72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2170
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Housing and Community Services Department)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2170 (HB 2170-INTRO) Page 1
{ - 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
(c) Information discovered by the department in investigating a
dispute.
(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;
(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) Take other actions or perform such other duties as the
Director of the Housing and Community Services Department deems
necessary or appropriate.
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Enrolled House Bill 2170 (HB 2170-INTRO) Page 2
Passed by House January 30, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 25, 2003
...........................................................
President of Senate
Enrolled House Bill 2170 (HB 2170-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2170 (HB 2170-INTRO) Page 4