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 3823
House Bill 3743
Sponsored by Representative BARNHART; Representatives ACKERMAN,
BATES, HANSEN, LEONARD, MERKLEY, MORRISETTE, RINGO, TOMEI,
WIRTH
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.
Provides that tenancy in manufactured dwelling park is
guaranteed renewable at option of tenant during scheduled term of
mortgage.
Prohibits landlord from imposing rent increase that exceeds
increased costs of operating manufactured dwelling park during
period that tenant is guaranteed renewal of tenancy. Creates
cause of action for violation, not to exceed twice monthly rent,
plus costs and attorney fees.
A BILL FOR AN ACT
Relating to manufactured dwelling parks.
Be It Enacted by the People of the State of Oregon:
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) A tenant renting a dwelling unit consisting
of space in a manufactured dwelling park may renew the tenancy,
whether fixed term or month-to-month, during the term of the
mortgage on the manufactured dwelling as that term is established
under subsection (3) of this section.
(2) A landlord renting space in a manufactured dwelling park
shall notify a prospective tenant that the tenant is guaranteed
the renewal of the lease for the term described in subsection (1)
of this section. The landlord shall give the tenant the notice
before the tenant signs the rental agreement.
(3) If the tenant presents the landlord with a copy of a
mortgage payment schedule for the manufactured dwelling within 30
days after the tenancy commences, the landlord shall give the
tenant a written statement verifying that the tenant is
guaranteed renewal of the tenancy for the term shown in the
mortgage payment schedule. If the tenant does not provide the
landlord with a copy of a mortgage payment schedule for the
dwelling within 30 days after the tenancy commences, the
scheduled term of the mortgage is conclusively presumed to be 15
years from the date the tenancy commences, and the tenant is
guaranteed renewal of the tenancy during that term. A term
established under this section is not affected by early mortgage
payoffs, refinancing or other changes in mortgage status. For
purposes of this subsection, a tenancy commences on the date that
the tenant takes possession of the rented space.
(4) If a tenant sells a manufactured dwelling for which renewal
of the tenancy is guaranteed pursuant to subsection (3) of this
section, the renewal right of the tenant transfers to the
purchaser for the remainder of the term. A mortgage obtained by
the purchaser does not affect the term for which the purchaser is
guaranteed renewal of the tenancy.
(5) This section does not prevent a landlord from terminating a
tenancy pursuant to ORS 90.630, 90.632 or 90.635.
(6) Violation of this section is a defense to an action for
possession brought under ORS 105.105 to 105.168. In addition to
any other cause of action provided by law, a tenant aggrieved by
a violation of this section may recover twice the monthly rent,
plus costs and attorney fees. + }
SECTION 3. { + (1) Except as provided in this section, a
landlord operating a manufactured dwelling park may not increase
the rent for a dwelling unit during the term that a tenant is
guaranteed renewal of the tenancy pursuant to section 2 of this
2001 Act. A landlord may increase rent during the term that the
tenant is guaranteed renewal of the tenancy if the rent increase
reflects increased costs of operating the park.
(2) A rent increase is conclusively presumed to reflect
increased costs of operating a manufactured dwelling park if the
percentage increase in rent does not exceed the percentage
increase in the Portland Consumer Price Index for All Urban
Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor, or its
successor, since the last rent increase. If a landlord imposes a
rent increase that exceeds the amount conclusively presumed to
reflect increased costs, the landlord must send the tenant
written information demonstrating that the rent increase reflects
actual increases in the costs of operating the park. The
information must include a comparison of the rent increase
imposed by the landlord with the maximum rent that would be
conclusively presumed to reflect increased costs of operating the
park. The information must be sent with the rent increase notice
required by ORS 90.600.
(3) Violation of this section is a defense to an action for
possession brought under ORS 90.505 to 90.840 or 105.105 to
105.168 based on nonpayment of rent. A defense is available under
this subsection only if the tenant makes a timely tender of
payment to the landlord of the maximum rent that would be
conclusively presumed to reflect increased costs of operating the
park, as identified in the information sent by the landlord. In
addition to any other cause of action provided by law, a tenant
aggrieved by a violation of this section may recover twice the
monthly rent, plus costs and attorney fees. + }
SECTION 4. { + Sections 2 and 3 of this 2001 Act apply only to
tenancies entered into on or after the effective date of this
2001 Act. + }
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