75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3238
House Bill 3196
Sponsored by Representative BUCKLEY; Senator MONNES ANDERSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes limitation on rent increases for space in facility
for manufactured dwellings and floating homes. Modifies
requirements for interaction between landlords and tenants'
committees. Establishes penalties for failure of landlord to meet
with tenants' committee or make written response to summary of
meeting with tenants' committee.
Requires submission of dispute not resolved by informal dispute
resolution to binding arbitration at election of one party to
dispute. Establishes fee, payable by park owners, to cover costs.
Establishes penalty for failure to pay fee within 30 days after
fee is due.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to space rental; creating new provisions; amending ORS
90.600, 90.675, 446.525 and 446.547; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.600 is amended to read:
90.600. (1) { + As used in this section:
(a) 'Anniversary date' means the annual anniversary of a
tenancy or, for a tenancy in effect on the effective date of this
2009 Act, January 1 of each year of the tenancy.
(b) 'Base rent' means:
(A) During the first year of a tenancy, the space rent on the
first day of a fixed term or month-to-month tenancy between a
landlord and a tenant or, for a tenancy in effect on the
effective date of this 2009 Act, the space rent specified in the
rental agreement on the effective date of this 2009 Act; and
(B) On an anniversary date, the space rent in effect for the
previous year.
(c) 'Capital improvement' means installation, repair or
replacement of a major infrastructure system at a facility.
(2) A landlord:
(a) May increase the rent established in a fixed term or
month-to-month tenancy once per year on the anniversary date.
(b) + } { - If a rental agreement is a month-to-month tenancy
to which ORS 90.505 to 90.840 apply, the landlord - } May not
increase the rent { + on the anniversary date + } unless the
landlord gives notice in writing to { - each - } { + the + }
affected tenant at least 90 days prior to the effective date of
the rent increase specifying the amount of the increase, the
amount of the new rent and the date on which the increase becomes
effective.
{ - (2) This section does not create a right to increase rent
that does not otherwise exist. - }
{ - (3) This section does not require a landlord to
compromise, justify or reduce a rent increase that the landlord
otherwise is entitled to impose. - }
{ - (4) Neither ORS 90.510 (1), requiring a landlord to
provide a statement of policy, nor ORS 90.510 (4), requiring a
landlord to provide a written rental agreement, create a basis
for tenant challenge of a rent increase, judicially or
otherwise. - }
{ - (5)(a) The tenants who reside in a facility may elect one
committee of seven or fewer members in a facility-wide election
to represent the tenants. One tenant of record for each rented
space may vote in the election. Upon written request from the
tenants' committee, the landlord or a representative of the
landlord shall meet with the committee within 10 to 30 days of
the request to discuss the tenants' nonrent concerns regarding
the facility. Unless the parties agree otherwise, upon a request
from the tenants' committee, a landlord or representative of the
landlord shall meet with the tenants' committee at least once,
but not more than twice, each calendar year. The meeting shall be
held on the premises if the facility has suitable meeting space
for that purpose, or at a location reasonably convenient to the
tenants. After the meeting, the tenants' committee shall send a
written summary of the issues and concerns addressed at the
meeting to the landlord. The landlord or the landlord's
representative shall make a good faith response in writing to the
committee's summary within 60 days. - }
{ - (b) The tenants' committee is entitled to informal
dispute resolution in accordance with ORS 446.547 if the landlord
or landlord's representative fails to meet with the tenants'
committee or fails to respond in good faith to the written
summary as required by paragraph (a) of this subsection. - }
{ + (3) The rent increase authorized by this section may not
exceed the total of:
(a) The base rent multiplied by the percentage change in the
Portland-Salem Consumer Price Index for All Urban Consumers for
All Items as reported by the United States Bureau of Labor
Statistics over the previous 12-month period as applied to the
specific anniversary date; and
(b) The tenant's prorated share of the cost of each capital
improvement made or to be made in the following year.
