Chapter 653
AN ACT
HB 2758
Relating to recreational vehicles; creating
new provisions; and amending ORS 105.115 and 650.390.
Be It Enacted by the People of
the State of
SECTION 1. ORS 105.115 is amended to read:
105.115. (1) Except as
provided by subsections (2) and (3) of this section, the following are causes
of unlawful holding by force within the meaning of ORS 105.110, 105.123 and
105.126:
(a) When the tenant or
person in possession of any premises fails or refuses to pay rent within 10
days after [it] the rent is
due under the lease or agreement under which the tenant or person in possession
holds, or to deliver possession of the premises after being in default on
payment of rent for 10 days.
(b) When the lease by
its terms has expired and has not been renewed, or when the tenant or person in
possession is holding from month to month, or year to year, and remains in
possession after notice to quit as provided in ORS 105.120, or is holding
contrary to any condition or covenant of the lease or is holding possession
without any written lease or agreement.
(c) When the owner or
possessor of a recreational vehicle that was placed or driven onto property
without the prior consent of the property owner, operator or tenant fails to
remove the recreational vehicle. The property owner or operator is not required
to serve a notice to quit the property before commencing an action under ORS
105.126 against a recreational vehicle owner or possessor holding property by
force as described in this paragraph.
(2) In the case of a
dwelling unit to which ORS chapter 90 applies:
(a) The following are
causes of unlawful holding by force within the meaning of ORS 105.110 and
105.123:
(A) When the tenant or
person in possession of any premises fails or refuses to pay rent within 72
hours or 144 hours, as the case may be, of the notice required by ORS 90.394.
(B) When a rental
agreement by its terms has expired and has not been renewed, or when the tenant
or person in possession remains in possession after a valid notice terminating
the tenancy pursuant to ORS chapter 90, or is holding contrary to any valid
condition or covenant of the rental agreement or ORS chapter 90.
(b) A landlord may not
file an action for the return of possession of a dwelling unit based upon a
cause of unlawful holding by force as described in paragraph (a) of this
subsection until after the expiration of a rental agreement for a fixed term
tenancy or after the expiration of the time period provided in a notice terminating
the tenancy.
(3) In an action under
subsection (2) of this section, ORS chapter 90 shall be applied to determine
the rights of the parties, including:
(a) Whether and in what
amount rent is due;
(b) Whether a tenancy or
rental agreement has been validly terminated; and
(c) Whether the tenant
is entitled to remedies for retaliatory conduct by the landlord as provided by
ORS 90.385 and 90.765.
SECTION 2. ORS 650.390 is amended to read:
650.390. (1) A warrantor shall, for a warranty provided by the warrantor:
(a) Provide reasonable
compensation to a dealer for diagnostic and repair services;
(b) Allow a dealer
reasonable periods for completing diagnostic and repair services;
(c) Inform a dealer in
writing of:
(A) The compensation
that the warrantor will pay the dealer to perform warranty service; and
(B) The time period that
the warrantor will allow the dealer to perform warranty service;
[(d) Reimburse the dealer an amount equal to at least 130 percent of the
dealer’s cost of warranty parts, plus the cost to the dealer to return warranty
parts to the supplier of the parts;]
(d) Reimburse the
dealer in an amount equal to 130 percent of the dealer’s cost of warranty
parts, plus the dealer’s shipping expense to return warranty parts to the
supplier of the parts, where “warranty parts” includes parts for which a parts
supplier provides a separate warranty directly to a consumer and where “cost”
means not less than the same price a dealer pays to a warrantor or supplier for
the same part when purchased for a nonwarranty repair;
(e) Approve or
disapprove a dealer’s warranty service claim within 30 days of the dealer’s
submission of the claim to the warrantor; and
(f) Fulfill all warranty
obligations.
(2) In determining the
dealer’s compensation for warranty service, the warrantor shall:
(a) Consider the
prevailing rate for labor charged by other dealers in the communities served by
the dealer’s area of sales responsibility; and
(b) Pay the dealer a
rate for labor that is not less than the reasonable rate the dealer charges to
consumers for nonwarranty service.
(3) A dealer shall
submit a warranty service claim to the warrantor within 30 days of the dealer’s
completion of the warranty service.
(4) A dealer shall
notify the warrantor if the dealer is unable to perform a warranty service.
(5) If the warrantor
approves a dealer’s warranty service claim or fails to disapprove the claim
within 30 days after submission, the warrantor shall pay the warranty service
claim within 45 days of the submission of the claim.
(6) A warrantor may not
disapprove a dealer’s warranty service claim without good cause.
(7) A warrantor may
disapprove a dealer’s warranty service claim if the dealer:
(a) Failed to comply in
a material respect with the warrantor’s written policies and procedures for the
performance of warranty service;
(b) Failed to properly
account for the dealer’s warranty service; or
(c) Misrepresented
warranty service performed or parts used.
(8) If a warrantor
disapproves a dealer’s claim for a defective part on the basis that the part is
not defective, the warrantor may:
(a) Return the part to
the dealer at the warrantor’s expense; or
(b) Pay the dealer not
less than the same price the dealer pays to a warrantor or supplier for the
part when purchased for a nonwarranty repair.
(9) A warrantor that
issues a recall shall include in a recall notice to dealers and owners of new recreational vehicles the date by which the
warrantor expects to make available to dealers parts and equipment necessary to
correct the defects for which the warrantor issued the recall. The warrantor
shall compensate dealers for repairs that dealers make to correct the defects.
[(8)] (10) A grantor or warrantor may not:
(a) Misrepresent a
dealer’s obligation to perform or pay for warranty service; or
(b) Require a dealer to
provide a warranty to a consumer for a recreational vehicle or other product.
[(9)] (11) A warrantor may audit a dealer’s records of a
claim for warranty service for a period of one year from the date the dealer
submitted the claim. If, during an audit, the warrantor discovers a fraudulent
claim, the warrantor may extend the audit period for up to one additional year.
SECTION 3. The amendments to ORS 650.390 by section 2
of this 2007 Act apply to all warrantors operating and all warranties provided
on or after the effective date of this 2007 Act.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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