71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2847
 
LC 2125/HB 2847-5
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2847
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                            March 26
 
  On page 1 of the printed bill, line 2, after 'housing ' insert
'; creating new provisions; and amending ORS 446.543'.
  Delete lines 4 through 25 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 of this 2001 Act
are added to and made a part of ORS 90.505 to 90.840. + }
  '  { +  SECTION 2. + }  { + (1) An application to rent space in
a manufactured dwelling park must be a separate document from the
rental agreement. The prospective tenant must sign and date the
application.
  ' (2) A landlord who signs a rental agreement for space in a
manufactured dwelling park must date the signature. The landlord
may not sign the rental agreement prior to the date that the
prospective tenant submits the application to rent space.
  ' (3) A prospective tenant may not sign a rental agreement for
space in a manufactured dwelling park until after the landlord
has signed the rental agreement. At the time that the prospective
tenant signs the rental agreement, the landlord shall provide the
prospective tenant with two copies of the rescission right notice
described in section 7 of this 2001 Act. The landlord must
complete all required information in the rescission right notice
prior to providing the notice to the prospective tenant.
  ' (4) This section does not apply to the renewal or replacement
of a rental agreement between the same parties if the rental
agreement being renewed or replaced was in effect for 30 days or
more. + }
  '  { +  SECTION 3. + }  { + (1) As used in this section,
'business day ' means a day other than a Saturday or legal
holiday.
  ' (2) A person who rents space in a manufactured dwelling park
may rescind the rental agreement on or before 12 midnight of the
third business day following the date that the person signs the
rental agreement. The rescission must be on the rescission form
described in section 7 of this 2001 Act sent to the landlord's
designated place of business. The rescission form may be sent by
personal delivery, mail or facsimile. A rescission sent by mail
or facsimile is effective when sent.
  ' (3) If more than one person is listed on the rental agreement
as a tenant, rescission in accordance with this section by one of
the persons constitutes a rescission of the rental agreement by
all of the persons.
  ' (4) Except as provided in this subsection, notwithstanding
ORS 90.300 and 90.302, on or before the 15th day after the
landlord actually receives a rescission form under this section,
the landlord shall return deposits, rents, fees or other amounts
paid under the rental agreement to the person who sent the
rescission form. The landlord may retain an application fee paid
by the person if the fee does not exceed $100 and the person
received written notice at the time of fee payment that the fee
was nonrefundable.
 