(4) The notice of rent increase required by subsection (2) of
this section must specify:
(a) The percentage change in the index described in subsection
(3)(a) of this section; and
(b) The cost of each capital improvement begun in the year,
including the exact nature of the capital improvement, the
anticipated completion date, the contractor who will perform the
capital improvement, the period during which the cost will be
recovered as part of the rent and the prorated share of the cost
per tenancy.
(5) The cost of a capital improvement may only be recovered in
equal monthly amounts, and the recovery period must be at least
one-half of the estimated useful life of the improvement. When
the cost of the capital improvement has been recovered, the
landlord must reduce the rent by an amount equal to the amount by
which the rent increased to recover the cost of the capital
improvement.
(6) The Housing and Community Services Department, by rule,
shall establish a process by which a landlord may challenge the
limitation on rent increases authorized by this section. The
appeal process must provide the landlord an opportunity to
present evidence that special circumstances make it difficult to
obtain a fair and reasonable return on investment within the
limitation on rent increases. The department, by rule, shall
develop standards for what constitutes a fair return on
investment and criteria for balancing, in specific appeals, the
interest of landlords in receiving a fair and reasonable return
on investment and the interest of tenants in avoiding excessive
rent increases.
(7) Spaces that have been sold within a facility, but are still
available for rent, are subject to the limitation on rent
increases authorized by this section.
(8) Manufactured dwellings or floating homes that are rented
within a facility are subject to the limitation on rent increases
authorized by this section.
(9) The landlord shall provide the department with rent and
rent increase data for the facility.
(10) If the landlord does not provide the rent and rent
increase data required by subsection (9) of this section in a
timely manner as determined by the department, the department
shall impose a civil penalty against the landlord in the amount
of $100 per day until the landlord provides the data and pays the
civil penalty in full.
(11) The department shall post on its website:
(a) The percentage change in the Portland-Salem Consumer Price
Index for All Urban Consumers for All Items as reported by the
United States Bureau of Labor Statistics month by month; and
(b) Rent and rent increase data for facilities for the previous
10-year period. + }
SECTION 2. { + Section 3 of this 2009 Act is added to and made
a part of ORS 90.505 to 90.840. + }
SECTION 3. { + (1) Tenants who reside in a facility may elect
a committee of seven or fewer members, in a facility-wide
election, to represent the tenants. One tenant of record for each
rented space within the facility may vote in the election.
(2) Upon written request from the tenants' committee, the
landlord or a representative of the landlord shall meet with the
committee within 10 to 30 days after the request to discuss the
tenants' concerns regarding the facility, including concerns
about rent and the cost of a capital improvement. Unless the
parties agree otherwise, upon a request from the committee, the
landlord or a representative of the landlord shall meet with the
committee at least once each calendar year. The meeting must be
held on the premises, if the facility has suitable meeting space
for that purpose, or at a location reasonably convenient to the
tenants. After the meeting, the committee shall send a written
summary of the issues and concerns addressed at the meeting to
the landlord. The landlord or a representative of the landlord
shall make a good faith response in writing to the committee's
summary within 30 days after receipt of the summary.
(3) If the landlord or a representative of the landlord does
not meet with the committee or does not make a good faith
response in writing to a committee's summary of the meeting as
required by subsection (2) of this section:
(a) The tenants' committee is entitled to informal dispute
resolution in accordance with ORS 446.547.
(b) The Housing and Community Services Department shall impose
a civil penalty against the landlord in the amount of $1,000 for
each violation of the provisions of this subsection. If the
landlord does not pay the fine within 30 days after the
department determines that a violation described in this
subsection occurred and assesses a fine for the violation, the
department shall impose an additional civil penalty in the amount
of $100 per violation per day until the landlord pays all civil
penalties in full.
(4) The department may reduce or waive the civil penalty
imposed under subsection (3) of this section if the matter is
resolved by informal dispute resolution or binding arbitration
under ORS 446.547. + }
SECTION 4. { + Notwithstanding ORS 90.600 (10) and (12):
(1) Not later than 90 days after the effective date of this
2009 Act, a landlord shall provide rent data for the previous
five years, or, if the facility has been open less than five
years, rent data for the period since the facility opened.
