74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3240
A-Engrossed
Senate Bill 17
Ordered by the Senate May 4
Including Senate Amendments dated May 4
Sponsored by Senator AVAKIAN; Senator BURDICK (at the request of
Manufactured Housing Landlord/Tenant Coalition)
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.
Establishes payment obligation for { - facility - }
{ + manufactured dwelling park + } landlord closing manufactured
dwelling park or portion of park. { - Eliminates option for
180-day facility closure notice. - } Requires landlord closing
{ - facility - } { + manufactured dwelling park + } or portion
of { - facility - } { + park + } to report to { - Housing
and Community Services Department - } { + Office of
Manufactured Dwelling Park Community Relations + } regarding
relocation and abandonment of dwelling units. Modifies notice of
tax benefit given by landlord that closes manufactured dwelling
park or portion of park. Preempts local laws regulating
{ - facility - } { + park + } closures.
{ + Modifies provisions relating to local restrictions on
placement of manufactured dwelling due solely to its age. + }
Exempts from taxation amounts received by manufactured dwelling
tenants for closure of manufactured dwelling park or portion of
park. Allows tax credit to individual who owns and occupies
manufactured dwelling as primary residence and ends tenancy as
result of manufactured dwelling park or portion of park closing.
Makes exemption and credit applicable to tax years beginning on
or after January 1, { - 2008 - } { + 2007 + }.
Eliminates sunset on tax exemptions for gain realized by
manufactured dwelling park landlord from sale of park to certain
associations or organizations or housing authority.
{ + Freezes, for five years, assessment on property converted
from manufactured dwelling park to other use.
Revises provisions relating to manufactured dwelling park
management training.
Provides that facility vacant space that lacks safety from fire
or injury hazards is considered unhabitable. + }
{ - Changes notice and negotiation requirements for landlord
selling facility. - }
{ + Establishes payment obligation for marina landlord
closing marina or portion of marina.
Extends sunset on provisions relating to facility landlord
unlawful trade practices regarding sale of manufactured dwelling
or floating home on rented space. + }
Revises laws regarding termination of tenancy for cause and for
waiver of termination.
{ + Takes effect on 91st day following adjournment sine
die. + }
A BILL FOR AN ACT
Relating to rental residential properties; creating new
provisions; amending ORS 90.100, 90.260, 90.300, 90.425,
90.630, 90.632, 90.635, 90.675, 90.680, 90.730, 92.840,
105.120, 197.485, 316.502 and 446.543 and sections 13 and 14,
chapter 658, Oregon Laws 2003, sections 2 and 3, chapter 619,
Oregon Laws 2005, and sections 7 and 10, chapter 826, Oregon
Laws 2005; repealing ORS 90.415 and 316.153; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
{ +
MANUFACTURED DWELLING PARK CLOSURE OR CONVERSION + }
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of ORS 90.505 to 90.840. + }
SECTION 2. { + (1) If a manufactured dwelling park, or a
portion of the park that includes the space for a manufactured
dwelling, is to be closed and the land or leasehold converted to
a use other than as a manufactured dwelling park, and the closure
is not required by the exercise of eminent domain or by order of
federal, state or local agencies, the landlord may terminate a
month-to-month or fixed term rental agreement for a manufactured
dwelling park space:
(a) By giving the tenant not less than 365 days' notice in
writing before the date designated in the notice for termination;
and
(b) By paying a tenant, for each space for which a rental
agreement is terminated, one of the following amounts, adjusted
as described in ORS 446.543:
(A) $5,000 if the manufactured dwelling is a single-wide
dwelling;
(B) $7,000 if the manufactured dwelling is a double-wide
dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or
larger dwelling.
(2) Notwithstanding subsection (1) of this section, if a
landlord closes a manufactured dwelling park under this section
as a result of converting the park to a subdivision under ORS
92.830 to 92.845, the landlord:
(a) May terminate a rental agreement by giving the tenant not
less than 180 days' notice in writing before the date designated
in the notice for termination.
(b) Is not required to make a payment under subsection (1)(b)
of this section to a tenant who:
(A) Buys the space or lot on which the tenant's manufactured
dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a person who buys the
space or lot.
(3) A notice given under subsection (1) or (2) of this section
shall, at a minimum:
(a) State that the landlord is closing the park, or a portion
of the park, and converting the land or leasehold to a different
use;
(b) Designate the date of closure; and
(c) Include the tax credit notice described in ORS 90.635.
(4) Except as provided in subsections (2) and (5) of this
section, the landlord must pay a tenant the full amount required
under subsection (1)(b) of this section regardless of whether the
tenant relocates or abandons the manufactured dwelling. The
landlord shall pay at least one-half of the payment amount to the
tenant within seven days after receiving from the tenant the
notice described in subsection (5)(a) of this section. The
landlord shall pay the remaining amount no later than seven days
after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this section:
(a) A landlord is not required to make a payment to a tenant as
provided in subsection (1) of this section unless the tenant
gives the landlord not less than 30 days' and not more than 60
days' written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or
abandonment of the manufactured dwelling.
(b) If the manufactured dwelling is abandoned:
(A) The landlord may condition the payment required by
subsection (1) of this section upon the tenant waiving any right
to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant to store, sell or
dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant any penalty, fee or
unaccrued rent for moving out of the manufactured dwelling park
prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for rent for any period
during which the tenant occupies the space and may deduct from
the payment amount required by subsection (1) of this section any
unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent for a manufactured
dwelling park space after giving a notice of termination under
this section to the tenant of the space.
(8) This section does not limit a landlord's right to terminate
a tenancy for nonpayment of rent under ORS 90.394 or for other
cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by
complying with ORS 105.105 to 105.168.
(9) If a landlord is required to close a manufactured dwelling
park by the exercise of eminent domain or by order of a federal,
state or local agency, the landlord shall notify the park tenants
no later than 15 days after the landlord receives notice of the
exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure,
state the reason for the closure, describe the tax credit
available under section 17 of this 2007 Act and any government
relocation benefits known by the landlord to be available to the
tenants and comply with any additional content requirements under
ORS 90.635. + }
SECTION 3. { + (1) A landlord that gives a notice of
termination under section 2 of this 2007 Act shall, at the same
time, send one copy of the notice to the Office of Manufactured
Dwelling Park Community Relations by first class mail. The
landlord shall, at the same time, send a copy of the notice, both
by first class mail and by certified mail with return receipt
requested, for each affected manufactured dwelling, to any
person:
(a) That is not a tenant; and
(b)(A) That the landlord actually knows to be an owner of the
manufactured dwelling; or
(B) That has a lien recorded in the title or ownership document
records for the manufactured dwelling.
(2) A landlord that terminates rental agreements for
manufactured dwelling park spaces under section 2 of this 2007
Act shall, no later than 60 days after the manufactured dwelling
park or portion of the park closes, report to the office:
(a) The number of dwelling unit owners who moved their dwelling
units out of the park; and
(b) The number of dwelling unit owners who abandoned their
dwelling units at the park. + }
SECTION 4. { + (1) Sections 2 and 3 of this 2007 Act preempt
the adoption, application or enforcement of any local law
regulating a closure or partial closure of a manufactured
dwelling park.
(2) Subsection (1) of this section does not limit the adoption
or application of a local law providing incentives or bonuses to
landlords that voluntarily preserve or create affordable housing
related to the closing or partial closing of a manufactured
dwelling park. + }
SECTION 5. { + (1) Section 4 of this 2007 Act applies to the
adoption, application or enforcement of a local law regulating
the closure or partial closure of a manufactured dwelling park
for which the closure notice is given on or after the effective
date of this 2007 Act.
(2) Section 4 of this 2007 Act does not render moot any appeal
pending on the effective date of this 2007 Act from a trial court
final judgment in an action or suit regarding the application of
a local law regulating manufactured dwelling park closures or
partial closures. + }
SECTION 6. ORS 90.100 is amended to read:
90.100. As used in this chapter, unless the context otherwise
requires:
(1) 'Accessory building or structure' means any portable,
demountable or permanent structure, including but not limited to
cabanas, ramadas, storage sheds, garages, awnings, carports,
decks, steps, ramps, piers and pilings, that is:
(a) Owned and used solely by a tenant of a manufactured
dwelling or floating home; or
(b) Provided pursuant to a written rental agreement for the
sole use of and maintenance by a tenant of a manufactured
dwelling or floating home.
(2) 'Action' includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
(3) 'Applicant screening charge' means any payment of money
required by a landlord of an applicant prior to entering into a
rental agreement with that applicant for a residential dwelling
unit, the purpose of which is to pay the cost of processing an
application for a rental agreement for a residential dwelling
unit.
(4) 'Building and housing codes' includes any law, ordinance or
governmental regulation concerning fitness for habitation, or the
construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
(5) 'Conduct' means the commission of an act or the failure to
act.
(6) 'Dealer' means any person in the business of selling,
leasing or distributing new or used manufactured dwellings or
floating homes to persons who purchase or lease a manufactured
dwelling or floating home for use as a residence.
(7) 'Domestic violence' has the meaning given that term in ORS
135.230.
(8) 'Drug and alcohol free housing' means a dwelling unit
described in ORS 90.243.
(9) 'Dwelling unit' means a structure or the part of a
structure that is used as a home, residence or sleeping place by
one person who maintains a household or by two or more persons
who maintain a common household. 'Dwelling unit' regarding a
person who rents a space for a manufactured dwelling or
recreational vehicle or regarding a person who rents moorage
space for a floating home as defined in ORS 830.700, but does not
rent the home, means the space rented and not the manufactured
dwelling, recreational vehicle or floating home itself.
(10) 'Essential service' means:
(a) For a tenancy not consisting of rental space for a
manufactured dwelling, floating home or recreational vehicle
owned by the tenant and not otherwise subject to ORS 90.505 to
90.840:
(A) Heat, plumbing, hot and cold running water, gas,
electricity, light fixtures, locks for exterior doors, latches
for windows and any cooking appliance or refrigerator supplied or
required to be supplied by the landlord; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.320, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the dwelling unit unfit for occupancy.
(b) For a tenancy consisting of rental space for a manufactured
dwelling, floating home or recreational vehicle owned by the
tenant or that is otherwise subject to ORS 90.505 to 90.840:
(A) Sewage disposal, water supply, electrical supply and, if
required by applicable law, any drainage system; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.730, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the rented space unfit for occupancy.
(11) 'Facility' means { - : - } { + a manufactured dwelling
park or a marina. + }
{ - (a) A place where four or more manufactured dwellings are
located, the primary purpose of which is to rent space or keep
space for rent to any person for a fee; or - }
{ - (b) A moorage of contiguous dwelling units that may be
legally transferred as a single unit and are owned by one person
where four or more floating homes are secured, the primary
purpose of which is to rent space or keep space for rent to any
person for a fee. - }
(12) 'Facility purchase association' means a group of three or
more tenants who reside in a facility and have organized for the
purpose of eventual purchase of the facility.
(13) 'Fee' means a nonrefundable payment of money.
(14) 'First class mail' does not include certified or
registered mail, or any other form of mail that may delay or
hinder actual delivery of mail to the recipient.
(15) 'Fixed term tenancy' means a tenancy that has a fixed term
of existence, continuing to a specific ending date and
terminating on that date without requiring further notice to
effect the termination.
(16) 'Floating home' has the meaning given that term in ORS
830.700. 'Floating home' includes an accessory building or
structure.
(17) 'Good faith' means honesty in fact in the conduct of the
transaction concerned.
(18) 'Hotel or motel' means 'hotel' as that term is defined in
ORS 699.005.
(19) 'Informal dispute resolution' means, but is not limited
to, consultation between the landlord or landlord's agent and one
or more tenants, or mediation utilizing the services of a third
party.
(20) 'Landlord' means the owner, lessor or sublessor of the
dwelling unit or the building or premises of which it is a part.
' Landlord' includes a person who is authorized by the owner,
lessor or sublessor to manage the premises or to enter into a
rental agreement.
(21) 'Landlord's agent' means a person who has oral or written
authority, either express or implied, to act for or on behalf of
a landlord.
(22) 'Last month's rent deposit' means a type of security
deposit, however designated, the primary function of which is to
secure the payment of rent for the last month of the tenancy.
(23) 'Manufactured dwelling' means a residential trailer, a
mobile home or a manufactured home as those terms are defined in
ORS 446.003. 'Manufactured dwelling' includes an accessory
building or structure. 'Manufactured dwelling' does not include a
recreational vehicle.
{ + (24) 'Manufactured dwelling park' means a place where
four or more manufactured dwellings are located, the primary
purpose of which is to rent space or keep space for rent to any
person for a charge or fee.
