75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 772
Sponsored by Senator BONAMICI; Senator MORRISETTE (at the request
of Manufactured Housing Landlord-Tenant Coalition)
CHAPTER ................
AN ACT
Relating to landlord-tenant law; creating new provisions;
amending ORS 90.100, 90.315, 90.510, 90.532, 90.534, 90.537 and
90.755 and sections 2, 3, 4 and 26, chapter 619, Oregon Laws
2005, and section 3, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 929); repealing section 2, chapter ___, Oregon Laws
2009 (Enrolled Senate Bill 929); and appropriating money.
Be It Enacted by the People of the State of Oregon:
{ +
SUBMETERING + }
SECTION 1. { + Sections 2 to 4 of this 2009 Act are added to
and made a part of ORS 90.531 to 90.539. + }
SECTION 2. { + (1) A landlord may unilaterally amend a rental
agreement to convert the method of billing a tenant for garbage
collection and disposal from a method described in ORS 90.532
(1)(b) to a method in which the service provider:
(a) Supplies garbage receptacles;
(b) Collects and disposes of garbage; and
(c)(A) Bills the tenant directly; or
(B) Bills the landlord, who then bills the tenant based upon
the number and size of the receptacles used by the tenant.
(2) A landlord shall give a tenant not less than 180 days'
written notice before converting a billing method under
subsection (1) of this section.
(3) If the cost of garbage service was included in the rent
before the conversion of a billing method under subsection (1) of
this section, the landlord shall reduce the tenant's rent upon
the first billing of the tenant under the new billing method. The
rent reduction may not be less than an amount reasonably
comparable to the amount of rent previously allocated for garbage
collection and disposal costs averaged over at least the
preceding year. Before the conversion occurs, the landlord shall
provide the tenant with written documentation from the service
provider showing the landlord's cost for the garbage collection
and disposal service provided to the facility during at least the
preceding year.
(4) A landlord may not convert a billing method under
subsection (1) of this section less than one year after giving
notice of a rent increase, unless the rent increase is an
Enrolled Senate Bill 772 (SB 772-B) Page 1
automatic increase provided for in a fixed term rental agreement
entered into one year or more before the conversion. + }
SECTION 3. { + (1) Notwithstanding ORS 90.534 (4) or 90.536
(3), a landlord may add an additional amount to a utility or
service charge billed to the tenant if:
(a) The utility or service charge to which the additional
amount is added is for cable television, direct satellite or
other video subscription services or for Internet access or
usage;
(b) The additional amount is not more than 10 percent of the
utility or service charge billed to the tenant;
(c) The total of the utility or service charge and the
additional amount is less than the typical periodic cost the
tenant would incur if the tenant contracted directly with the
provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;
(d) The written rental agreement providing for the utility or
service charge describes the additional amount separately and
distinctly from the utility or service charge; and
(e) Any billing or notice from the landlord regarding the
utility or service charge lists the additional amount separately
and distinctly from the utility or service charge.
(2) A landlord may not require a tenant to agree to the
amendment of an existing rental agreement, and may not terminate
a tenant for refusing to agree to the amendment of a rental
agreement, if the amendment would obligate the tenant to pay an
additional amount for cable television, direct satellite or other
video subscription services or for Internet access or usage as
provided under subsection (1) of this section. + }
SECTION 4. { + (1) A landlord shall, upon written request by
the tenant, make available for inspection by the tenant all
utility billing records relating to a utility or service charge
billed to the tenant during the preceding year. The landlord
shall make the records available to the tenant during normal
business hours at an on-site manager's office or at a location
agreed to by the landlord and tenant. A tenant may not abuse the
right to inspect utility or service charge records or use the
right to harass the landlord.
(2) If a landlord fails to comply with a provision of ORS
90.531 to 90.539, the tenant may recover from the landlord an
amount equal to one month's periodic rent or twice the amount
wrongfully charged to the tenant, whichever is greater. + }
SECTION 4a. ORS 90.315 is amended to read:
90.315. (1) As used in this section, 'utility or service '
includes but is not limited to electricity, natural or liquid
propane gas, oil, water, hot water, heat, air conditioning, cable
television, direct satellite or other video subscription
{ - service - } { + services + }, Internet access or usage,
sewer service and garbage collection and disposal.
(2) The landlord shall disclose to the tenant in writing at or
before the commencement of the tenancy any utility or service
that the tenant pays directly to a utility or service provider
that benefits, directly, the landlord or other tenants. A
tenant's payment for a given utility or service benefits the
landlord or other tenants if the utility or service is delivered
to any area other than the tenant's dwelling unit.
(3) If the landlord knowingly fails to disclose those matters
required under subsection (2) of this section, the tenant may
recover twice the actual damages sustained or one month's rent,
whichever is greater.