  ' (5) If more than one person is listed on the rental agreement
as a tenant, a landlord has no liability to the other tenants for
amounts paid under subsection (4) of this section to the person
who sent the rescission form.
  ' (6) This section does not apply to the renewal or replacement
of a rental agreement between the same parties if the rental
agreement being renewed or replaced was in effect for 30 days or
more. + }
  '  { +  SECTION 4. + }  { + As used in sections 5 and 6 of this
2001 Act:
  ' (1) 'Business day' means a day other than a Saturday or legal
holiday.
  ' (2) 'Manufactured dwelling' has the meaning given that term
in ORS 446.003.
  ' (3) 'Manufactured dwelling park' has the meaning given that
term in ORS 446.003. + }
  '  { +  SECTION 5. + }  { + (1) A purchase agreement for a new
or used manufactured dwelling must:
  ' (a)(A) Provide that the purchase is contingent upon the
purchaser securing acceptable financing if necessary; and
  ' (B) Provide that the purchase is contingent upon the
purchaser securing a rental agreement for space in a manufactured
dwelling park, if applicable.
  ' (b)(A) Include a place for the purchaser to indicate whether
the dwelling is being purchased for placement on rented space in
a manufactured dwelling park; or
  ' (B) Include a place for the purchaser to indicate whether a
dwelling located in a manufactured dwelling park is being
purchased with the intention that the dwelling remain where it is
located.
  ' (2) If a new or used manufactured dwelling is purchased for
placement in a manufactured dwelling park or with the intention
that the dwelling remain at a manufactured dwelling park
location, the purchase agreement must:
  ' (a) Specify the time available for the purchaser to secure
and sign a rental agreement, not to exceed 90 calendar days.
  ' (b) Provide that failure of the purchaser to secure and sign
a rental agreement within the specified time terminates the
purchase agreement.
  ' (c) Inform the purchaser that the purchaser may rescind a
rental agreement for space in a manufactured dwelling park on or
before 12 midnight of the third day after the purchaser signs the
rental agreement.
  ' (d) Provide that if the purchaser rescinds the rental
agreement within the time allowed under paragraph (c) of this
subsection, the purchase agreement for the manufactured dwelling
is also rescinded.
  ' (e) Provide that if the purchase of a manufactured dwelling
closes prior to expiration of the purchaser's right to rescind a
rental agreement as described in paragraph (c) of this
subsection, the purchaser may void the purchase agreement on or
before the 60th day following the closing.
  ' (f) Inform the purchaser how to contact the Manufactured
Dwelling Park Ombudsman to obtain additional general information
regarding the rescission right or other consumer information
regarding manufactured dwelling parks.
  ' (3) A purchase agreement subject to subsection (2) of this
section must state the required provisions of subsection (2)(c)
and (f) of this section in bold print with at least a 14-point
font.
  ' (4) If the sale of a manufactured dwelling is contingent upon
the purchaser securing a rental agreement for space in a
manufactured dwelling park, the seller of the dwelling may
require the purchaser to provide a copy of the secured rental
agreement.  If the purchaser's right to rescind the rental
agreement has expired, the seller may require the purchaser to
provide an affidavit stating that the purchaser did not exercise
the right to rescind the rental agreement. Provision of the
affidavit by the purchaser is conclusive proof that the
contingency described in subsection (1)(a)(B) of this section has
been satisfied and that the purchase agreement is not subject to
rescission under subsection (2)(d) of this section or voidable
under subsection (2)(e) of this section. + }
  '  { +  SECTION 6. + }  { + (1) A financial institution doing
business in this state may not close a loan for the purchase of a
manufactured dwelling while the purchaser has a right to rescind
the purchase under section 5 (2)(d) of this 2001 Act. Any loan
made while the purchaser has the right under section 5 (2)(d) of
this 2001 Act to rescind the purchase agreement is voidable by
the purchaser on or before the 60th day following the closing.
  ' (2) If a financial institution provides financing for a
manufactured dwelling purchase and the purchase is contingent
upon the purchaser securing a rental agreement for space in a
manufactured dwelling park, the financial institution may require
the purchaser to provide a copy of the secured rental agreement.
If the purchaser's right to rescind the rental agreement has
expired, the financial institution may require the purchaser to
provide an affidavit stating that the purchaser did not exercise
the right to rescind the rental agreement. Provision of the
affidavit by the purchaser is conclusive proof that the
contingency described in section 5 (1)(a)(B) of this 2001 Act has
been satisfied, that the purchase agreement is not subject to
rescission under section 5 (2)(d) of this 2001 Act or voidable by
the purchaser under section 5 (2)(e) of this 2001 Act and that
the loan for purchase of the dwelling is not voidable by the
purchaser under subsection (1) of this section. + }
  '  { +  SECTION 7. + }  { + The Manufactured Dwelling Park
Ombudsman shall develop a rental agreement rescission right
notice for delivery by a landlord to a prospective manufactured
dwelling park tenant as provided in section 2 (3) of this 2001
Act. The notice must include the following:
  ' (1) A clear and conspicuous statement that the tenant may
rescind the rental agreement on or before 12 midnight of the
third business day following the day the tenant signs the
agreement.
  ' (2) A place for the landlord to fill in the date and day of
the week on which the rescission right expires.
  ' (3) A detachable rescission form for use by a tenant in
exercising the right of rescission. The form must provide space
for the landlord to fill in the name of the tenant, the name of
the manufactured dwelling park and the address and number of the
rental space, and space for the tenant to sign and date the
notice.
  ' (4) A place for the landlord to fill in specific instructions
regarding the manner in which the tenant may exercise the right
to rescind the agreement, including but not limited to addresses
for mail delivery and personal delivery of the rescission form
and, if available, a facsimile number for electronic delivery of
the form.
  ' (5) Information regarding how the tenant may contact the
Manufactured Dwelling Park Ombudsman for additional general
information regarding the rescission right or other consumer
information regarding manufactured dwelling parks. + }
  '  { +  SECTION 8. + } ORS 446.543 is amended to read:
  ' 446.543. (1) A Manufactured Dwelling Park Ombudsman is
established in the Housing and Community Services Department.
  ' (2) The ombudsman shall:
  ' (a) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
might lead to improvements in manufactured dwelling park landlord
and tenant relationships;
 
  ' (b) Develop and implement a centralized resource referral
program for tenants and landlords to encourage the voluntary
resolution of disputes;
  ' (c) Maintain a current list of manufactured dwelling parks in
the state, indicating the total number of spaces;
  '  { - (d) Not be directly affiliated, currently or previously,
in any way with a manufactured dwelling park within the preceding
two years; and - }
  '  { - (e) - }  { +  (d) + } Take other actions or perform such
other duties as the Director of the Housing and Community
Services Department deems necessary or appropriate  { - . - }
 { + ; and
  ' (e) Make general information available to the public
regarding the rescission rights of manufactured dwelling
purchasers and persons renting space in manufactured dwelling
parks and other consumer information regarding manufactured
dwelling parks.
  ' (3) The ombudsman may not be directly affiliated, currently
or previously, in any way with a manufactured dwelling park
within the preceding two years. + } ' .
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