(25) 'Marina' means a moorage of contiguous dwelling units that
may be legally transferred as a single unit and are owned by one
person where four or more floating homes are secured, the primary
purpose of which is to rent space or keep space for rent to any
person for a charge or fee. + }
{ - (24) - } { + (26) + } 'Month-to-month tenancy' means a
tenancy that automatically renews and continues for successive
monthly periods on the same terms and conditions originally
agreed to, or as revised by the parties, until terminated by one
or both of the parties.
{ - (25) - } { + (27) + } 'Organization' includes a
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest, and any other
legal or commercial entity.
{ - (26) - } { + (28) + } 'Owner' includes a mortgagee in
possession and means one or more persons, jointly or severally,
in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
{ - (27) - } { + (29) + } 'Person' includes an individual
or organization.
{ - (28) - } { + (30) + } 'Premises' means:
(a) A dwelling unit and the structure of which it is a part and
facilities and appurtenances therein;
(b) Grounds, areas and facilities held out for the use of
tenants generally or the use of which is promised to the tenant;
and
(c) A facility for manufactured dwellings or floating homes.
{ - (29) - } { + (31) + } 'Prepaid rent' means any payment
of money to the landlord for a rent obligation not yet due. In
addition, ' prepaid rent' means rent paid for a period extending
beyond a termination date.
{ - (30) - } { + (32) + } 'Recreational vehicle' has the
meaning given that term in ORS 446.003.
{ - (31) - } { + (33) + } 'Rent' means any payment to be
made to the landlord under the rental agreement, periodic or
otherwise, in exchange for the right of a tenant and any
permitted pet to occupy a dwelling unit to the exclusion of
others. 'Rent' does not include security deposits, fees or
utility or service charges as described in ORS 90.315 (4) and
90.532.
{ - (32) - } { + (34) + } 'Rental agreement' means all
agreements, written or oral, and valid rules and regulations
adopted under ORS 90.262 or 90.510 (6) embodying the terms and
conditions concerning the use and occupancy of a dwelling unit
and premises. 'Rental agreement' includes a lease. A rental
agreement shall be either a week-to-week tenancy, month-to-month
tenancy or fixed term tenancy.
{ - (33) - } { + (35) + } 'Roomer' means a person occupying
a dwelling unit that does not include a toilet and either a
bathtub or a shower and a refrigerator, stove and kitchen, all
provided by the landlord, and where one or more of these
facilities are used in common by occupants in the structure.
{ - (34) - } { + (36) + } 'Screening or admission criteria'
means a written statement of any factors a landlord considers in
deciding whether to accept or reject an applicant and any
qualifications required for acceptance. 'Screening or admission
criteria ' includes, but is not limited to, the rental history,
character references, public records, criminal records, credit
reports, credit references and incomes or resources of the
applicant.
{ - (35) - } { + (37) + } 'Security deposit' means a
refundable payment or deposit of money, however designated, the
primary function of which is to secure the performance of a
rental agreement or any part of a rental agreement. 'Security
deposit' does not include a fee.
{ - (36) - } { + (38) + } 'Sexual assault' has the meaning
given that term in ORS 147.450.
{ - (37) - } { + (39) + } 'Squatter' means a person
occupying a dwelling unit who is not so entitled under a rental
agreement or who is not authorized by the tenant to occupy that
dwelling unit. ' Squatter' does not include a tenant who holds
over as described in ORS 90.427 (4).
{ - (38) - } { + (40) + } 'Stalking' means the behavior
described in ORS 163.732.
{ - (39) - } { + (41) + } 'Statement of policy' means the
summary explanation of information and facility policies to be
provided to prospective and existing tenants under ORS 90.510.
{ - (40) - } { + (42) + } 'Surrender' means an agreement,
express or implied, as described in ORS 90.148 between a landlord
and tenant to terminate a rental agreement that gave the tenant
the right to occupy a dwelling unit.
{ - (41) - } { + (43) + } 'Tenant' means a person,
including a roomer, entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others, including a dwelling
unit owned, operated or controlled by a public housing authority.
'Tenant' also includes a minor, as defined and provided for in
ORS 109.697. As used in ORS 90.505 to 90.840, 'tenant' includes
only a person who owns and occupies as a residence a manufactured
dwelling or a floating home in a facility and persons residing
with that tenant under the terms of the rental agreement.
{ - (42) - } { + (44) + } 'Transient lodging' means a room
or a suite of rooms.
{ - (43) - } { + (45) + } 'Transient occupancy' means
occupancy in transient lodging that has all of the following
characteristics:
(a) Occupancy is charged on a daily basis and is not collected
more than six days in advance;
(b) The lodging operator provides maid and linen service daily
or every two days as part of the regularly charged cost of
occupancy; and
(c) The period of occupancy does not exceed 30 days.
{ - (44) - } { + (46) + } 'Vacation occupancy' means
occupancy in a dwelling unit, not including transient occupancy
in a hotel or motel, that has all of the following
characteristics:
(a) The occupant rents the unit for vacation purposes only, not
as a principal residence;
(b) The occupant has a principal residence other than at the
unit; and
(c) The period of authorized occupancy does not exceed 45 days.
{ - (45) - } { + (47) + } 'Victim' means a person who is
the subject of domestic violence, sexual assault or stalking.
'Victim' includes a parent or guardian of a minor who is the
subject of domestic violence, sexual assault or stalking.
{ - (46) - } { + (48) + } 'Week-to-week tenancy' means a
tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
(b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under
this chapter; and
(c) There are no fees or security deposits, although the
landlord may require the payment of an applicant screening
charge, as provided in ORS 90.295.
SECTION 7. ORS 90.635 is amended to read:
90.635. (1) If a { - facility is closed - }
{ + manufactured dwelling park + } or a portion of a
{ - facility - } { + manufactured dwelling park + } is closed,
resulting in the termination of the rental agreement between the
landlord of the { - facility - } { + park + } and a tenant
renting space for a manufactured dwelling, whether because of the
exercise of eminent domain, by order of { - the - } { + a
federal, + } state or local
{ - agencies, - } { + agency + } or as provided under
{ - ORS 90.630 (5) - } { + section 2 (1) of this 2007 Act + },
the landlord shall provide notice to the tenant of the tax credit
provided under { - ORS 316.153 - } { + section 17 of this
2007 Act + }. 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 Manufactured
Dwelling Park Community Relations { + or the Department of
Revenue + } by rule. { + The notice shall also state that the
closure may allow the taxpayer to appeal the property tax
assessment on the manufactured dwelling.
(2) The office shall adopt rules establishing a sample form for
the notice described in this section and the notice described in
section 2 (3) of this 2007 Act.
(3) The department, in consultation with the office, shall
adopt rules establishing a sample form and explanation for the
property tax assessment appeal. + }
{ - (2) The landlord shall send the notice described under
subsection (1) of this section 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 a list of
the names and addresses of tenants to whom notice under this
section has been sent. - }
(4) The office may adopt rules to { - implement - } { +
administer + } this section { - , including rules specifying the
form and content of the notice described under this section - } .
SECTION 8. ORS 92.840 is amended to read:
92.840. (1) Notwithstanding the provisions of ORS 92.016 (1),
prior to the approval of a tentative plan, the declarant may
negotiate to sell a lot in a manufactured dwelling park or a
mobile home park for which approval is required under ORS 92.830
to 92.845.
(2) Prior to the sale of a lot in a park, the declarant shall
offer to sell the lot to the tenant who occupies the lot. The
offer required under this subsection:
(a) Terminates 60 days after receipt of the offer by the tenant
or upon written rejection of the offer, whichever occurs first;
and
(b) Does not constitute a notice of termination of the tenancy.
(3) The declarant may not sell the lot to a person other than
the tenant for 60 days after termination of the offer required
under subsection (2) of this section at a price or on terms that
are more favorable to the purchaser than the price or terms that
were offered to the tenant.
(4) After the park has been submitted for subdivision under ORS
92.830 to 92.845 and until a lot is offered for sale in
accordance with subsection (2) of this section, the declarant
shall notify a prospective tenant, in writing, prior to the
commencement of the tenancy, that the park has been submitted for
subdivision and that the tenant is entitled to receive an offer
to purchase the lot under subsection (2) of this section.
(5) Prior to any sale of a lot in a subdivision created in the
park, the declarant must provide the tenant or other potential
purchaser of the lot with information about the homeowners
association formed by the declarant as required by ORS 94.625.
The information must, at a minimum, include the association name
and type and any rights set forth in the declaration required by
ORS 94.580.
(6) The declarant may not begin improvements or rehabilitation
to the lot during the period described in { - ORS 90.630
(5) - } { + the landlord's notice of termination under section
2 of this 2007 Act + } without the permission of the tenant.
(7) The declarant may begin improvements or rehabilitation to
the common property as defined in the declaration during the
period described in { - ORS 90.630 (5) - } { + the landlord's
notice of termination under section 2 of this 2007 Act + }.
(8) Nothing in this section prevents the declarant from
terminating a tenancy in the park in compliance with ORS 90.630
{ - , - } { + and + } 90.632 and { - 90.635 - } { + section
2 of this 2007 Act + }. However, the declarant shall make the
offer required under subsection (2) of this section to a tenant
whose tenancy is terminated after approval of the tentative plan
unless the termination is for cause under ORS 90.392, 90.394,
90.396, 90.630 (1) or { - (12) - } { + (8) + } or 90.632.
SECTION 9. ORS 446.543 is amended to read:
446.543. (1) An Office of Manufactured Dwelling Park Community
Relations is established in the Housing and Community Services
Department.
(2) 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.
{ + (3) The office shall adopt rules to administer sections 2
and 3 of this 2007 Act. The office may annually adopt rules
adjusting the payment amounts described in section 2 (1) of this
2007 Act to reflect changes in the Portland-Salem Consumer Price
Index for All Urban Consumers for All Items, as reported by the
United States Bureau of Labor Statistics. + }
{ +
RELOCATION OF DISPLACED MANUFACTURED DWELLINGS + }
SECTION 10. ORS 197.485 is amended to read:
197.485. (1) A jurisdiction may not prohibit placement of a
manufactured dwelling, due solely to its age, in a mobile home or
manufactured dwelling park in a zone with a residential density
of eight to 12 units per acre.
(2) A jurisdiction may not prohibit placement of a manufactured
dwelling, due solely to its age, { + on a buildable lot or
parcel located outside urban growth boundaries or on a space + }
in a mobile home or manufactured dwelling park { + , + } if the
manufactured dwelling is being relocated due to the closure of a
mobile home or manufactured dwelling park or a portion of a
mobile home or manufactured dwelling park.
(3) A jurisdiction may impose reasonable safety and inspection
requirements for homes that were not constructed in conformance
with the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5403).
{ +
TENANT TAX EXEMPTIONS AND CREDITS + }
SECTION 11. { + Section 12 of this 2007 Act is added to and
made a part of ORS chapter 316. + }
SECTION 12. { + Amounts received by a taxpayer under section 2
(1) of this 2007 Act are exempt from the taxes imposed by this
chapter. + }
SECTION 13. { + Section 14 of this 2007 Act is added to and
made a part of ORS chapter 317. + }
SECTION 14. { + Amounts received by a taxpayer under section 2
(1) of this 2007 Act are exempt from the taxes imposed by this
chapter. + }
SECTION 15. { + Sections 12 and 14 of this 2007 Act apply to
tax years beginning on or after January 1, 2007. + }
SECTION 16. { + Section 17 of this 2007 Act is added to and
made a part of ORS chapter 316. + }
SECTION 17. { + (1) As used in this section:
(a) 'Household' has the meaning given that term in ORS 310.630.
(b) 'Manufactured dwelling' has the meaning given that term in
ORS 446.003.
(c) 'Manufactured dwelling park' means a place within this
state where four or more manufactured dwellings are located, the
primary purpose of which is to rent space or keep space for rent
to any person for a charge or fee.
(d) 'Rental agreement' means a contract under which an
individual rents space in a manufactured dwelling park for siting
a manufactured dwelling.
(2) A credit of $10,000 against the taxes otherwise due under
this chapter is allowed to an individual who:
(a) Rents space in a manufactured dwelling park for a
manufactured dwelling that is owned and occupied by the
individual as the individual's principal residence on the date
that the landlord delivers notice that the park, or a portion of
the park, is being closed and the rental agreement for the space
is being terminated because of the exercise of eminent domain, by
order of a federal, state or local agency or as provided under
section 2 (1) or (2) of this 2007 Act; and
(b) Ends tenancy at the manufactured dwelling park site in
response to the delivered notice described in paragraph (a) of
this subsection. For purposes of this paragraph:
(A) Tenancy by the individual at the manufactured dwelling park
site ends on the last day that a member of the individual's
household occupies the manufactured dwelling at the manufactured
dwelling park site; and
(B) Tenancy by the individual at the manufactured dwelling park
site does not end if the manufactured dwelling park is converted
to a subdivision under ORS 92.830 to 92.845 and the individual
buys a space or lot in the subdivision or sells the manufactured
dwelling to a person who buys a space or lot in the subdivision.