Enrolled Senate Bill 772 (SB 772-B) Page 2
(4)(a) Except for tenancies covered by ORS 90.505 to 90.840, if
a written rental agreement so provides, a landlord may require a
tenant to pay to the landlord a utility or service charge that
has been billed by a utility or service provider to the landlord
for utility or service provided directly to the tenant's dwelling
unit or to a common area available to the tenant as part of the
tenancy. A utility or service charge that shall be assessed to a
tenant for a common area must be described in the written rental
agreement separately and distinctly from such a charge for the
tenant's dwelling unit. Unless the method of allocating the
charges to the tenant is described in the tenant's written rental
agreement, the tenant may require that the landlord give the
tenant a copy of the provider's bill as a condition of paying the
charges.
{ - (b) A utility or service charge shall include only the
value or cost of the utility or service as billed to the landlord
by the provider as described in this subsection, except that a
landlord may add an additional amount to that value or cost
if: - }
{ - (A) The utility or service charge to which the additional
amount is added is for cable television, direct satellite or
other video subscription service or for Internet access or
usage; - }
{ - (B) The additional amount added to the utility or service
charge of each tenant is not more than 10 percent of the charge
to that tenant for cable television, direct satellite or other
video subscription service or Internet access or usage; - }
{ - (C) The total of the utility or service charge plus the
additional amount is less than the typical periodic cost that the
tenant would incur if the tenant contracted for the cable
television, direct satellite or other video subscription service
or the Internet access or usage directly with the provider;
and - }
{ - (D) The written rental agreement providing for the
utility or service charge describes the additional amount
separately and distinctly from the charge itself and any bill or
notice from the landlord to the tenant regarding the charge lists
the additional amount separately and distinctly from the utility
or service charge. - }
{ - (c) A landlord may not require an existing tenant to
modify a rental agreement, or terminate the tenancy of the tenant
for refusing to modify a rental agreement, to obligate the tenant
to pay an additional amount for cable television, direct
satellite or other video subscription service or Internet access
or usage as provided in paragraph (b) of this subsection. - }
{ + (b) Except as provided in this paragraph, a utility or
service charge may only include the cost of the utility or
service as billed to the landlord by the provider. A landlord may
add an additional amount to a utility or service charge billed to
the tenant if:
(A) The utility or service charge to which the additional
amount is added is for cable television, direct satellite or
other video subscription services or for Internet access or
usage;
(B) The additional amount is not more than 10 percent of the
utility or service charge billed to the tenant;
(C) The total of the utility or service charge and the
additional amount is less than the typical periodic cost the
tenant would incur if the tenant contracted directly with the
Enrolled Senate Bill 772 (SB 772-B) Page 3
provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;
(D) The written rental agreement providing for the utility or
service charge describes the additional amount separately and
distinctly from the utility or service charge; and
(E) Any billing or notice from the landlord regarding the
utility or service charge lists the additional amount separately
and distinctly from the utility or service charge.
(c) A landlord may not require a tenant to agree to the
amendment of an existing rental agreement, and may not terminate
a tenant for refusing to agree to the amendment of a rental
agreement, if the amendment would obligate the tenant to pay an
additional amount for cable television, direct satellite or other
video subscription services or for Internet access or usage as
provided under paragraph (b) of this subsection. + }
(d) A utility or service charge, including any additional
amount added pursuant to paragraph (b) of this subsection, is not
rent or a fee. Nonpayment of a utility or service charge 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.
(e) If a landlord fails to comply with paragraph (a), (b) or
(c) of this subsection, the tenant may recover from the landlord
an amount equal to one month's periodic rent or twice the amount
wrongfully charged to the tenant, whichever is greater.
(5)(a) If a tenant, under the rental agreement, is responsible
for a utility or service and is unable to obtain the service
prior to moving into the premises due to a nonpayment of an
outstanding amount due by a previous tenant or the owner, the
tenant may either:
(A) Pay the outstanding amount and deduct the amount from the
rent;
(B) Enter into a mutual agreement with the landlord to resolve
the lack of service; or
(C) Immediately terminate the rental agreement by giving the
landlord actual notice and the reason for the termination.
(b) If the tenancy terminates, the landlord shall return all
moneys paid by the tenant as deposits, rent or fees within four
days after termination.
(6) If a tenant, under the rental agreement, is responsible for
a utility or service and is unable to obtain the service after
moving into the premises due to a nonpayment of an outstanding
amount due by a previous tenant or the owner, the tenant may
either:
(a) Pay the outstanding amount and deduct the amount from the
rent; or
(b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy does not terminate if the
landlord restores service or the availability of service during
the 72 hours. If the tenancy terminates, the tenant may recover
actual damages from the landlord resulting from the shutoff and
the landlord shall return:
(A) Within four days after termination, all rent and fees; and
(B) All of the security deposit owed to the tenant under ORS
90.300.
