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 3689
House Bill 3685
Sponsored by Representative MERKLEY (at the request of Attorney
General's Manufactured Housing Task Force)
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 as
introduced.
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 to provide written
statement to tenant of costs associated with initial and
continued placement of manufactured dwelling in facility.
A BILL FOR AN ACT
Relating to manufactured dwellings.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 and 3 of this 2001 Act:
(1) 'Buyer' has the meaning given that term in ORS 72.1030.
(2) 'Facility' has the meaning given that term in ORS 90.100.
(3) 'Manufactured dwelling' has the meaning given that term in
ORS 90.100.
(4) 'Seller' has the meaning given that term in ORS
72.1030. + }
SECTION 2. { + (1) A seller of a manufactured dwelling who is
acting as a vehicle dealer under ORS chapter 822 must provide a
written statement to the buyer of costs the seller knows or
should reasonably know are associated with the placement of a
manufactured dwelling in a facility. The purpose of the statement
of costs is to provide disclosure to the buyer of the costs
associated with the initial and continued placement of a
manufactured dwelling in the facility.
(2) The written statement of costs must be provided to the
buyer prior to the date the manufactured dwelling is delivered to
a facility.
(3) The written statement of costs shall include but not be
limited to the following, to the extent the costs are known or
should reasonably be known to the seller:
(a) System development charges, building permit fees and any
other installation fees imposed by government agencies;
(b) Installation charges, entry fees and any other
nonrefundable fees imposed by the facility;
(c) Charges, fees, services, goods and accessories included in
the sale price, described with sufficient detail to inform the
buyer of the factors affecting each item's cost; and
(d) Sidewalk and other concrete work, covered parking, plant
materials, landscaping and any other site improvements that the
buyer may or must make to the space in the facility where the
manufactured dwelling is placed. + }
SECTION 3. { + If a seller fails to provide the written
statement of costs under section 2 of this 2001 Act or fails to
disclose in the statement a cost that is known or reasonably
should be known to the seller, a buyer without actual notice that
suffers an ascertainable loss as a result of the failure may
bring an individual action to recover actual damages or $200,
whichever is greater, and may recover attorney fees. + }
SECTION 4. { + The Department of Transportation, in
consultation with the Department of Justice, may adopt rules
necessary and proper for the administration and enforcement of
section 2 of this 2001 Act, including but not limited to rules
establishing a standard form to be used by a seller to provide
the statement of costs to a buyer. + }
SECTION 5. { + Sections 6 to 8 of this 2001 Act are added to
and made a part of ORS 90.505 to 90.840. + }
SECTION 6. { + (1) Every landlord who rents a space for a
manufactured dwelling in a facility shall provide a written
statement of costs to prospective tenants. The purpose of the
statement of costs is to provide disclosure to the tenant of the
costs associated with the initial and continued placement of a
manufactured dwelling in the facility.
(2) Prospective tenants must receive a copy of the statement of
costs before signing a rental agreement.
(3) In addition to any rights granted a tenant under ORS
90.525, a tenant may choose who provides fuel, furnishings,
goods, services or accessories offered by a landlord renting a
space for a manufactured dwelling in a facility.
(4) The written statement of costs shall include but not be
limited to the following, to the extent the costs are known or
should reasonably be known to the landlord:
(a) Costs required under ORS 90.510 that the tenant must pay to
the landlord upon placement of the manufactured dwelling in the
facility;
(b) Fuel, furnishings, goods, services and accessories provided
by the landlord, described with sufficient detail to inform the
buyer of the factors affecting each item's cost;
(c) System development charges, building permit fees and any
other installation fees imposed by government agencies;
(d) Installation charges, entry fees and any other
nonrefundable fees imposed by the facility; and
(e) Sidewalk and other concrete work, covered parking, plant
materials, landscaping and any other site improvements that the
tenant may or must make to the space in the facility where the
manufactured dwelling is placed.
(5) The statement of costs must indicate whether the landlord
or tenant owns the:
(a) Fuel, furnishings, goods, services and accessories paid for
by the tenant and provided by the landlord; and
(b) Site improvements made by the tenant to the space in the
facility where the manufactured dwelling is placed. + }
SECTION 7. { + The Department of Consumer and Business
Services, in consultation with the Department of Justice, may
adopt rules necessary and proper for the administration and
enforcement of section 6 of this 2001 Act, including but not
limited to rules establishing a standard form to be used by a
landlord to provide the statement of costs to a tenant in
accordance with section 6 of this 2001 Act. + }
SECTION 8. { + If a landlord fails to provide the written
statement of costs under section 6 of this 2001 Act or fails to
disclose in the statement of costs a cost that is known or
reasonably should be known to the landlord, a tenant without
actual notice that suffers an ascertainable loss as a result of
the failure may bring an individual action to recover actual
damages or $200, whichever is greater, and may recover attorney
fees. + }
----------