(3) Notwithstanding subsection (2) of this section, if the
manufactured dwelling park, or a portion of the park, is being
closed and the rental agreement of the individual is being
terminated because of the exercise of eminent domain, the credit
amount allowed to the individual is the amount described in
subsection (2) of this section, reduced by any amount that was
paid to the individual as compensation for the exercise of
eminent domain.
(4) An individual may not claim more than one credit under this
section for tenancies ended during the tax year.
(5) If, for the year in which the individual ends the tenancy
at the manufactured dwelling park site, the amount of the credit
allowed by this section, when added to the sum of the amounts
allowable as payment of tax under ORS 316.187 and 316.583 plus
other tax prepayment amounts and other refundable credit amounts,
exceeds the taxes imposed by this chapter or ORS chapter 314 for
the tax year, reduced by any nonrefundable credits allowable for
purposes of this chapter for the tax year, the amount of the
excess shall be refunded to the individual as provided in ORS
316.502.
(6) If more than one individual in a household qualifies under
this section to claim the tax credit, the qualifying individuals
may each claim a share of the available credit that is in
proportion to their respective gross incomes for the tax
year. + }
SECTION 18. { + Section 17 of this 2007 Act applies to
individuals whose household ends tenancy at a manufactured
dwelling park site during a tax year that begins on or after
January 1, 2007. + }
SECTION 19. ORS 316.502, as amended by section 4a, chapter 826,
Oregon Laws 2005, is amended to read:
316.502. (1) The net revenue from the tax imposed by this
chapter, after deducting refunds, shall be paid over to the State
Treasurer and held in the General Fund as miscellaneous receipts
available generally to meet any expense or obligation of the
State of Oregon lawfully incurred.
(2) A working balance of unreceipted revenue from the tax
imposed by this chapter may be retained for the payment of
refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are continuously appropriated to the Department of
Revenue to make:
(a) The refunds authorized under subsection (2) of this
section; and
(b) The refund payments in excess of tax liability authorized
under ORS 315.262 and 315.266 { + and section 17 of this 2007
Act + }.
SECTION 20. ORS 316.502, as amended by section 4a, chapter 826,
Oregon Laws 2005, and section 60, chapter 832, Oregon Laws 2005,
is amended to read:
316.502. (1) The net revenue from the tax imposed by this
chapter, after deducting refunds, shall be paid over to the State
Treasurer and held in the General Fund as miscellaneous receipts
available generally to meet any expense or obligation of the
State of Oregon lawfully incurred.
(2) A working balance of unreceipted revenue from the tax
imposed by this chapter may be retained for the payment of
refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are continuously appropriated to the Department of
Revenue to make:
(a) The refunds authorized under subsection (2) of this
section; and
(b) The refund payments in excess of tax liability authorized
under ORS 315.262 { + and section 17 of this 2007 Act + }.
SECTION 20a. { + The amendments to ORS 316.502 by sections 19
and 20 of this 2007 Act apply to refunds for credits claimed for
tax years beginning on or after January 1, 2007. + }
{ +
MANUFACTURED DWELLING PARK LANDLORD TAX EXEMPTIONS + }
SECTION 21. Section 7, chapter 826, Oregon Laws 2005, is
amended to read:
{ + Sec. 7. + } Section 6 { - of this 2005 Act - } { + ,
chapter 826, Oregon Laws 2005, + } applies to tax years beginning
on or after January 1, 2006 { - , and before January 1, 2008 - }
.
SECTION 22. Section 10, chapter 826, Oregon Laws 2005, is
amended to read:
{ + Sec. 10. + } Section 9 { - of this 2005 Act - } { + ,
chapter 826, Oregon Laws 2005, + } applies to tax years beginning
on or after January 1, 2006 { - , and before January 1, 2008 - }
.
{ +
ASSESSMENT OF CLOSED MANUFACTURED DWELLING PARK + }
SECTION 23. { + (1) For purposes of ORS 308.232, the assessed
value of property converted from a manufactured dwelling park to
other use shall be not more than its assessed value as it appears
in the last certified assessment roll next preceding the date on
which the application for limited assessment is filed with the
governing body as provided in subsection (2) of this section. If
a certificate of qualification is filed with the assessor as
provided in subsection (4) of this section after December 31 and
before April 1, the limited assessment shall apply with respect
to the first assessment roll certified after that date or, if the
certificate of qualification is filed on or after April 1 and
before January 1, the limited assessment shall apply as of the
following January 1, and shall continue to apply for a total of
five consecutive assessment rolls.
(2) To qualify for the limited assessment under this section,
the owner of property described in subsection (1) of this section
shall file an application for limited assessment with the
governing body that contains any information the governing body
deems necessary to determine whether the property qualifies for
limited assessment.
(3) The governing body or its duly authorized agent shall
approve or deny an application filed under subsection (2) of this
section within 90 days after receipt of the application. An
application not acted upon within 90 days shall be deemed
approved.
(4) The governing body shall complete a certificate of
qualification on a form approved by the Department of Revenue and
file the certificate with the county assessor. The certificate
shall contain a statement by a duly authorized agent of the
governing body that the property qualifies for limited assessment
under this section. In addition, the governing body shall file
with the county assessor copies of applications filed and deemed
approved under subsections (2) and (3) of this section.
(5) If the application is denied, the governing body or its
authorized agent shall state in writing the reasons for denial
and send the notice to the applicant at the last-known address of
the applicant within 10 days after the denial.
(6) Upon denial by a duly authorized agent, an applicant may
appeal the denial to the governing body within 30 days after
receipt of the denial. Upon denial of the appeal by the governing
body, or denial of the application, the applicant may appeal to
the circuit court, and from the decision of the circuit court to
the Court of Appeals, as provided by law.
(7) A property that has qualified for limited assessment under
this section remains qualified during the five-year period
regardless of the use, zoning or ownership of the property. + }
SECTION 24. { + Section 23 of this 2007 Act applies to the
assessment of property that is converted from use as a
manufactured dwelling park on or after the effective date of this
2007 Act. + }
{ +
CLOSURE OF MARINAS + }
SECTION 25. { + (1) If a marina or a portion of the marina
that includes a marina space is to be closed and the land or
leasehold converted to a different use, and the closure is not
required by the exercise of eminent domain or by order of a
federal, state or local agency, the landlord of the marina may
terminate a month-to-month or fixed term rental agreement for a
marina space by giving the tenant:
(a) Not less than 365 days' notice in writing before the date
designated in the notice for termination; or
(b) Not less than 180 days' notice in writing before the date
designated in the notice for termination, if:
(A) The landlord finds space acceptable to the tenant to which
the tenant can move the floating home; and
(B) The landlord pays the cost of moving and set-up expenses or
$3,500, whichever is less.
(2) The landlord may:
(a) Provide greater financial incentive to encourage the tenant
to accept an earlier termination date than that provided in
subsection (1) of this section; or
(b) Contract with the tenant for a mutually acceptable
arrangement to assist the tenant's move.
(3) The Housing and Community Services Department shall adopt
rules to administer this section.
(4)(a) A landlord may not increase the rent for a dwelling unit
for the purpose of offsetting the payments required under this
section.
(b) A landlord may not increase the rent for a dwelling unit
after giving a notice of termination under this section to the
tenant.
(5) Nothing in subsection (1) of this section shall prevent a
landlord from relocating a floating home to another comparable
space in the same marina, or in another marina owned by the same
owner in the same city, if the landlord desires or is required to
make repairs, to remodel or to modify the tenant's original
space.
(6) This section does not limit a landlord's right to terminate
a tenancy for nonpayment of rent under ORS 90.394 or for other
cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by
complying with ORS 105.105 to 105.168.
(7) If a landlord is required to close a marina by the exercise
of eminent domain or by order of a federal, state or local
agency, the landlord shall notify the marina tenants no later
than 15 days after the landlord receives notice of the exercise
of eminent domain or of the agency order. The notice to the
tenants shall be in writing, designate the date of closure, state
the reason for the closure and describe any government relocation
benefits known by the landlord to be available to the
tenants. + }
{ +
TERMINATION OF TENANCY + }
SECTION 26. { + Sections 27 to 29 of this 2007 Act are added
to and made a part of ORS 90.100 to 90.459. + }
SECTION 27. { + (1) As used in this section and sections 28
and 29 of this 2007 Act, 'rent' does not include funds paid under
the United States Housing Act of 1937 (42 U.S.C. 1437f).
(2) Except as otherwise provided in this section, a landlord
waives the right to terminate a rental agreement for a particular
violation of the rental agreement or of law if the landlord:
(a) During three or more separate rental periods, accepts rent
with knowledge of the violation by the tenant; or
(b) Accepts performance by a tenant that varies from the terms
of the rental agreement.
(3) A landlord has not accepted rent for purposes of subsection
(2) of this section if:
(a) Within 10 days after receipt of the rent payment, the
landlord refunds the rent; or
(b) The rent payment is made in the form of a check that is
dishonored.
(4) A landlord does not waive the right to terminate a rental
agreement for a violation under any of the following
circumstances:
(a) The landlord and tenant agree otherwise after the violation
has occurred.
(b) The violation concerns the tenant's conduct and, following
the violation but prior to acceptance of rent for three rental
periods or performance as described in subsection (2) of this
section, the landlord gives a written warning notice to the
tenant regarding the violation that:
(A) Describes specifically the conduct that constitutes the
violation, either as a separate and distinct violation, a series
or group of violations or a continuous or ongoing violation;
(B) States that the tenant is required to discontinue the
conduct or correct the violation; and
(C) States that a reoccurrence of the conduct that constitutes
a violation may result in a termination of the tenancy pursuant
to ORS 90.392, 90.398, 90.405 or 90.630.
(c) The tenancy consists of rented space for a manufactured
dwelling or floating home as described in ORS 90.505, and the
violation concerns:
(A) Disrepair or deterioration of the manufactured dwelling or
floating home pursuant to ORS 90.632; or
(B) A failure to maintain the rented space, as provided by ORS
90.740 (2), (4)(b) and (4)(h).
(d) The termination is under ORS 90.396.
(e) The landlord accepts:
(A) A last month's rent deposit collected at the beginning of
the tenancy, regardless of whether the deposit covers a period
beyond a termination date;
(B) Rent distributed pursuant to a court order releasing money
paid into court as provided by ORS 90.370 (1); or
(C) Rent paid for a rent obligation not yet due and paid more
than one rental period in advance.
(5) For a continuous or ongoing violation, the landlord's
written warning notice under subsection (4)(b) of this section
remains effective for 12 months and may be renewed with a new
warning notice before the end of the 12 months.
(6) A landlord that must refund rent under this section shall
make the refund to the tenant or other payer by personal delivery
or first class mail. The refund may be in the form of the
tenant's or other payer's check or in any other form of check or
money. + }
SECTION 28. { + (1) If a notice of termination has been given
by the landlord or the tenant, the following do not waive the
right of the landlord to terminate on the notice and do not
reinstate the tenancy:
(a) Except when the notice is a nonpayment of rent termination
notice under ORS 90.394, the acceptance of rent if:
(A) The rent is prorated to the termination date specified in
the notice; or
(B) The landlord refunds at least the unused balance of the
rent prorated for the period beyond the termination date within
10 days after receiving the rent payment.
(b) Except if the termination is for cause under ORS 90.392,
90.398, 90.405, 90.630 or 90.632, the acceptance of rent for a
rental period that extends beyond the termination date in the
notice, if the landlord refunds at least the unused balance of
the rent for the period beyond the termination date within 10
days after the end of the remedy or correction period described
in the applicable notice.
(c) If the termination is for cause under ORS 90.392, 90.398,
90.405, 90.630 or 90.632 and proceedings have commenced under ORS
105.105 to 105.168 to recover possession of the premises based on
the termination:
(A) The acceptance of rent for a period beyond the expiration
of the notice of termination during which the tenant remains in
possession if:
(i) The landlord notifies the tenant in writing in, or after
the service of, the notice of termination for cause that the
acceptance of rent while an action for possession is pending will
not waive the right to terminate under the notice; and
(ii) The rent does not cover a period that extends beyond the
date the rent payment is accepted.
(B) Service of a nonpayment of rent termination notice under
ORS 90.394.
(2) The following do not waive the right of the landlord to
terminate on a notice of termination given by the landlord or the
tenant and do not reinstate a tenancy:
(a) The acceptance of a last month's rent deposit collected at
the beginning of the tenancy, whether or not the deposit covers a
period beyond a termination date.