(7) If a landlord, under the rental agreement, is responsible
for a utility or service and the utility or service is shut off
due to a nonpayment of an outstanding amount, the tenant may
either:
Enrolled Senate Bill 772 (SB 772-B) Page 4
(a) Pay the outstanding balance and deduct the amount from the
rent; or
(b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy does not terminate if the
landlord restores service during the 72 hours. If the tenancy
terminates, the tenant may recover actual damages from the
landlord resulting from the shutoff and the landlord shall
return:
(A) Within four days after termination, all rent prepaid for
the month in which the termination occurs prorated from the date
of termination or the date the tenant vacates the premises,
whichever is later, and any other prepaid rent; and
(B) All of the security deposit owed to the tenant under ORS
90.300.
(8) If a landlord fails to return to the tenant the moneys owed
as provided in subsection (5), (6) or (7) of this section, the
tenant shall be entitled to twice the amount wrongfully withheld.
(9) This section does not preclude the tenant from pursuing any
other remedies under this chapter.
SECTION 5. ORS 90.510 is amended to read:
90.510. (1) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide a written statement of
policy to prospective and existing tenants. The purpose of the
statement of policy is to provide disclosure of the landlord's
policies to prospective tenants and to existing tenants who have
not previously received a statement of policy. The statement of
policy is not a part of the rental agreement. The statement of
policy shall provide all of the following information in summary
form:
(a) The location and approximate size of the space to be
rented.
(b) The federal fair-housing age classification and present
zoning that affect the use of the rented space.
(c) The facility policy regarding rent adjustment and a rent
history for the space to be rented. The rent history must, at a
minimum, show the rent amounts on January 1 of each of the five
preceding calendar years or during the length of the landlord's
ownership, leasing or subleasing of the facility, whichever
period is shorter.
(d) The personal property, services and facilities that are
provided by the landlord.
(e) The installation charges that are imposed by the landlord
and the installation fees that are imposed by government
agencies.
(f) The facility policy regarding rental agreement termination
including, but not limited to, closure of the facility.
(g) The facility policy regarding facility sale.
(h) The facility policy regarding informal dispute resolution.
(i) The utilities and services that are available, the name of
the person furnishing them and the name of the person responsible
for payment.
(j) If a tenants' association exists for the facility, a
one-page summary about the tenants' association. The tenants'
association shall provide the summary to the landlord.
(k) Any facility policy regarding the removal of a manufactured
dwelling, including a statement that removal requirements may
impact the market value of a dwelling.
(2) The rental agreement and the facility rules and regulations
shall be attached as an exhibit to the statement of policy. If
Enrolled Senate Bill 772 (SB 772-B) Page 5
the recipient of the statement of policy is a tenant, the rental
agreement attached to the statement of policy must be a copy of
the agreement entered by the landlord and tenant.
(3) The landlord shall give:
(a) Prospective tenants a copy of the statement of policy
before the prospective tenants sign rental agreements;
(b) Existing tenants who have not previously received a copy of
the statement of policy and who are on month-to-month rental
agreements a copy of the statement of policy at the time a 90-day
notice of a rent increase is issued; and
(c) All other existing tenants who have not previously received
a copy of the statement of policy a copy of the statement of
policy upon the expiration of their rental agreements and before
the tenants sign new agreements.
(4) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide a written rental
agreement, except as provided by ORS 90.710 (2)(d). The agreement
must be signed by the landlord and tenant and may not be
unilaterally amended by one of the parties to the contract except
by:
(a) Mutual agreement of the parties;
(b) Actions { + taken + } pursuant to ORS 90.530, 90.537 or
90.600 { + or section 2 of this 2009 Act + }; or
(c) Those provisions required by changes in statute or
ordinance.
(5) The agreement required by subsection (4) of this section
must specify:
(a) The location and approximate size of the rented space;
(b) The federal fair-housing age classification;
(c) The rent per month;
(d) All personal property, services and facilities to be
provided by the landlord;
(e) All security deposits, fees and installation charges
imposed by the landlord;
(f) Improvements that the tenant may or must make to the rental
space, including plant materials and landscaping;
(g) Provisions for dealing with improvements to the rental
space at the termination of the tenancy;
(h) Any conditions the landlord applies in approving a
purchaser of a manufactured dwelling or floating home as a tenant
in the event the tenant elects to sell the home. Those conditions
must be in conformance with state and federal law and may
include, but are not limited to, conditions as to pets, number of
occupants and screening or admission criteria;
(i) That the tenant may not sell the tenant's manufactured
dwelling or floating home to a person who intends to leave the
manufactured dwelling or floating home on the rental space until
the landlord has accepted the person as a tenant;
(j) The term of the tenancy;
(k) The process by which the rental agreement or rules and
regulations may be changed, which shall identify that the rules
and regulations may be changed with 60 days' notice unless
tenants of at least 51 percent of the eligible spaces file an
objection within 30 days; and
(L) The process by which the landlord or tenant shall give
notices.
