Chapter 21 Oregon Laws 2003

AN ACT

HB 2170

Relating to Manufactured Dwelling Park Ombudsman; amending ORS 90.635, 90.771 and 446.543.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 90.635 is amended to read:

90.635. (1) If a facility is closed or a portion of a facility is closed, resulting in the termination of the rental agreement between the landlord of the facility and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of the state or local agencies, or as provided under ORS 90.630 (5), the landlord shall provide notice to the tenant of the tax credit provided under ORS 316.153. The notice shall state the eligibility requirements for the credit, information on how to apply for the credit and any other information required by the Office of the Manufactured Dwelling Park [Ombudsman] Community Relations by rule.

(2) The landlord shall send the notice described under subsection (1) of this section [shall be sent] to a tenant affected by a facility closure on or before:

(a) The date notice of rental termination must be given to the tenant under ORS 90.630 (5), if applicable; or

(b) In the event of facility closure by exercise of eminent domain or by order of a state or local agency, within 15 days of the date the landlord received notice of the closure.

(3) The landlord shall forward to the office [Manufactured Dwelling Park Ombudsman] a list of the names and addresses of tenants to whom notice under this section has been sent.

(4) The office [Manufactured Dwelling Park Ombudsman] may adopt rules to implement this section, including rules specifying the form and content of the notice described under this section.

SECTION 2. ORS 90.771 is amended to read:

90.771. (1) In order to foster the role of the Office of the Manufactured Dwelling Park [Ombudsman] Community Relations in mediating and resolving disputes between landlords and tenants of manufactured dwelling and floating home facilities, the Housing and Community Services Department shall establish procedures to maintain the confidentiality of information received by the [ombudsman] office pertaining to individual landlords and tenants of facilities and to landlord-tenant disputes. The procedures must comply with the provisions of this section.

(2) Except as provided in subsection (3) of this section, the department shall treat as confidential and not disclose:

(a) The identity of a landlord, tenant or complainant involved in a dispute or of a person who provides information to the department in response to a department investigation of a dispute;

(b) Information provided to the department by a landlord, tenant, complainant or other person relating to a dispute; or

(3) The department may disclose:

(a) Information described in subsection (2) of this section to a state agency; and

(b) Information described in subsection (2) of this section if the landlord, tenant, complainant or other person who provided the information being disclosed, or the legal representative thereof, consents orally or in writing to the disclosure and specifies to whom the disclosure may be made. Only the landlord, tenant, complainant or other person who provided the information to the department may authorize or deny the disclosure of the information.

(4) This section does not prohibit the department from compiling and disclosing examples and statistics that demonstrate information such as the type of dispute, frequency of occurrence and geographical area where the dispute occurred if the identity of the landlord, tenant, complainant and other persons are protected.

SECTION 3. ORS 446.543 is amended to read:

446.543. (1) [A] An Office of the Manufactured Dwelling Park [Ombudsman] Community Relations is established in the Housing and Community Services Department.

(2) [The ombudsman] Office personnel 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;

(d) Not be directly affiliated, currently or previously, in any way with a manufactured dwelling park within the preceding two years; and

(e) Take other actions or perform such other duties as the Director of the Housing and Community Services Department deems necessary or appropriate.

Approved by the Governor March 25, 2003

Filed in the office of Secretary of State March 25, 2003

Effective date January 1, 2004

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