(b) The acceptance of rent distributed under a court order
releasing money that was paid into the court as provided under
ORS 90.370 (1).
(c) The acceptance of rent paid for a rent obligation not yet
due and paid more than one rental period in advance.
(3) When a landlord must refund rent under this section, the
refund shall be made to the tenant or other payer by personal
delivery or first class mail and may be in the form of the
tenant's or other payer's check or in any other form of check or
money. + }
SECTION 29. { + (1) A tenant's duty regarding rent payments is
to tender to the landlord an offer of the full amount of rent
owed within the time allowed by law and by the rental agreement
provisions regarding payment. A landlord may refuse to accept a
rent tender that is for less than the full amount of rent owed or
that is untimely.
(2) A landlord may accept a partial payment of rent. The
acceptance of a partial payment of rent in a manner consistent
with subsection (3) of this section does not constitute a waiver
under section 27 (2)(b) of this 2007 Act of the landlord's right
to terminate the tenancy under ORS 90.394 for nonpayment of the
balance of the rent owed.
(3) A landlord and tenant may by written agreement provide that
monthly rent shall be paid in regular installments of less than a
month pursuant to a schedule specified in the agreement.
Installment rent payments described in this subsection are not
partial payment of rent for purposes of this section.
(4) The acceptance of a partial payment of rent waives the
right of the landlord to terminate the tenant's rental agreement
under ORS 90.394 for nonpayment of rent unless:
(a)(A) The landlord accepted the partial payment of rent before
the landlord gave a nonpayment of rent termination notice under
ORS 90.394 based on the tenant's agreement to pay the balance by
a time certain and the tenant does not pay the balance of the
rent as agreed;
(B) The landlord's notice of termination is served no earlier
than it would have been permitted under ORS 90.394 had no rent
been accepted; and
(C) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours or 144 hours, as the case may be, or by any date to which
the parties agreed, whichever is later; or
(b) The landlord accepted a partial payment of rent after
giving a nonpayment of rent termination notice under ORS 90.394
and entered into a written agreement with the tenant that the
acceptance does not constitute waiver. The agreement may provide
that the landlord may terminate the rental agreement and take
possession as provided in ORS 105.105 to 105.168 without serving
a new notice under ORS 90.394 if the tenant fails to pay the
balance of the rent by a time certain.
(5) Notwithstanding any acceptance of a partial payment of rent
under subsection (4) of this section, the tenant continues to owe
the landlord the unpaid balance of the rent. + }
SECTION 30. { + ORS 90.415 and 316.153 are repealed. + }
SECTION 30a. { + The repeal of ORS 316.153 by section 30 of
this 2007 Act applies to tax years beginning on or after January
1, 2007. + }
SECTION 31. ORS 90.425 is amended to read:
90.425. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for a manufactured dwelling or floating home
by an informed buyer to an informed seller, each acting without
compulsion in an arm's-length transaction occurring on the
assessment date for the tax year or on the date of a subsequent
reappraisal by the county assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Goods' includes those goods left inside a recreational
vehicle, manufactured dwelling or floating home or left upon the
rental space outside a recreational vehicle, manufactured
dwelling or floating home, whether the recreational vehicle,
dwelling or home is located inside or outside of a facility.
(d) 'Lienholder' means any lienholder of an abandoned
recreational vehicle, manufactured dwelling or floating home, if
the lien is of record or the lienholder is actually known to the
landlord.
(e) 'Of record' means:
(A) For a recreational vehicle that is not a manufactured
structure as defined in ORS 446.561, that a security interest has
been properly recorded with the Department of Transportation
pursuant to ORS 802.200 (1)(a)(A) and 803.097.
(B) For a manufactured dwelling or recreational vehicle that is
a manufactured structure as defined in ORS 446.561, that a
security interest has been properly recorded for the manufactured
dwelling or recreational vehicle in the records of the Department
of Consumer and Business Services pursuant to ORS 446.611 or on a
certificate of title issued by the Department of Transportation
prior to May 1, 2005.
(C) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(f) 'Owner' means any owner of an abandoned recreational
vehicle, manufactured dwelling or floating home, if different
from the tenant and either of record or actually known to the
landlord.
(g) 'Personal property' means goods, vehicles and recreational
vehicles and includes manufactured dwellings and floating homes
not located in a facility. 'Personal property ' does not include
manufactured dwellings and floating homes located in a facility
and therefore subject to being stored, sold or disposed of as
provided under ORS 90.675.
(2) A landlord may not store, sell or dispose of abandoned
personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants
and any lienholders or owners in any personal property abandoned
or left upon the premises by the tenant or any lienholder or
owner in the following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord receives possession of the premises from the
sheriff following restitution pursuant to ORS 105.161.
(3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) In addition to the notice required by subsection (3) of
this section, in the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, a landlord shall also
give a copy of the notice described in subsection (3) of this
section to:
(A) Any lienholder of the recreational vehicle, manufactured
dwelling or floating home;
(B) Any owner of the recreational vehicle, manufactured
dwelling or floating home;
(C) The tax collector of the county where the manufactured
dwelling or floating home is located; and
(D) The assessor of the county where the manufactured dwelling
or floating home is located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
must state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder or owner must contact the
landlord by a specified date, as provided in subsection (6) of
this section, to arrange for the removal of the abandoned
personal property;
(c) The personal property is stored at a place of safekeeping,
except that if the property includes a manufactured dwelling or
floating home, the dwelling or home must be stored on the rented
space;
(d) The tenant or any lienholder or owner, except as provided
by subsection (18) of this section, may arrange for removal of
the personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder or owner, except as
provided by subsection (18) of this section, by appointment at
reasonable times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of removal and storage charges, as
provided by subsection (7)(d) of this section, prior to releasing
the personal property to the tenant or any lienholder or owner;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder or owner fails to contact
the landlord by the specified date, or after that contact, fails
to remove the personal property within 30 days for recreational
vehicles, manufactured dwellings and floating homes or 15 days
for all other personal property, the landlord may sell or dispose
of the personal property. If the landlord reasonably believes
that the personal property will be eligible for disposal pursuant
to subsection (10)(b) of this section and the landlord intends to
dispose of the property if the property is not claimed, the
notice shall state that belief and intent; and
(i) If the personal property includes a recreational vehicle,
manufactured dwelling or floating home and if applicable, there
is a lienholder or owner that has a right to claim the
recreational vehicle, dwelling or home, except as provided by
subsection (18) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant, lienholder or owner must
contact a landlord to arrange for the disposition of abandoned
personal property is:
(a) For abandoned recreational vehicles, manufactured dwellings
or floating homes, not less than 45 days after personal delivery
or mailing of the notice; or
(b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after mailing of
the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store any abandoned manufactured dwelling or floating
home on the rented space and shall exercise reasonable care for
the dwelling or home;
(b) Shall store all other abandoned personal property of the
tenant, including goods left inside a recreational vehicle,
manufactured dwelling or floating home or left upon the rented
space outside a recreational vehicle, dwelling or home, in a
place of safekeeping and shall exercise reasonable care for the
personal property, except that the landlord may:
(A) Promptly dispose of rotting food; and
(B) Allow an animal control agency to remove any abandoned pets
or livestock. If an animal control agency will not remove the
abandoned pets or livestock, the landlord shall exercise
reasonable care for the animals given all the circumstances,
including the type and condition of the animals, and may give the
animals to an agency that is willing and able to care for the
animals, such as a humane society or similar organization;
(c) Except for manufactured dwellings and floating homes, may
store the abandoned personal property at the dwelling unit, move
and store it elsewhere on the premises or move and store it at a
commercial storage company or other place of safekeeping; and
(d) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal, including any cost of
removal to a place of storage. In the case of an abandoned
manufactured dwelling or floating home, the storage charge may be
no greater than the monthly space rent last payable by the
tenant.
(8) If a tenant, lienholder or owner, upon the receipt of the
notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before
the specified date in the landlord's notice that the tenant,
lienholder or owner intends to remove the personal property from
the premises or from the place of safekeeping, the landlord must
make that personal property available for removal by the tenant,
lienholder or owner by appointment at reasonable times during the
15 days or, in the case of a recreational vehicle, manufactured
dwelling or floating home, 30 days following the date of the
response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to
subsection (2)(a) or (b) of this section, but not pursuant to
subsection (2)(c) of this section, the landlord may require
payment of removal and storage charges, as provided in subsection
(7)(d) of this section, prior to allowing the tenant, lienholder
or owner to remove the personal property. Acceptance by a
landlord of such payment does not operate to create or reinstate
a tenancy or create a waiver pursuant to { - ORS 90.415 - }
{ + section 27 or 29 of this 2007 Act + }.
(9) Except as provided in subsections (18) to (20) of this
section, if the tenant, lienholder or owner of a recreational
vehicle, manufactured dwelling or floating home does not respond
within the time provided by the landlord's notice, or the tenant,
lienholder or owner does not remove the personal property within
the time required by subsection (8) of this section or by any
date agreed to with the landlord, whichever is later, the
tenant's, lienholder's or owner's personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder or owner that have been given notice pursuant to
subsection (3) or (4) of this section shall, except with regard
to the distribution of sale proceeds pursuant to subsection (13)
of this section, have no further right, title or interest to the
personal property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale of a recreational vehicle,
manufactured dwelling or floating home:
(A) The landlord may seek to transfer ownership of record of
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the recreational vehicle, manufactured dwelling
or floating home is located. The notice shall state:
(I) That the recreational vehicle, manufactured dwelling or
floating home is abandoned;
(II) The tenant's and owner's name, if of record or actually
known to the landlord;
(III) The address and any space number where the recreational
vehicle, manufactured dwelling or floating home is located, and
any plate, registration or other identification number for a
recreational vehicle or floating home noted on the certificate of
title, if actually known to the landlord;
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the recreational vehicle, manufactured dwelling or
floating home;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder and owner, by personal delivery
or first class mail, except that for any lienholder, mail service
must be by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes and assessments on the manufactured dwelling or floating
home have been paid or, if not paid, that the county has
authorized the sale, with the sale proceeds to be distributed
pursuant to subsection (13) of this section;
(b) Destroy or otherwise dispose of the personal property if
the landlord determines that:
(A) For a manufactured dwelling or floating home, the current
market value of the property is $8,000 or less as determined by
the county assessor; or
(B) For all other personal property, the reasonable current
fair market value is $500 or less or so low that the cost of
storage and conducting a public sale probably exceeds the amount
that would be realized from the sale; or
(c) Consistent with paragraphs (a) and (b) of this subsection,
sell certain items and destroy or otherwise dispose of the
remaining personal property.
(11)(a) A public or private sale authorized by this section
must:
(A) For a recreational vehicle, manufactured dwelling or
floating home, be conducted consistent with the terms listed in
subsection (10)(a)(B)(i) of this section. Every aspect of the
sale including the method, manner, time, place and terms must be
commercially reasonable; or
(B) For all other personal property, be conducted under the
provisions of ORS 79.0610.
(b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property is considered to be worth
$8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord
intentionally misrepresents the condition of a manufactured
dwelling or floating home, the landlord is not liable for the
condition of the dwelling or home to:
(a) A buyer of the dwelling or home at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the dwelling or home pursuant to subsection (1)(b), (10)(b)
or (11)(b) of this section.
(13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) If the sale was of a manufactured dwelling or floating
home, after deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) If the sale was of a recreational vehicle, manufactured
dwelling or floating home, after deducting the amounts listed in
paragraphs (a) and (b) of this subsection, if applicable, the
landlord shall remit the remaining proceeds, if any, to any
lienholder to the extent of any unpaid balance owed on the lien
on the recreational vehicle, dwelling or home.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant or owner the remaining proceeds, if any,
together with an itemized accounting.
(e) If the tenant or owner cannot after due diligence be found,
the landlord shall deposit the remaining proceeds with the county
treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the
general fund of the county and are available for general
purposes.
(14) The county tax collector shall cancel all unpaid property
taxes and assessments owed on a manufactured dwelling or floating
home, as provided under ORS 311.790, only under one of the
following circumstances:
(a) The landlord disposes of the manufactured dwelling or
floating home after a determination described in subsection
(10)(b) of this section.
(b) There is no buyer of the manufactured dwelling or floating
home at a sale described under subsection (11) of this section.
(c)(A) There is a buyer of the manufactured dwelling or
floating home at a sale described under subsection (11) of this
section;
(B) The current market value of the manufactured dwelling or
floating home is $8,000 or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the dwelling or
home after distribution of the proceeds pursuant to subsection
(13) of this section.
(d)(A) The landlord buys the manufactured dwelling or floating
home at a sale described under subsection (11) of this section;
(B) The current market value of the manufactured dwelling or
floating home is more than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the manufactured
dwelling or floating home after distribution of the proceeds
pursuant to subsection (13) of this section; and
(D) The landlord disposes of the manufactured dwelling or
floating home.