(6) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide rules and regulations
concerning the tenant's use and occupancy of the premises. A
violation of the rules and regulations may be cause for
Enrolled Senate Bill 772 (SB 772-B) Page 6
termination of a rental agreement. However, this subsection does
not create a presumption that all rules and regulations are
identical for all tenants at all times. A rule or regulation
shall be enforceable against the tenant only if:
(a) The rule or regulation:
(A) Promotes the convenience, safety or welfare of the tenants;
(B) Preserves the landlord's property from abusive use; or
(C) Makes a fair distribution of services and facilities held
out for the general use of the tenants.
(b) The rule or regulation:
(A) Is reasonably related to the purpose for which it is
adopted and is reasonably applied;
(B) Is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant of
what the tenant shall do or may not do to comply; and
(C) Is not for the purpose of evading the obligations of the
landlord.
(7)(a) A landlord who rents a space for a manufactured dwelling
or floating home may adopt a rule or regulation regarding
occupancy guidelines. If adopted, an occupancy guideline in a
facility must be based on reasonable factors and not be more
restrictive than limiting occupancy to two people per bedroom.
(b) As used in this subsection:
(A) Reasonable factors may include but are not limited to:
(i) The size of the dwelling.
(ii) The size of the rented space.
(iii) Any discriminatory impact for reasons identified in ORS
659A.421.
(iv) Limitations placed on utility services governed by a
permit for water or sewage disposal.
(B) 'Bedroom' means a room that is intended to be used
primarily for sleeping purposes and does not include bathrooms,
toilet compartments, closets, halls, storage or utility space and
similar areas.
(8) Intentional and deliberate failure of the landlord to
comply with subsections (1) to (3) of this section is cause for
suit or action to remedy the violation or to recover actual
damages. The prevailing party is entitled to reasonable attorney
fees and court costs.
(9) A receipt signed by the potential tenant or tenants for
documents required to be delivered by the landlord pursuant to
subsections (1) to (3) of this section is a defense for the
landlord in an action against the landlord for nondelivery of the
documents.
(10) A suit or action arising under subsection (8) of this
section must be commenced within one year after the discovery or
identification of the alleged violation.
(11) Every landlord who publishes a directory of tenants and
tenant services must include a one-page summary regarding any
tenants' association. The tenants' association shall provide the
summary to the landlord.
SECTION 6. ORS 90.532 is amended to read:
90.532. (1) Subject to the policies of the utility or service
provider, a landlord may { + , except as provided in subsections
(2) and (3) of this section, + } provide for utilities or
services to tenants by one or more of the following billing
methods:
(a) A relationship between the tenant and the utility or
service provider in which:
Enrolled Senate Bill 772 (SB 772-B) Page 7
(A) The provider provides the utility or service directly to
the tenant's space, including any utility or service line, and
bills the tenant directly; and
(B) The landlord does not act as a provider.
(b) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space or to a common area available to the tenant as
part of the tenancy; and
(C) The landlord { + :
(i) + } Includes the cost of the utility or service in the
tenant's rent { + ; + } or
{ + (ii) + } Bills the tenant for a utility or service charge
separately from the rent in an amount determined by apportioning
{ + on a pro rata basis + } the provider's charge to the
landlord as measured by a master meter.
(c) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space; and
(C) The landlord uses a submeter to measure the utility or
service actually provided to the space and bills the tenant for a
utility or service charge for the amount provided.
{ + (2) A landlord may not use a separately charged pro rata
apportionment as described in subsection (1)(b)(C)(ii) of this
section:
(a) For garbage collection and disposal, unless the pro rata
apportionment is based upon the number and size of the garbage
receptacles used by the tenant.
(b) For water service, if the rental agreement for the dwelling
unit was entered into on or after the effective date of this 2009
Act.
(c) For sewer service, if sewer service is measured by
consumption of water and the rental agreement for the dwelling
unit was entered into on or after the effective date of this 2009
Act.
(3) A landlord and tenant may not amend a rental agreement to
convert water or sewer utility and service billing from a method
described in subsection (1)(b)(C)(i) of this section to a method
described in subsection (1)(b)(C)(ii) of this section. + }
{ - (2) - } { + (4) + } To assess a tenant for a utility or
service charge for any billing period, the landlord shall give
the tenant a written notice stating the amount of the utility or
service charge that the tenant is to pay the landlord and the due
date for making the payment. The due date may not be less than 14
days from the date of service of the notice.
