, KING, KNOPP, KROPF, KRUMMEL, LEE, LOWE,
MERKLEY, STARR, TOMEI, C WALKER, V 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 landlord renting space for manufactured dwelling in
manufactured dwelling park to provide written statement to tenant
disclosing improvements tenant will be required to make.
Specifies information that must be included in statement.
Requires Attorney General to adopt model statement. { + Provides
that, with certain exceptions, there may be no evidence of terms
of written statement other than contents of written
statement. + } Allows tenant choice of provider of improvements.
Requires provider to give buyer of improvement complete statement
of { + estimated + } cost of improvement { + contracted by
provider + } prior to date manufactured dwelling is delivered to
manufactured dwelling park. Provides for cause of action against
{ - landlord or - } provider who fails to provide required
disclosure. { + Provides that, with certain exceptions, there
may be no evidence of terms of statement of estimated costs other
than contents of statement of estimated costs. + }
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 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. + }
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