(15) The landlord is not responsible for any loss to the
tenant, lienholder or owner resulting from storage of personal
property in compliance with this section unless the loss was
caused by the landlord's deliberate or negligent act. In the
event of a deliberate and malicious violation, the landlord is
liable for twice the actual damages sustained by the tenant,
lienholder or owner.
(16) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant,
lienholder or owner against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder or owner aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the
lienholder or owner. ORS 90.255 does not authorize an award of
attorney fees to the prevailing party in any action arising under
this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(18) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, the provisions of this
section regarding the rights and responsibilities of a tenant to
the abandoned vehicle, dwelling or home also apply to any
lienholder except that the lienholder may not sell or remove the
vehicle, dwelling or home unless:
(a) The lienholder has foreclosed its lien on the recreational
vehicle, manufactured dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (20) of this section has waived
all rights under this section pursuant to subsection (25) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(19)(a) In the case of an abandoned manufactured dwelling or
floating home but not including a dwelling or home abandoned
following a termination pursuant to ORS 90.429 and except as
provided by subsection (20)(d) and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned
personal property pursuant to subsections (6) and (8) of this
section and so requests, a landlord shall enter into a written
storage agreement with the lienholder providing that the dwelling
or home may not be sold or disposed of by the landlord for up to
12 months. A storage agreement entitles the lienholder to store
the personal property on the previously rented space during the
term of the agreement, but does not entitle anyone to occupy the
personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant, owner or, in the case of a deceased
tenant, the personal representative, designated person, heir or
devisee to remove or sell the dwelling or home within the
allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(d) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.532, if limited
to charges for electricity, water, sewer service and natural gas
and if incidental to the storage of personal property. A storage
charge may not be due more frequently than monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
described in the rental agreement between the landlord and the
tenant; and
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
between the landlord and the tenant.
(e) During the term of an agreement described under this
subsection, the lienholder has the right to remove or sell the
property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant, subject
to any conditions previously agreed to by the landlord and tenant
regarding the landlord's approval of a purchaser or, if there was
no such agreement, any reasonable conditions by the landlord
regarding approval of any purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser of the property upon payment of all unpaid storage
charges and maintenance costs.
(f)(A) If the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the rented space if the lienholder has
paid all storage charges and other charges as provided in the
agreement.
(g) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the manufactured dwelling or
floating home, the landlord may sell or dispose of the property
pursuant to this section without further notice to the
lienholder.
(20) If the personal property consists of an abandoned
manufactured dwelling or floating home and is considered
abandoned as a result of the death of a tenant who was the only
tenant and who owned the dwelling or home, this section applies,
except as follows:
(a) Any personal representative named in a will or appointed by
a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the landlord in the
event of the tenant's death has the same rights and
responsibilities regarding the abandoned dwelling or home as a
tenant.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
dwelling or home may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (19) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (19)(c),
(d) and (f)(C) of this section applies, with the representative
or person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person has the
right to remove or sell the dwelling or home, including a sale to
a purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the dwelling or home
on the rented space and become a tenant, subject to any
conditions previously agreed to by the landlord and tenant
regarding the landlord's approval for occupancy of a purchaser,
heir or devisee or, if there was no such agreement, any
reasonable conditions by the landlord regarding approval for
occupancy of any purchaser, heir or devisee who wishes to leave
the dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser, heir or devisee of the dwelling or home upon payment
of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the
manufactured dwelling or floating home, the landlord may sell or
dispose of the property pursuant to this section without further
notice to the representative or person.
(21) If a governmental agency determines that the condition of
a manufactured dwelling, floating home or recreational vehicle
abandoned under this section constitutes an extreme health or
safety hazard under state or local law and the agency determines
that the hazard endangers others in the immediate vicinity and
requires quick removal of the property, the landlord may sell or
dispose of the property pursuant to this subsection. The landlord
shall comply with all provisions of this section, except as
follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the
disposition of the property must be not less than 15 days after
personal delivery or mailing of the notice required by subsection
(3) of this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property must
be not less than seven days after the tenant, lienholder, owner,
personal representative or designated person contacts the
landlord.
(c) The notice required by subsection (3) of this section must
be as provided in subsection (5) of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property must be consistent with this
subsection;
(B) The notice must state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder, owner, personal representative
or designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) If an official or agency referred to in ORS 453.876
notifies the landlord that the official or agency has determined
that all or part of the premises is unfit for use as a result of
the presence of an illegal drug manufacturing site involving
methamphetamine, and the landlord complies with this subsection,
the landlord is not required to comply with subsections (1) to
(21) and (23) to (26) of this section with regard to personal
property left on the portion of the premises that the official or
agency has determined to be unfit for use.
(b) Upon receiving notice from an official or agency
determining the premises to be unfit for use, the landlord shall
promptly give written notice to the tenant as provided in
subsection (3) of this section. The landlord shall also attach a
copy of the notice in a secure manner to the main entrance of the
dwelling unit. The notice to the tenant shall include a copy of
the official's or agency's notice and state:
(A) That the premises, or a portion of the premises, has been
determined by an official or agency to be unfit for use due to
contamination from the manufacture of methamphetamine and that as
a result subsections (1) to (21) and (23) to (26) of this section
do not apply to personal property left on any portion of the
premises determined to be unfit for use;
(B) That the landlord has hired, or will hire, a contractor to
assess the level of contamination of the site and to
decontaminate the site;
(C) That upon hiring the contractor, the landlord will provide
to the tenant the name, address and telephone number of the
contractor; and
(D) That the tenant may contact the contractor to determine
whether any of the tenant's personal property may be removed from
the premises or may be decontaminated at the tenant's expense and
then removed.
(c) To the extent consistent with rules of the Department of
Human Services, the contractor may release personal property to
the tenant.
(d) If the contractor and the department determine that the
premises or the tenant's personal property is not unfit for use,
upon notification by the department of the determination, the
landlord shall comply with subsections (1) to (21) and (23) to
(26) of this section for any personal property left on the
premises.
(e) Except as provided in paragraph (d) of this subsection, the
landlord is not responsible for storing or returning any personal
property left on the portion of the premises that is unfit for
use.
(23) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home that is owned by someone
other than the tenant, the provisions of this section regarding
the rights and responsibilities of a tenant to the abandoned
vehicle, dwelling or home also apply to that owner, with regard
only to the vehicle, dwelling or home, and not to any goods left
inside or outside the vehicle, dwelling or home.
(24) In the case of an abandoned motor vehicle, the procedure
authorized by ORS 98.830 and 98.835 for removal of abandoned
motor vehicles from private property may be used by a landlord as
an alternative to the procedures required in this section.
(25)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with subsections (1) to (24)
and (26) of this section if, after termination of the tenancy or
no more than seven days prior to the termination of the tenancy,
the following parties so agree in a writing entered into in good
faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (20) of this section; and
(C) In the case of a manufactured dwelling, floating home or
recreational vehicle, any owner and any lienholder.
(b) A landlord may not, as part of a rental agreement, require
a tenant, a personal representative, a designated person or any
lienholder or owner to waive any right provided by this section.
(26) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 32. ORS 90.630 is amended to read:
90.630. (1) Except as provided in subsection (4) of this
section, the landlord may terminate a rental agreement that is a
month-to-month or fixed term tenancy for space for a manufactured
dwelling or floating home by giving to the tenant not less than
30 days' notice in writing before the date designated in the
notice for termination if the tenant:
(a) Violates a law or ordinance related to the tenant's conduct
as a tenant, including but not limited to a material
noncompliance with ORS 90.740;
(b) Violates a rule or rental agreement provision related to
the tenant's conduct as a tenant and imposed as a condition of
occupancy, including but not limited to a material noncompliance
with a rental agreement regarding a program of recovery in drug
and alcohol free housing; { - or - }
{ + (c) Is determined to be a predatory sex offender under
ORS 181.585 to 181.587; or + }
{ - (c) - } { + (d) + } Fails to pay a:
(A) Late charge pursuant to ORS 90.260;
(B) Fee pursuant to ORS 90.302; or
(C) Utility or service charge pursuant to ORS 90.534 or 90.536.
(2) A violation making a tenant subject to termination under
subsection (1) of this section includes a tenant's failure to
maintain the space as required by law, ordinance, rental
agreement or rule, but does not include the physical condition of
the dwelling or home. Termination of a rental agreement based
upon the physical condition of a dwelling or home shall only be
as provided in ORS 90.632.
(3) The notice required by subsection (1) of this section shall
state facts sufficient to notify the tenant of the reasons for
termination of the tenancy and state that the tenant may avoid
termination by correcting the violation as provided in subsection
(4) of this section.
(4) The tenant may avoid termination of the tenancy by
correcting the violation within the 30-day period specified in
subsection (1) of this section. However, if substantially the
same act or omission that constituted a prior violation of which
notice was given recurs within six months after the date of the
notice, the landlord may terminate the tenancy upon at least 20
days' written notice specifying the violation and the date of
termination of the tenancy.
{ + (5) Notwithstanding subsection (3) or (4) of this
section, a tenant who is given a notice of termination under
subsection (1)(c) of this section does not have a right to
correct the violation. A notice given to a tenant under
subsection (1)(c) of this section must state that the tenant does
not have a right to avoid the termination. + }
{ - (5) The landlord of a facility may terminate a rental
agreement that is a month-to-month or fixed term tenancy for a
facility space if the facility or a portion of it that includes
the space is to be closed and the land or leasehold converted to
a different use, which is not required by the exercise of eminent
domain or by order of state or local agencies, by: - }
{ - (a) Not less than 365 days' notice in writing before the
date designated in the notice for termination; or - }
{ - (b) Not less than 180 days' notice in writing before the
date designated in the notice for termination, if the landlord
finds space acceptable to the tenant to which the tenant can move
the manufactured dwelling or floating home and the landlord pays
the cost of moving and set-up expenses or $3,500, whichever is
less. - }
{ - (6) The landlord may: - }
{ - (a) Provide greater financial incentive to encourage the
tenant to accept an earlier termination date than that provided
in subsection (5) of this section; or - }
{ - (b) Contract with the tenant for a mutually acceptable
arrangement to assist the tenant's move. - }
{ - (7) The Housing and Community Services Department shall
adopt rules to implement the provisions of subsection (5) of this
section. - }
{ - (8)(a) A landlord may not increase the rent for the
purpose of offsetting the payments required under this
section. - }
{ - (b) There shall be no increase in the rent after a notice
of termination is given pursuant to this section. - }
{ - (9) - } { + (6) + } This section does not limit a
landlord's right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b),
90.396, 90.398 or 90.632 by complying with ORS 105.105 to
105.168.
{ - (10) - } { + (7) + } A tenancy terminates on the date
designated in the notice and without regard to the expiration of
the period for which, by the terms of the rental agreement, rents
are to be paid. Unless otherwise agreed, rent is uniformly
apportionable from day to day.
{ - (11) Nothing in subsection (5) of this section shall
prevent a landlord from relocating a floating home to another
comparable space in the same facility or another facility owned
by the same owner in the same city if the landlord desires or is
required to make repairs, to remodel or to modify the tenant's
original space. - }
{ - (12)(a) - } { + (8) + } Notwithstanding any other
provision of this section or ORS { - 90.392, - } 90.394,
90.396 or 90.398, the landlord may terminate the rental agreement
for space for a manufactured dwelling or floating home because of
repeated late payment of rent by giving the tenant not less than
30 days' notice in writing before the date designated in that
notice for termination and may take possession as provided in ORS
105.105 to 105.168 if:
{ - (A) - } { + (a) + } The tenant has not paid the monthly
rent prior to the eighth day of the rental period as described in
ORS 90.394 (2)(a) or the fifth day of the rental period as
described in ORS 90.394 (2)(b) in at least three of the preceding
12 months and the landlord has given the tenant a { - notice
for - } nonpayment of rent { + termination notice + } pursuant
to ORS 90.394 (2) during each of those three instances of
nonpayment;
{ - (B) - } { + (b) + } The landlord warns the tenant of
the risk of a 30-day notice for termination with no right to
correct the cause, upon the occurrence of a third { - notice
for - } nonpayment of rent { + termination notice + } within a
12-month period. The warning must be contained in at least two
{ - notices for - } nonpayment of rent { + termination
notices + } that precede the third notice within a 12-month
period or in separate written notices that are given concurrent
with, or a reasonable time after, each of the two
{ - notices for - } nonpayment of rent { + termination
notices + }; and
{ - (C) - } { + (c) + } The 30-day notice of termination
states facts sufficient to notify the tenant of the cause for
termination of the tenancy and is given to the tenant concurrent
with or after the third or a subsequent { - notice for - }
nonpayment of rent { + termination notice + }.