{ - (3) - } { + (5) + } A utility or service charge is not
rent or a fee. Nonpayment of a utility or service charge 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 90.630.
{ - (4) - } { + (6) + } The landlord is responsible for
maintaining the utility or service system, including any
submeter, consistent with ORS 90.730. After any installation or
maintenance of the system on a tenant's space, the landlord shall
restore the space to a condition that is the same as or better
Enrolled Senate Bill 772 (SB 772-B) Page 8
than the condition of the space before the installation or
maintenance.
{ - (5) - } { + (7) + } A landlord may not assess a utility
or service charge for water unless the water is provided to the
landlord by a:
(a) Public utility as defined in ORS 757.005;
(b) Municipal utility operating under ORS chapter 225;
(c) People's utility district organized under ORS chapter 261;
(d) Cooperative organized under ORS chapter 62;
(e) Domestic water supply district organized under ORS chapter
264; or
(f) Water improvement district organized under ORS chapter 552.
{ - (6) - } { + (8) + } A landlord who provides utilities
or services only to tenants of the landlord in compliance with
this section and ORS 90.534 and 90.536 is not a public utility
for purposes of ORS chapter 757.
SECTION 6a. { + If Senate Bill 929 becomes law, section 2,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 929)
(amending ORS 90.532), is repealed and ORS 90.532, as amended by
section 6 of this 2009 Act, is amended to read: + }
90.532. (1) Subject to the policies of the utility or service
provider, a landlord may, except as provided in subsections
(2) { + , + }
{ - and - } (3) { + and (4) + } of this section, provide for
utilities or services to tenants by one or more of the following
billing methods:
(a) A relationship between the tenant and the utility or
service provider in which:
(A) The provider provides the utility or service directly to
the tenant's space, including any utility or service line, and
bills the tenant directly; and
(B) The landlord does not act as a provider.
(b) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space or to a common area available to the tenant as
part of the tenancy; and
(C) The landlord:
(i) Includes the cost of the utility or service in the tenant's
rent; or
(ii) Bills the tenant for a utility or service charge
separately from the rent in an amount determined by apportioning
on a pro rata basis the provider's charge to the landlord as
measured by a master meter.
(c) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space; and
(C) The landlord uses a submeter to measure the utility or
service actually provided to the space and bills the tenant for a
utility or service charge for the amount provided.
(2) A landlord may not use a separately charged pro rata
apportionment as described in subsection (1)(b)(C)(ii) of this
section:
Enrolled Senate Bill 772 (SB 772-B) Page 9
(a) For garbage collection and disposal, unless the pro rata
apportionment is based upon the number and size of the garbage
receptacles used by the tenant.
(b) For water service, if the rental agreement for the dwelling
unit was entered into on or after the effective date of this 2009
Act.
(c) For sewer service, if sewer service is measured by
consumption of water and the rental agreement for the dwelling
unit was entered into on or after the effective date of this 2009
Act.
(3) A landlord and tenant may not amend a rental agreement to
convert water or sewer utility and service billing from a method
described in subsection (1)(b)(C)(i) of this section to a method
described in subsection (1)(b)(C)(ii) of this section.
{ + (4) A landlord for a manufactured dwelling park
containing 200 or more spaces in the facility may not assess a
tenant a utility or service charge for water by using the billing
method described in subsection (1)(b) of this section. + }
{ - (4) - } { + (5) + } To assess a tenant for a utility or
service charge for any billing period, the landlord shall give
the tenant a written notice stating the amount of the utility or
service charge that the tenant is to pay the landlord and the due
date for making the payment. The due date may not be less than 14
days from the date of service of the notice.
{ - (5) - } { + (6) + } A utility or service charge is not
rent or a fee. Nonpayment of a utility or service charge 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 90.630.
{ - (6) - } { + (7) + } The landlord is responsible for
maintaining the utility or service system, including any
submeter, consistent with ORS 90.730. After any installation or
maintenance of the system on a tenant's space, the landlord shall
restore the space to a condition that is the same as or better
than the condition of the space before the installation or
maintenance.
{ - (7) - } { + (8) + } A landlord may not assess a utility
or service charge for water unless the water is provided to the
landlord by a:
(a) Public utility as defined in ORS 757.005;
(b) Municipal utility operating under ORS chapter 225;
(c) People's utility district organized under ORS chapter 261;
(d) Cooperative organized under ORS chapter 62;
(e) Domestic water supply district organized under ORS chapter
264; or
(f) Water improvement district organized under ORS chapter 552.