(2) The Housing and Community Services Department shall post
rent data received under subsection (1) of this section and shall
add additional years of rent and rent increase data until the
department's website contains rent and rent increase data for a
10-year period for each facility. + }
SECTION 5. ORS 446.525 is amended to read:
446.525. (1) A special assessment is levied annually upon each
manufactured dwelling that is assessed for ad valorem property
tax purposes as personal property. The amount of the assessment
is $6.
(2) On or before July 15 of each year, the county assessor
shall determine and list the manufactured dwellings in the county
that are assessed for the current assessment year as personal
property. Upon making a determination and list, the county
assessor shall cause the special assessment levied under
subsection (1) of this section to be entered on the general
assessment and tax roll prepared for the current assessment year
as a charge against each manufactured dwelling so listed. Upon
entry, the special assessment shall become a lien, be assessed
and be collected in the same manner and with the same interest,
penalty and cost charges as apply to ad valorem property taxes in
this state.
(3) Any amounts of special assessment collected pursuant to
subsection (2) of this section shall be deposited in the county
treasury, shall be paid over by the county treasurer to the State
Treasury and shall be credited to the Mobile Home Parks Account
to be used exclusively for carrying out ORS 446.380, 446.385,
446.392 and 446.543 and implementing the policies described in
ORS 446.515.
(4) In lieu of the procedures under subsection (2) of this
section, the Director of the Housing and Community Services
Department may make a direct billing of the special assessment to
the owners of manufactured dwellings and receive payment of the
special assessment from those owners. In the event that under the
billing procedures any owner fails to make payment, the unpaid
special assessment shall become a lien against the manufactured
dwelling and may be collected under contract or other agreement
by a collection agency or may be collected under ORS 293.250, or
the lien may be foreclosed by suit as provided under ORS chapter
88 or as provided under ORS 87.272 to 87.306. Upon collection
under this subsection, the amounts of special assessment shall be
deposited in the State Treasury and shall be credited to the
Mobile Home Parks Account to be used exclusively for carrying out
ORS 446.380, 446.385, 446.392 and 446.543 and implementing the
policies described in ORS 446.515.
{ + (5) The Housing and Community Services Department shall
assess the owners of manufactured dwelling parks and mobile home
parks, as those terms are defined in ORS 446.003, a fee in the
amount of $6 per year for each unit in a park to pay the costs of
informal dispute resolution and binding arbitration under ORS
446.547 and to compensate the department for costs incurred to
implement ORS 446.547.
(6) The department shall deposit moneys collected under
subsection (5) of this section in the Mobile Home Parks Account
and use the moneys and interest earned on the moneys as required
in ORS 446.547.
(7) If a park owner does not pay the fee required by subsection
(5) of this section within 30 days after the due date determined
by the department, the department shall impose a civil penalty
against the park owner in the amount of $100 per day for each day
over 30 days after the due date until the park owner pays the fee
and the civil penalty in full. + }
SECTION 6. ORS 446.547 is amended to read:
446.547. { + (1) + } Each mobile home { + park + } and
manufactured dwelling park { + , as those terms are defined in
ORS 446.003, + } shall establish an informal dispute resolution
procedure that { - insures - } { + ensures + } each issue
with merit { - shall - } { + arising out of ORS 90.505 to
90.840 must + }be given a fair hearing within 30 days of receipt
of a formal complaint.
{ + (2) Upon the election of a landlord or a tenant, an issue
with merit arising out of ORS 90.505 to 90.840 that is not
resolved by informal dispute resolution under subsection (1) of
this section may be submitted to binding arbitration. The
decision of the arbitrator is final.
(3) The Housing and Community Services Department shall prepare
and maintain a list of arbitrators. If the parties cannot agree
on an arbitrator from the list, or another arbitrator acceptable
to all parties, the administrator of the department's Community
Resources Division shall select the arbitrator. + }
SECTION 7. 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 90.412 or 90.417.
(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) - } { + (2) + }.
(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 8. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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