{ - (b) - } { + (9) + } Notwithstanding subsection
{ - (2) - } { + (4) + } of this section, a tenant who receives
a 30-day notice of termination pursuant to { - this - }
subsection { + (8) of this section + } does not have a right to
correct the cause for the notice.
{ - (c) - } { + (10) + } The landlord may give a copy of
the notice required by { - paragraph (a) of this - }
subsection { + (8) of this section + } to any lienholder of the
manufactured dwelling or floating home by first class mail with
certificate of mailing or by any other method allowed by ORS
90.150 (2) and (3). A landlord is not liable to a tenant for any
damages incurred by the tenant as a result of the landlord giving
a copy of the notice in good faith to a lienholder. A
lienholder's rights and obligations regarding an abandoned
manufactured dwelling or floating home shall be as provided under
ORS 90.675.
SECTION 32a. ORS 90.260 is amended to read:
90.260. (1) A landlord may impose a late charge or fee, however
designated, only if:
(a) The rent payment is not received by the fourth day of the
weekly or monthly rental period for which rent is payable; and
(b) There exists a written rental agreement that specifies:
(A) The tenant's obligation to pay a late charge on delinquent
rent payments;
(B) The type and amount of the late charge, as described in
subsection (2) of this section; and
(C) The date on which rent payments are due and the date or day
on which late charges become due.
(2) The amount of any late charge may not exceed:
(a) A reasonable flat amount, charged once per rental period.
' Reasonable amount' means the customary amount charged by
landlords for that rental market;
(b) A reasonable amount, charged on a per-day basis, beginning
on the fifth day of the rental period for which rent is
delinquent. This daily charge may accrue every day thereafter
until the rent, not including any late charge, is paid in full,
through that rental period only. The per-day charge may not
exceed six percent of the amount described in paragraph (a) of
this subsection; or
(c) Five percent of the periodic rent payment amount, charged
once for each succeeding five-day period, or portion thereof, for
which the rent payment is delinquent, beginning on the fifth day
of that rental period and continuing and accumulating until that
rent payment, not including any late charge, is paid in full,
through that rental period only.
(3) In periodic tenancies, a landlord may change the type or
amount of late charge by giving 30 days' written notice to the
tenant.
(4) A landlord may not deduct a previously imposed late charge
from a current or subsequent rental period rent payment, thereby
making that rent payment delinquent for imposition of a new or
additional late charge or for termination of the tenancy for
nonpayment under ORS 90.394.
(5) A landlord may charge simple interest on an unpaid late
charge at the rate allowed for judgments pursuant to ORS 82.010
(2) and accruing from the date the late charge is imposed.
(6) Nonpayment of a late charge alone is not grounds for
termination of a rental agreement for nonpayment of rent under
ORS 90.394, but is grounds for termination of a rental agreement
for cause under ORS 90.392 or 90.630 (1). A landlord may note the
imposition of a late charge on a { - notice of - } nonpayment
of rent { + termination notice + } under ORS 90.394, so long as
the notice states or otherwise makes clear that the tenant may
cure the nonpayment notice by paying only the delinquent rent,
not including any late charge, within the allotted time.
(7) A late charge includes an increase or decrease in the
regularly charged periodic rent payment imposed because a tenant
does or does not pay that rent by a certain date.
SECTION 33. ORS 90.632 is amended to read:
90.632. (1) A landlord may terminate a month-to-month or fixed
term rental agreement and require the tenant to remove a
manufactured dwelling or floating home from a facility, due to
the physical condition of the manufactured dwelling or floating
home, only by complying with this section and ORS 105.105 to
105.168. A termination shall include removal of the dwelling or
home.
(2) A landlord may not require removal of a manufactured
dwelling or floating home, or consider a dwelling or home to be
in disrepair or deteriorated, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5403), in compliance with the standards of that
Act in effect at that time or in compliance with the state
building code as defined in ORS 455.010.
(3) Except as provided in subsection (5) of this section, if
the tenant's dwelling or home is in disrepair or is deteriorated,
a landlord may terminate a rental agreement and require the
removal of a dwelling or home by giving to the tenant not less
than 30 days' written notice before the date designated in the
notice for termination.
(4) The notice required by subsection (3) of this section must:
(a) State facts sufficient to notify the tenant of the causes
or reasons for termination of the tenancy and removal of the
dwelling or home;
(b) State that the tenant can avoid termination and removal by
correcting the cause for termination and removal within the
notice period;
(c) Describe what is required to correct the cause for
termination;
(d) Describe the tenant's right to give the landlord a written
notice of correction, where to give the notice and the deadline
for giving the notice in order to ensure a response by the
landlord, all as provided by subsection (6) of this section; and
(e) Describe the tenant's right to have the termination and
correction period extended as provided by subsection (7) of this
section.
(5) The tenant may avoid termination of the tenancy by
correcting the cause within the period specified. However, if
substantially the same condition that constituted a prior cause
for termination of which notice was given recurs within 12 months
after the date of the notice, the landlord may terminate the
tenancy and require the removal of the dwelling or home upon at
least 30 days' written notice specifying the violation and the
date of termination of the tenancy.
(6) During the termination notice or extension period, the
tenant may give the landlord written notice that the tenant has
corrected the cause for termination. Within a reasonable time
after the tenant's notice of correction, the landlord shall
respond to the tenant in writing, stating whether the landlord
agrees that the cause has been corrected. If the tenant's notice
of correction is given at least 14 days prior to the end of the
termination notice or extension period, failure by the landlord
to respond as required by this subsection is a defense to a
termination based upon the landlord's notice for termination.
(7) Except when the disrepair or deterioration creates a risk
of imminent and serious harm to other dwellings, homes or persons
within the facility, the 30-day period provided for the tenant to
correct the cause for termination and removal shall be extended
by at least:
(a) An additional 60 days if:
(A) The necessary correction involves exterior painting, roof
repair, concrete pouring or similar work and the weather prevents
that work during a substantial portion of the 30-day period; or
(B) The nature or extent of the correction work is such that it
cannot reasonably be completed within 30 days because of factors
such as the amount of work necessary, the type and complexity of
the work and the availability of necessary repair persons; or
(b) An additional six months if the disrepair or deterioration
has existed for more than the preceding 12 months with the
landlord's knowledge or acceptance as described in { - ORS
90.415 (1) - } { + section 27 of this 2007 Act + }.
(8) In order to have the period for correction extended as
provided in subsection (7) of this section, a tenant must give
the landlord written notice describing the necessity for an
extension in order to complete the correction work. The notice
must be given a reasonable amount of time prior to the end of the
notice for termination period.
(9) A tenancy terminates on the date designated in the notice
and without regard to the expiration of the period for which, by
the terms of the rental agreement, rents are to be paid. Unless
otherwise agreed, rent is uniformly apportionable from day to
day.
(10) This section does not limit a landlord's right to
terminate a tenancy for nonpayment of rent under ORS 90.394 or
for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.630
by complying with ORS 105.105 to 105.168.
(11) A landlord may give a copy of the notice for termination
required by this section to any lienholder of the dwelling or
home, by first class mail with certificate of mailing or by any
other method allowed by ORS 90.150 (2) and (3). A landlord is not
liable to a tenant for any damages incurred by the tenant as a
result of the landlord giving a copy of the notice in good faith
to a lienholder.
(12) When a tenant has been given a notice for termination
pursuant to this section and has subsequently abandoned the
dwelling or home as described in ORS 90.675, any lienholder shall
have the same rights as provided by ORS 90.675, including the
right to correct the cause of the notice, within the 90-day
period provided by ORS 90.675 (19) notwithstanding the expiration
of the notice period provided by this section for the tenant to
correct the cause.
SECTION 34. ORS 90.675 is amended to read:
90.675. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for personal property by an informed buyer to
an informed seller, each acting without compulsion in an
arm's-length transaction occurring on the assessment date for the
tax year or on the date of a subsequent reappraisal by the county
assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Lienholder' means any lienholder of abandoned personal
property, if the lien is of record or the lienholder is actually
known to the landlord.
(d) 'Of record' means:
(A) For a manufactured dwelling, that a security interest has
been properly recorded in the records of the Department of
Consumer and Business Services pursuant to ORS 446.611 or on a
certificate of title issued by the Department of Transportation
prior to May 1, 2005.
(B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(e) 'Personal property' means only a manufactured dwelling or
floating home located in a facility and subject to ORS 90.505 to
90.840. 'Personal property' does not include goods left inside a
manufactured dwelling or floating home or left upon a rented
space and subject to disposition under ORS 90.425.
(2) A landlord may not store, sell or dispose of abandoned
personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants
and any lienholders in any personal property abandoned or left
upon the premises by the tenant or any lienholder in the
following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord receives possession of the premises from the
sheriff following restitution pursuant to ORS 105.161.
(3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) A landlord shall also give a copy of the notice
described in subsection (3) of this section to:
(A) Any lienholder of the personal property;
(B) The tax collector of the county where the personal property
is located; and
(C) The assessor of the county where the personal property is
located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
must state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder must contact the landlord by a
specified date, as provided in subsection (6) of this section, to
arrange for the removal of the abandoned personal property;
(c) The personal property is stored on the rented space;
(d) The tenant or any lienholder, except as provided by
subsection (18) of this section, may arrange for removal of the
personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder, except as provided by
subsection (18) of this section, by appointment at reasonable
times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by
subsection (7)(b) of this section, prior to releasing the
personal property to the tenant or any lienholder;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder fails to contact the
landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell
or dispose of the personal property. If the landlord reasonably
believes the county assessor will determine that the current
market value of the personal property is $8,000 or less, and the
landlord intends to dispose of the property if the property is
not claimed, the notice shall state that belief and intent; and
(i) If applicable, there is a lienholder that has a right to
claim the personal property, except as provided by subsection
(18) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal
property must be not less than 45 days after personal delivery or
mailing of the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store the abandoned personal property of the tenant
on the rented space and shall exercise reasonable care for the
personal property; and
(b) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal. The storage charge may
be no greater than the monthly space rent last payable by the
tenant.
(8) If a tenant or lienholder, upon the receipt of the notice
provided by subsection (3) or (4) of this section or otherwise,
responds by actual notice to the landlord on or before the
specified date in the landlord's notice that the tenant or
lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available
for removal by the tenant or lienholder by appointment at
reasonable times during the 30 days following the date of the
response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to
subsection (2)(a) or (b) of this section, but not pursuant to
subsection (2)(c) of this section, the landlord may require
payment of storage charges, as provided in subsection (7)(b) of
this section, prior to allowing the tenant or lienholder to
remove the personal property. Acceptance by a landlord of such
payment does not operate to create or reinstate a tenancy or
create a waiver pursuant to { - ORS 90.415 - } { + section 27
or 29 of this 2007 Act + }.
(9) Except as provided in subsections (18) to (20) of this
section, if the tenant or lienholder does not respond within the
time provided by the landlord's notice, or the tenant or
lienholder does not remove the personal property within 30 days
after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder that have been given notice pursuant to subsection (3)
or (4) of this section shall, except with regard to the
distribution of sale proceeds pursuant to subsection (13) of this
section, have no further right, title or interest to the personal
property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale:
(A) The landlord may seek to transfer ownership of record of
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the personal property is located. The notice
shall state:
(I) That the personal property is abandoned;
(II) The tenant's name;
(III) The address and any space number where the personal
property is located, and any plate, registration or other
identification number for a floating home noted on the title, if
actually known to the landlord;
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the personal property;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder, by personal delivery or first
class mail, except that for any lienholder, mail service must be
by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes and assessments on the personal property have been paid or,
if not paid, that the county has authorized the sale, with the
sale proceeds to be distributed pursuant to subsection (13) of
this section; or
(b) Destroy or otherwise dispose of the personal property if
the landlord determines from the county assessor that the current
market value of the property is $8,000 or less.
(11)(a) A public or private sale authorized by this section
must be conducted consistent with the terms listed in subsection
(10)(a)(B)(i) of this section. Every aspect of the sale including
the method, manner, time, place and terms must be commercially
reasonable.
(b) If there is no buyer at a sale described under paragraph
(a) of this subsection, the personal property is considered to be
worth $8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord
intentionally misrepresents the condition of personal property,
the landlord is not liable for the condition of the personal
property to:
(a) A buyer of the personal property at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the personal property pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section.
(13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) After deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) After deducting the amounts listed in paragraphs (a) and
(b) of this subsection, if applicable, the landlord shall remit
the remaining proceeds, if any, to any lienholder to the extent
of any unpaid balance owed on the lien on the personal property.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant the remaining proceeds, if any, together with
an itemized accounting.