{ - (8) - } { + (9) + } A landlord who provides utilities
or services only to tenants of the landlord in compliance with
this section and ORS 90.534 and 90.536 is not a public utility
for purposes of ORS chapter 757.
SECTION 6b. If Senate Bill 929 becomes law, section 3, chapter
___, Oregon Laws 2009 (Enrolled Senate Bill 929), is amended to
read:
{ + Sec. 3. + } The amendments to ORS 90.532 by { - section
2 of this 2009 Act - } { + section 6a of this 2009 Act + }
become operative December 31, 2012.
SECTION 7. ORS 90.534 is amended to read:
90.534. (1) If a written rental agreement so provides, a
landlord using the { + pro rata + } billing method described in
ORS 90.532 (1)(b) { + (C)(ii) + } may require a tenant to pay to
Enrolled Senate Bill 772 (SB 772-B) Page 10
the landlord a utility or service charge that has been billed by
a utility or service provider to the landlord for a utility or
service provided directly to the tenant's space or to a common
area available to the tenant as part of the tenancy. { + A
landlord may not unilaterally amend a rental agreement to convert
utility and service billing from a method described in ORS 90.532
(1)(b)(C)(i) to a method described in ORS 90.532
(1)(b)(C)(ii). + }
(2) { + (a) As used in this subsection, 'occupied' means that a
tenant resides in the dwelling or home during each month for
which the utility or service is billed.
(b) + } A utility or service charge that is assessed { + on a
pro rata basis + } to tenants for the tenants' spaces under this
section must be allocated among the tenants by a method that
reasonably apportions the cost among the affected tenants and
that is described in the rental agreement.
{ + (c) + }Methods that reasonably apportion the cost among
the tenants include, but are not limited to, methods that divide
the cost based on { + :
(A) + } The number of occupied spaces in the facility { + ; + }
{ - or on - }
{ + (B) The number of tenants or occupants in the dwelling or
home compared with the number of tenants or occupants in the
facility, if there is a correlation with consumption of the
utility or service; or
(C) + }The square footage in each dwelling, home or space
{ + compared with the total square footage of occupied
dwellings or homes in the facility, if there is a correlation
with consumption of the utility or service + }.
(3) A utility or service charge to be assessed to a tenant for
a common area must be described in the written rental agreement
separately and distinctly from the utility or service charge for
the tenant's space.
(4) A landlord may not increase the utility or service charge
to the tenant by adding any costs of the landlord, such as a
handling or administrative charge, other than those costs billed
to the landlord by the provider for utilities or services.
SECTION 8. ORS 90.537 is amended to read:
90.537. (1) A landlord may unilaterally amend a rental
agreement to convert a tenant's existing utility or service
billing method from a method described in ORS 90.532 (1)(b) to a
submeter billing method described in ORS 90.532 (1)(c). The
landlord must give the tenant not less than 180 days' written
notice before converting to a submeter billing method.
(2) A landlord must give notice as provided in ORS 90.725
before entering a tenant's space to install or maintain a utility
or service line or a submeter that measures the amount of a
provided utility or service.
(3) If the cost of the tenant's utility or service was included
in the rent before the conversion to submeters, the landlord
shall reduce the tenant's rent upon the landlord's first billing
of the tenant using the submeter method. The rent reduction may
not be less than an amount reasonably comparable to the amount of
the rent previously allocated to the utility or service cost
averaged over at least the preceding six months. { + A landlord
may not convert billing to a submeter method less than one year
after giving notice of a rent increase, unless the rent increase
is an automatic increase provided for in a fixed term rental
agreement entered into one year or more before the conversion.
+ }Before the landlord first bills the tenant using the submeter
Enrolled Senate Bill 772 (SB 772-B) Page 11
method, the landlord shall provide the tenant with written
documentation from the utility or service provider showing the
landlord's cost for the utility or service provided to the
facility during at least the six preceding months.
(4) During the six months following a conversion to submeters,
the landlord may not raise the rent to recover the costs of
installing, maintaining or operating the utility or service
system or of new lines or submeters. Except as part of the rent,
a landlord may not charge the tenant for the cost of installation
or for any capital expenses related to the conversion to
submeters or for the cost of maintenance or operation of the
utility or service system. As used in this subsection, '
operation' includes, but is not limited to, reading the submeter.
(5) A rental agreement amended under this section shall include
language that fairly describes the provisions of this section.
(6) If a landlord installs a submeter on an existing utility or
service line to a space or common area that is already served by
that line, unless the installation causes a system upgrade, a
local government may not assess a system development charge as
defined in ORS 223.299 as a result of the installation.