(e) If the tenant cannot after due diligence be found, the
landlord shall deposit the remaining proceeds with the county
treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the
general fund of the county and are available for general
purposes.
(14) The county tax collector shall cancel all unpaid property
taxes and assessments as provided under ORS 311.790 only under
one of the following circumstances:
(a) The landlord disposes of the personal property after a
determination described in subsection (10)(b) of this section.
(b) There is no buyer of the personal property at a sale
described under subsection (11) of this section.
(c)(A) There is a buyer of the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is $8,000
or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section.
(d)(A) The landlord buys the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is more
than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section; and
(D) The landlord disposes of the personal property.
(15) The landlord is not responsible for any loss to the tenant
or lienholder resulting from storage of personal property in
compliance with this section unless the loss was caused by the
landlord's deliberate or negligent act. In the event of a
deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant or lienholder.
(16) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant
or lienholder against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder aggrieved by the noncompliance may recover
from the landlord the actual damages sustained by the lienholder.
ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(18) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
also apply to any lienholder, except that the lienholder may not
sell or remove the dwelling or home unless:
(a) The lienholder has foreclosed the lien on the manufactured
dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (20) of this section has waived
all rights under this section pursuant to subsection (22) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(19)(a) Except as provided by subsection (20)(d) and (e) of
this section, if a lienholder makes a timely response to a notice
of abandoned personal property pursuant to subsections (6) and
(8) of this section and so requests, a landlord shall enter into
a written storage agreement with the lienholder providing that
the personal property may not be sold or disposed of by the
landlord for up to 12 months. A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant or, in the case of a deceased tenant,
the personal representative, designated person, heir or devisee
to remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(b) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.532, if limited
to charges for electricity, water, sewer service and natural gas
and if incidental to the storage of personal property. A storage
charge may not be due more frequently than monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
imposed on facility tenants;
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
that the landlord currently provides to tenants as required by
ORS 90.510 (4); and
(D) The lienholder repair any defects in the physical condition
of the personal property that existed prior to the lienholder
entering into the storage agreement, if the defects and necessary
repairs are reasonably described in the storage agreement and,
for homes that were first placed on the space within the previous
24 months, the repairs are reasonably consistent with facility
standards in effect at the time of placement. The lienholder
shall have 90 days after entering into the storage agreement to
make the repairs. Failure to make the repairs within the allotted
time constitutes a violation of the storage agreement and the
landlord may terminate the agreement by giving at least 14 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(e) Notwithstanding subsection (7)(b) of this section, a
landlord may increase the storage charge if the increase is part
of a facility-wide rent increase for all facility tenants, the
increase is no greater than the increase for other tenants and
the landlord gives the lienholder written notice consistent with
the requirements of ORS 90.600 (1).
(f) During the term of an agreement described under this
subsection, the lienholder has the right to remove or sell the
property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the
property on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord may condition approval for
occupancy of any purchaser of the property upon payment of all
unpaid storage charges and maintenance costs.
(g)(A) Except as provided in paragraph (d)(D) of this
subsection, if the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the facility if the lienholder has paid
all storage charges and other charges as provided in the
agreement.
(h) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may
sell or dispose of the property pursuant to this section without
further notice to the lienholder.
(20) If the personal property is considered abandoned as a
result of the death of a tenant who was the only tenant, this
section applies, except as follows:
(a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall apply to any personal representative named in a will or
appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the
landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
personal property may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (19) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (19)(c) to
(e) and (g)(C) of this section applies, with the representative
or person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person has the
right to remove or sell the property, including a sale to a
purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the property on the
rented space and become a tenant, subject to the provisions of
ORS 90.680. The landlord also may condition approval for
occupancy of any purchaser, heir or devisee of the property upon
payment of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the property,
the landlord may sell or dispose of the property pursuant to this
section without further notice to the representative or person.
(21) If a governmental agency determines that the condition of
personal property abandoned under this section constitutes an
extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the
facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection.
The landlord shall comply with all provisions of this section,
except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, personal representative or designated
person must contact a landlord to arrange for the disposition of
the property must be not less than 15 days after personal
delivery or mailing of the notice required by subsection (3) of
this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, personal representative or
designated person must remove the property must be not less than
seven days after the tenant, lienholder, personal representative
or designated person contacts the landlord.
(c) The notice required by subsection (3) of this section must
be as provided in subsection (5) of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property must be consistent with this
subsection;
(B) The notice must state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder or a personal representative or
designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with the provisions of this
section if, after termination of the tenancy or no more than
seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (20) of this section; and
(C) Any lienholder.
(b) A landlord may not, as part of a rental agreement, as a
condition to approving a sale of property on rented space under
ORS 90.680 or in any other manner, require a tenant, a personal
representative, a designated person or any lienholder to waive
any right provided by this section.
(23) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 35. ORS 90.680 is amended to read:
90.680. (1) A landlord may not deny any manufactured dwelling
or floating home space tenant the right to sell a manufactured
dwelling or floating home on a rented space or require the tenant
to remove the dwelling or home from the space solely on the basis
of the sale.
(2) The landlord may not exact a commission or fee for the sale
of a manufactured dwelling or floating home on a rented space
unless the landlord has acted as agent for the seller pursuant to
written contract.
(3) The landlord may not deny the tenant the right to place a '
for sale' sign on or in a manufactured dwelling or floating home
owned by the tenant. The size, placement and character of such
signs shall be subject to reasonable rules of the landlord.
(4) If the prospective purchaser of a manufactured dwelling or
floating home desires to leave the dwelling or home on the rented
space and become a tenant, the landlord may require in the rental
agreement:
(a) Except when a termination or abandonment occurs, that a
tenant give not more than 10 days' notice in writing prior to the
sale of the dwelling or home on a rented space;
(b) That prior to the sale, the prospective purchaser submit to
the landlord a complete and accurate written application for
occupancy of the dwelling or home as a tenant after the sale is
finalized and that a prospective purchaser may not occupy the
dwelling or home until after the prospective purchaser is
accepted by the landlord as a tenant;
(c) That a tenant give notice to any lienholder, prospective
purchaser or person licensed to sell dwellings or homes of the
requirements of paragraphs (b) and (d) of this subsection, the
location of all properly functioning smoke alarms and any other
rules and regulations of the facility such as those described in
ORS 90.510 (5)(b), (f), (h) and (i); and
(d) If the sale is not by a lienholder, that the prospective
purchaser pay in full all rents, fees, deposits or charges owed
by the tenant as authorized under ORS 90.140 and the rental
agreement, prior to the landlord's acceptance of the prospective
purchaser as a tenant.
(5) If a landlord requires a prospective purchaser to submit an
application for occupancy as a tenant under subsection (4) of
this section, at the time that the landlord gives the prospective
purchaser an application the landlord shall also give the
prospective purchaser copies of the statement of policy, the
rental agreement and the facility rules and regulations,
including any conditions imposed on a subsequent sale, all as
provided by ORS 90.510. The terms of the statement, rental
agreement and rules and regulations need not be the same as those
in the selling tenant's statement, rental agreement and rules and
regulations.
(6) The following apply if a landlord receives an application
for tenancy from a prospective purchaser under subsection (4) of
this section:
(a) The landlord shall accept or reject the prospective
purchaser's application within seven days following the day the
landlord receives a complete and accurate written application. An
application is not complete until the prospective purchaser pays
any required applicant screening charge and provides the landlord
with all information and documentation, including any financial
data and references, required by the landlord pursuant to ORS
90.510 (5)(h). The landlord and the prospective purchaser may
agree to a longer time period for the landlord to evaluate the
prospective purchaser's application or to allow the prospective
purchaser to address any failure to meet the landlord's screening
or admission criteria. If a tenant has not previously given the
landlord the 10 days' notice required under subsection (4)(a) of
this section, the period provided for the landlord to accept or
reject a complete and accurate written application is extended to
10 days.
(b) The landlord may not unreasonably reject a prospective
purchaser as a tenant. Reasonable cause for rejection includes,
but is not limited to, failure of the prospective purchaser to
meet the landlord's conditions for approval as provided in ORS
90.510 (5)(h) or failure of the prospective purchaser's
references to respond to the landlord's timely request for
verification within the time allowed for acceptance or rejection
under paragraph (a) of this subsection. Except as provided in
paragraph (c) of this subsection, the landlord shall furnish to
the seller and purchaser a written statement of the reasons for
the rejection.
(c) If a rejection under paragraph (b) of this subsection is
based upon a consumer report, as defined in 15 U.S.C. 1681a for
purposes of the federal Fair Credit Reporting Act, the landlord
may not disclose the contents of the report to anyone other than
the purchaser. The landlord shall disclose to the seller in
writing that the rejection is based upon information contained
within a consumer report and that the landlord may not disclose
the information within the report.
(7) The following apply if a landlord does not require a
prospective purchaser to submit an application for occupancy as a
tenant under subsection (4) of this section or if the landlord
does not accept or reject the prospective purchaser as a tenant
within the time required under subsection (6) of this section:
(a) The landlord waives any right to bring an action against
the tenant under the rental agreement for breach of the
landlord's right to establish conditions upon and approve a
prospective purchaser of the tenant's dwelling or home;
(b) The prospective purchaser, upon completion of the sale, may
occupy the dwelling or home as a tenant under the same conditions
and terms as the tenant who sold the dwelling or home; and
(c) If the prospective purchaser becomes a new tenant, the
landlord may impose conditions or terms on the tenancy that are
inconsistent with the terms and conditions of the seller's rental
agreement only if the new tenant agrees in writing.
(8) A landlord may not, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5403), in compliance with the standards of that
Act in effect at that time or in compliance with the state
building code as defined in ORS 455.010:
(a) Reject an application for tenancy from a prospective
purchaser of an existing dwelling or home on a rented space
within a facility; or
(b) Require a prospective purchaser of an existing dwelling or
home on a rented space within a facility to remove the dwelling
or home from the rented space.
(9) A tenant who has received a notice pursuant to ORS 90.632
may sell the tenant's dwelling or home in compliance with this
section during the notice period. The tenant shall provide a
prospective purchaser with a copy of any outstanding notice given
pursuant to ORS 90.632 prior to a sale. The landlord may also
give any prospective purchaser a copy of any such notice. The
landlord may require as a condition of tenancy that a prospective
purchaser who desires to leave the dwelling or home on the rented
space and become a tenant must comply with the notice within the
notice period consistent with ORS 90.632. If the tenancy has been
terminated pursuant to ORS 90.632, or the notice period provided
in ORS 90.632 has expired without a correction of cause or
extension of time to correct, a prospective purchaser does not
have a right to leave the dwelling or home on the rented space
and become a tenant.
(10) Except as provided by subsection (9) of this section,
after a tenancy has ended and during the period provided by ORS
90.675 (6) and (8), a former tenant retains the right to sell the
tenant's dwelling or home to a purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant as
provided by this section, if the former tenant makes timely
periodic payment of all storage charges as provided by ORS 90.675
(7)(b), maintains the dwelling or home and the rented space on
which it is stored and enters the premises only with the written
permission of the landlord. Payment of the storage charges or
maintenance of the dwelling or home and the space does not create
or reinstate a tenancy or create a waiver pursuant to { - ORS
90.415 - } { + section 27 or 29 of this 2007 Act + }. A former
tenant may not enter the premises without the written permission
of the landlord, including entry to maintain the dwelling or home
or the space or to facilitate a sale.
SECTION 36. ORS 105.120 is amended to read:
105.120. { + (1) As used in this section, 'rent' does not
include funds paid under the United States Housing Act of 1937
(42 U.S.C. 1437f). + }
{ - (1) - } { + (2) + } Except as provided in subsection
{ - (2) - } { + (3) + } of this section, an action for the
recovery of the possession of the premises may be maintained in
cases provided in ORS 105.115 (1)(b), when the notice to
terminate the tenancy or to quit has been served upon the tenant
or person in possession in the manner prescribed by ORS 91.110
and for the period prescribed by ORS 91.060 to 91.080 before the
commencement of the action, unless the leasing or occupation is
for the purpose of farming or agriculture, in which case the
notice must be served for a period of 90 days before the
commencement of the action. Any person entering into the
possession of real estate under written lease as the tenant of
another may, by the terms of the lease, waive the giving of any
notice required by this subsection.
{ - (2) - } { + (3) + } An action for the recovery of the
possession of a dwelling unit to which ORS chapter 90 applies may
be maintained in situations described in ORS 105.115 (2) when the
notice to terminate the tenancy or to quit has been served by the
tenant upon the landlord or by the landlord upon the tenant or
person in possession in the manner prescribed by ORS 90.155.
{ - (3) - } { + (4) + } Except when a tenancy involves a
dwelling unit subject to ORS chapter 90, the service of a notice
to quit upon a tenant or person in possession does not authorize
an action to be maintained against the tenant or person in
possession for the possession of premises before the expiration
of any period for which the tenant or person has paid the rent of
the premises in advance.
{ - (4) - } { + (5) + } An action to recover possession of
a dwelling unit subject to ORS chapter 90 may not be brought or
filed against a tenant or person in possession based upon a
notice under ORS 90.427 to terminate the tenancy until after the
expiration of any period for which the tenant or person has paid
the rent of the dwelling unit in advance, unless:
(a) The only other money paid by the tenant was collected as a
last month's rent deposit as provided under ORS 90.300; or
(b) The only unused rent was paid by the tenant for a rental
period extending beyond the termination date specified in a valid
outstanding notice to terminate the tenancy and the landlord
refunded the unused rent within six days after receipt by
delivering the unused rent to the tenant in person or by first
class mailing.
SECTION 37. ORS 90.300 is amended to read:
90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
(2) Except as otherwise provided in this section, a landlord
may require the payment of a security deposit. A security deposit
or prepaid rent shall be held by the landlord for the tenant who
is a party to the rental agreement. The claim of a tenant to the
security deposit or prepaid rent shall be prior to the claim of
any creditor of the landlord, including a trustee in bankruptcy.
The holder of the landlord's interest in the premises at the time
of termination of the tenancy is responsible to the tenant for
any security deposit or prepaid rent and is bound by this
section.
(3)(a) A landlord may not change the rental agreement to
require the payment of a new or increased security deposit during
the first year after the tenancy has begun, except that an
additional deposit may be required if the landlord and tenant
agree to modify the terms and conditions of the rental agreement
to permit a pet or for other cause and the additional deposit
relates to that modification. This paragraph does not prevent the
collection of a security deposit that was provided for under an
initial rental agreement but remained unpaid at the time the
tenancy began.
(b) If a landlord requires a new or increased security deposit
after the first year of the tenancy, the landlord shall allow the
tenant at least three months to pay that deposit.
(4) The landlord may claim all or part of the security deposit
only if the security deposit was made for any or all of the
purposes provided by subsection (5) of this section.
(5) The landlord may claim from the security deposit only the
amount reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(6) A landlord may not require that a security deposit or
prepaid rent be required or forfeited to the landlord upon the
failure of the tenant to maintain a tenancy for a minimum number
of months in a month-to-month tenancy.
(7) Any last month's rent deposit must be applied to the rent
due for the last month of the tenancy:
(a) Upon either the landlord or tenant giving to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.394;
(b) Upon agreement by the landlord and tenant to terminate the
tenancy; or
(c) Upon termination pursuant to the provisions of a written
rental agreement for a term tenancy.
(8) Any portion of a last month's rent deposit not applied as
provided under subsection (7) of this section shall be accounted
for and refunded as provided under subsections (10) to (12) of
this section. Unless the tenant and landlord agree otherwise, a
last month's rent deposit shall not be applied to rent due for
any period other than the last month of the tenancy. A last
month's rent deposit shall not operate to limit the amount of
rent charged unless a written rental agreement provides
otherwise.
(9) Upon termination of the tenancy, a landlord shall account
for and refund to the tenant the unused balance of any prepaid
rent not previously refunded to the tenant as required by ORS
90.380 and 105.120 { - (4)(b) - } { + (5)(b) + } or any other
provision of this chapter, in the same manner as required for
security deposits by this section. The landlord may claim from
the remaining prepaid rent only the amount reasonably necessary
to pay the tenant's unpaid rent.
(10) In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the termination of the
tenancy and delivery of possession the landlord shall give to the
tenant a written accounting that states specifically the basis or
bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.
(11) The security deposit or prepaid rent or portion thereof
not claimed in the manner provided by subsections (9) and (10) of
this section shall be returned to the tenant not later than 31
days after the termination of the tenancy and delivery of
possession to the landlord.
(12) The landlord shall give the written accounting as required
by subsection (10) of this section or shall return the security
deposit or prepaid rent as required by subsection (11) of this
section by personal delivery or by first class mail.
(13) If a security deposit or prepaid rent secures a tenancy
for a space for a tenant owned and occupied manufactured dwelling
or floating home, whether or not in a facility, and the dwelling
or home is abandoned as described in ORS 90.425 (2) or 90.675
(2), the 31-day period described in subsections (10) and (11) of
this section commences on the earliest of:
(a) Waiver of the abandoned property process under ORS 90.425
(25) or 90.675 (22);
(b) Removal of the manufactured dwelling or floating home from
the rented space;
(c) Destruction or other disposition of the manufactured
dwelling or floating home under ORS 90.425 (10)(b) or 90.675
(10)(b); or
(d) Sale of the manufactured dwelling or floating home pursuant
to ORS 90.425 (10)(a) or 90.675 (10)(a).
(14) If the landlord fails to comply with subsection (11) of
this section or if the landlord in bad faith fails to return all
or any portion of any prepaid rent or security deposit due to the
tenant under this chapter or the rental agreement, the tenant may
recover the money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (10)
of this section; or
(b) Withheld in bad faith.
(15)(a) A security deposit or prepaid rent in the possession of
the landlord is not garnishable property, as provided in ORS
18.618.
(b) If a security deposit or prepaid rent is delivered to a
garnishor in violation of ORS 18.618 (2), the landlord that
delivered the security deposit or prepaid rent to the garnishor
shall allow the tenant at least 30 days after a copy of the
garnishee response required by ORS 18.680 is delivered to the
tenant under ORS 18.690 to restore the security deposit or
prepaid rent. If the tenant fails to restore a security deposit
or prepaid rent under the provisions of this paragraph before the
tenancy terminates, and the landlord retains no security deposit
or prepaid rent from the tenant after the garnishment, the
landlord is not required to refund or account for the security
deposit or prepaid rent under subsection (9) of this section.
(16) This section does not preclude the landlord or tenant from
recovering other damages under this chapter.
{ +
MANUFACTURED DWELLING PARK MANAGEMENT TRAINING + }
SECTION 38. Section 2, chapter 619, Oregon Laws 2005, is
amended to read:
{ + Sec. 2. + } (1) Every landlord of a facility shall
register in writing with the Housing and Community Services
Department. The registration shall consist of the following
information:
(a) The name and business mailing address of the landlord and
of any person authorized to manage the premises.
(b) The name of the facility.
(c) The physical address of the facility or, if different from
the physical address, the mailing address.
(d) A telephone number of the facility.
(e) The total number of spaces in the facility.
(2) { + (a) The landlord of a new facility shall register with
the department no later than 60 days after the opening of the
facility.
(b) + } A landlord shall notify the department in writing of
any change in the required registration information no later than
60 days after the change.
(3) The department shall confirm receipt of a registration or a
change in registration information.
(4) Notwithstanding subsections (1) to (3) of this section, the
department may provide for registration, registration changes and
confirmation of registration to be accomplished by electronic
means instead of in writing.
SECTION 39. Section 3, chapter 619, Oregon Laws 2005, is
amended to read:
{ + Sec. 3. + } (1) At least one person for each facility who
has authority to manage the premises shall, every two years,
complete six hours of continuing education relating to the
management of facilities. The following apply for a person whose
continuing education is required:
(a) If there is any manager or owner who lives in the facility,
the person completing the continuing education must be a manager
or owner who lives in the facility.
(b) If no manager or owner lives in the facility, the person
completing the continuing education must be a manager who lives
outside the facility or, if there is no manager, an owner of the
facility.
(c) { - An - } { + A manager or + } owner may satisfy the
continuing education requirement for more than one facility
{ - , - } if those facilities do not have a manager or owner
who lives in the facility { - or a manager who lives outside
the facility - } .
(2) If a person becomes the facility manager or owner who is
responsible for completing continuing education, and the person
does not have a current certificate of completion issued under
subsection (3) of this section, the person shall complete the
continuing education requirement by taking the next regularly
scheduled continuing education class or by taking a continuing
education class held within 75 days.
(3) The Housing and Community Services Department shall ensure
that continuing education classes:
(a) Are offered at least once every six months;
(b) Are taught by persons approved by the department and
affiliated with a statewide nonprofit trade association that
represents manufactured housing interests;
(c) Have at least one-half of the class instruction on
{ - the - } { + one or more + } provisions of ORS chapter
90 { + , + } { - and - } ORS 105.105 to 105.168 { + , + }
{ - and related law, including but not limited to - } fair
housing law { + or other law relating to landlords and
tenants + }; { - and - }
(d) Provide a certificate of completion to all attendees
{ - and a record of that completion to the department. - }
{ + ; and
(e) Provide the department with the following information:
(A) The name of each person who attends a class;
(B) The name of the attendee's facility;
(C) The city or county in which the attendee's facility is
located;
(D) The date of the class; and
(E) The names of the persons who taught the class. + }
(4) The department, a trade association or instructor is not
responsible for the conduct of a landlord, manager, owner or
other person attending a continuing education class under this
section. This section does not create a cause of action against
the department, a trade association or instructor related to the
continuing education class.
(5) The { - landlord - } { + owner + } of a facility is
responsible for ensuring compliance with the continuing education
requirements in this section.
{ +
VACANT SPACES IN FACILITIES + }
SECTION 40. ORS 90.730 is amended to read:
90.730. { + (1) As used in this section, 'facility common
areas' means all areas under control of the landlord and held out
for the general use of tenants. + }
{ - (1) - } { + (2) + } A landlord who rents a space for a
manufactured dwelling or floating home shall at all times during
the tenancy maintain the rented space { + , vacant spaces in the
facility + } and the facility common areas in a habitable
condition. The landlord does not have a duty to maintain a
dwelling or home. A landlord's habitability duty under this
section includes only the matters described in subsections
{ - (2) and (3) - } { + (3) to (5) + } of this section.
{ - (2) - } { + (3) + } For purposes of this section, a
rented space is considered unhabitable if it substantially lacks:
(a) A sewage disposal system and a connection to the space
approved under applicable law at the time of installation and
maintained in good working order to the extent that the sewage
disposal system can be controlled by the landlord;
(b) If required by applicable law, a drainage system reasonably
capable of disposing of storm water, ground water and subsurface
water, approved under applicable law at the time of installation
and maintained in good working order;
(c) A water supply and a connection to the space approved under
applicable law at the time of installation and maintained so as
to provide safe drinking water and to be in good working order to
the extent that the water supply system can be controlled by the
landlord;
(d) An electrical supply and a connection to the space approved
under applicable law at the time of installation and maintained
in good working order to the extent that the electrical supply
system can be controlled by the landlord;
(e) At the time of commencement of the rental agreement,
buildings, grounds and appurtenances that are kept in every part
safe for normal and reasonably foreseeable uses, clean, sanitary
and free from all accumulations of debris, filth, rubbish,
garbage, rodents and vermin;
(f) Except as otherwise provided by local ordinance or by
written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of
commencement of the rental agreement, and for which the landlord
shall provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal; and
(g) Completion of any landlord-provided space improvements,
including but not limited to installation of carports, garages,
driveways and sidewalks, approved under applicable law at the
time of installation.
{ + (4) A vacant space in a facility is considered
unhabitable if the space substantially lacks safety from the
hazards of fire or injury. + }
{ - (3)(a) For purposes of this section, 'facility common
areas' means all areas under control of the landlord and held out
for the general use of tenants. - }
{ - (b) - } { + (5) + } A facility common area is
considered unhabitable if it substantially lacks:
{ - (A) - } { + (a) + } Buildings, grounds and
appurtenances that are kept in every part safe for normal and
reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and
vermin;
{ - (B) - } { + (b) + } Safety from the hazards of fire;
and
{ - (C) - } { + (c) + } Trees, shrubbery and grass
maintained in a safe manner.
{ - (4) - } { + (6) + } The landlord and tenant may agree
in writing that the tenant is to perform specified repairs,
maintenance tasks and minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants on the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
{ +
FACILITY LANDLORD UNFAIR TRADE PRACTICES + }
SECTION 41. Section 13, chapter 658, Oregon Laws 2003, is
amended to read:
{ + Sec. 13. + } The amendments to ORS 646.605 by section 12
{ - of this 2003 Act - } { + , chapter 658, Oregon Laws
2003, + } become operative on January { - 1, 2008 - } { + 2,
2012 + }.
SECTION 42. Section 14, chapter 658, Oregon Laws 2003, is
amended to read:
{ + Sec. 14. + } Section 2 { - of this 2003 Act - } { + ,
chapter 658, Oregon Laws 2003, + } is repealed January { - 1,
2008 - } { + 2, 2012 + }.
{ +
CAPTIONS + }
SECTION 43. { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
{ +
EFFECTIVE DATE + }
SECTION 44. { + This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die. + }
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