{ +
ENFORCEMENT: REGISTRATION AND EDUCATION + }
SECTION 9. { + (1) The Housing and Community Services
Department shall adopt rules for the administration and
enforcement of sections 2 and 3, chapter 619, Oregon Laws 2005.
The rules shall include, but need not be limited to, a rule that
establishes a schedule of civil penalties for noncompliance that
is consistent with the amount limitation established under
section 4, chapter 619, Oregon Laws 2005.
(2) The department shall appoint an advisory committee to
advise the department in drafting the rules required by
subsection (1) of this section and to assist the department in
implementing and administering the duties of the department
regarding the registration and continuing education requirements
established in sections 2 and 3, chapter 619, Oregon Laws 2005.
The advisory committee shall include representatives of
interested parties, including but not limited to representatives
of manufactured dwelling park landlords and representatives of
manufactured dwelling park tenants. + }
SECTION 10. Section 2, chapter 619, Oregon Laws 2005, as
amended by section 38, chapter 906, Oregon Laws 2007, is amended
to read:
{ + Sec. 2. + } (1) Every landlord of a { - facility - }
{ + manufactured dwelling park + } shall register
{ + annually + } in writing with the Housing and Community
Services Department. { + The department shall charge the
landlord a registration fee of $25. The landlord shall file a
registration and pay a registration fee for each park owned or
managed by the landlord. + }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 { + of the
park + }.
(b) The name of the { - facility - } { + park + }.
(c) The physical address of the { - facility - } { +
park + } or, if different from the physical address, the mailing
address.
Enrolled Senate Bill 772 (SB 772-B) Page 12
(d) A telephone number of the { - facility - } { +
park + }.
(e) The total number of spaces in the { - facility - } { +
park + }.
(2) { - (a) - } The landlord of a new { - facility - }
{ + manufactured dwelling park + } shall register with the
department no later than 60 days after the opening of the
{ - facility - } { + park + }.
{ - (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 send a written reminder notice to
each landlord that holds a current registration under this
section before the due date for the landlord to file a new
registration. + } 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.
{ + (5) Moneys from registration fees described in subsection
(1) of this section shall be deposited in the Mobile Home Parks
Account. Notwithstanding ORS 446.533, moneys deposited in the
account under this section are continuously appropriated to the
department for the purpose of implementing and administering the
duties of the department under this section, section 3, chapter
619, Oregon Laws 2005, and section 9 of this 2009 Act. + }
SECTION 11. Section 3, chapter 619, Oregon Laws 2005, as
amended by section 39, chapter 906, Oregon Laws 2007, is amended
to read:
{ + Sec. 3. + } (1) At least one person for each
{ - facility - } { + manufactured dwelling park + } who has
authority to manage the premises { + of the park + } shall,
every two years, complete six hours of continuing education
relating to the management of { - facilities - } { +
manufactured dwelling parks + }. The following apply for a person
whose continuing education is required:
(a) If there is any manager or owner who lives in the
{ - facility - } { + park + }, the person completing the
continuing education must be a manager or owner who lives in the
{ - facility - } { + park + }.
(b) If no manager or owner lives in the { - facility - }
{ + park + }, the person completing the continuing education
must be a manager who lives outside the { - facility - } { +
park + } or, if there is no manager, an owner of the
{ - facility - } { + park + }.
(c) A manager or owner may satisfy the continuing education
requirement for more than one { - facility if those facilities
do not - } { + park that does not + } have a manager or owner
who lives in the
{ - facility - } { + park + }.
(2) If a person becomes the { - facility - } { +
manufactured dwelling park + } 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.
Enrolled Senate Bill 772 (SB 772-B) Page 13
(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 - } { + offered by + }a statewide nonprofit
trade association { - that represents - } { + in Oregon
representing + } manufactured housing interests { + and approved
by the department + };
(c) Have at least one-half of the class instruction on one or
more provisions of ORS chapter 90, ORS 105.105 to 105.168, fair
housing law or other law relating to landlords and tenants;
(d) Provide a certificate of completion to all attendees; 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 - } { +
manufactured dwelling park + };
(C) The city or county in which the attendee's
{ - facility - } { + park + } 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 owner of a { - facility - } { + manufactured
dwelling park + } is responsible for ensuring compliance with the
continuing education requirements in this section.
{ + (6) The department shall annually send a written reminder
notice regarding continuing education requirements under this
section to each manufactured dwelling park at the address shown
in the park registration filed under section 2, chapter 619,
Oregon Laws 2005. + }
SECTION 12. Section 4, chapter 619, Oregon Laws 2005, is
amended to read:
{ + Sec. 4. + } (1) The Housing and Community Services
Department may assess a civil penalty against a landlord { + or
owner + } if the department finds that the landlord { + or
owner + } has not { - made a good faith effort to comply - }
{ + complied + } with section 2 or 3 { - of this 2005 Act - }
{ + , chapter 619, Oregon Laws 2005 + }. The civil penalty may
not exceed { - $500 - } { + $1,000 + }. { + The department
shall assess the civil penalty according to the schedule of
penalties developed by the department under section 9 of this
2009 Act. In assessing a civil penalty under this section, the
department shall take into consideration any good faith efforts
by the landlord or owner to comply with section 2 or 3, chapter
619, Oregon Laws 2005. + }
(2) A civil penalty assessed under this section shall be
deposited { - to - } { + in + } the Mobile Home Parks Account
and continuously appropriated to the department for use in
carrying out the policies described in ORS 446.515.
{ + (3) If a civil penalty assessed under this section is not
paid on or before 90 days after the order assessing the civil
penalty becomes final by operation of law, the department may
file the order with the county clerk of the county where the
manufactured dwelling park of the landlord or owner is located as
a lien against the park. In addition to any other available
remedy, recording the order in the County Clerk Lien Record has
Enrolled Senate Bill 772 (SB 772-B) Page 14
the effect provided for in ORS 205.125 and 205.126 and the order
may be enforced as provided in ORS 205.125 and 205.126. + }
SECTION 13. Section 26, chapter 619, Oregon Laws 2005, is
amended to read:
{ + Sec. 26. + } { + (1) + } Sections 2 to 4 { - of this
2005 Act - } { + , chapter 619, Oregon Laws 2005, + } are
repealed January 2, 2012.
{ + (2) Section 9 of this 2009 Act is repealed January 2,
2012. + }
{ +
TEMPORARY OCCUPANCY AGREEMENT + }
SECTION 14. { + Section 15 of this 2009 Act is added to and
made a part of ORS 90.100 to 90.465. + }
SECTION 15. { + (1) As provided under this section, a landlord
may allow an individual to become a temporary occupant of the
tenant's dwelling unit as a guest of the tenant. To create a
temporary occupancy, the landlord, tenant and proposed temporary
occupant must enter into a written temporary occupancy agreement
that describes the temporary occupancy relationship.
(2) The temporary occupant:
(a) Is not a tenant entitled to occupy the dwelling unit to the
exclusion of others; and
(b) Does not have the rights of a tenant.
(3) The temporary occupancy agreement may be terminated by:
(a) The tenant without cause at any time; and
(b) The landlord only for cause that is a material violation of
the temporary occupancy agreement.
(4) The temporary occupant does not have a right to cure a
violation that causes a landlord to terminate the temporary
occupancy agreement.
(5) Before entering into a temporary occupancy agreement, a
landlord may screen the proposed temporary occupant for issues
regarding conduct or for a criminal record. The landlord may not
screen the proposed temporary occupant for credit history or
income level.
(6) A temporary occupancy agreement:
(a) Shall expressly include the requirements of subsections (2)
to (4) of this section;
(b) May provide that the temporary occupant is required to
comply with any applicable rules for the premises; and
(c) May have a specific ending date.
(7) The landlord, tenant and temporary occupant may extend or
renew a temporary occupancy agreement or may enter into a new
temporary occupancy agreement.
(8) A landlord or tenant is not required to give the temporary
occupant written notice of the termination of a temporary
occupancy agreement.
(9) The temporary occupant shall promptly vacate the dwelling
unit if a landlord terminates a temporary occupancy agreement for
material violation of the temporary occupancy agreement or if the
temporary occupancy agreement ends by its terms. Except as
provided in ORS 90.449, the landlord may terminate the tenancy of
the tenant as provided under ORS 90.392 or 90.630 if the
temporary occupant fails to promptly vacate the dwelling unit or
if the tenant materially violates the temporary occupancy
agreement.
(10) A temporary occupant shall be treated as a squatter if the
temporary occupant continues to occupy the dwelling unit after a
Enrolled Senate Bill 772 (SB 772-B) Page 15
tenancy has ended or after the tenant revokes permission for the
occupancy by terminating the temporary occupancy agreement.
(11)(a) A landlord may not enter into a temporary occupancy
agreement for the purpose of evading landlord responsibilities
under this chapter or to diminish the rights of an applicant or
tenant under this chapter.
(b) A tenant may not become a temporary occupant in the
tenant's own dwelling unit.
(c) A tenancy may not consist solely of a temporary occupancy.
Each tenancy must have at least one tenant. + }
SECTION 16. 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' means:
(a) Abuse between family or household members, as those terms
are defined in ORS 107.705; or
(b) Abuse, as defined in ORS 107.705, between partners in a
dating relationship.
(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
Enrolled Senate Bill 772 (SB 772-B) Page 16
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.
(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
Enrolled Senate Bill 772 (SB 772-B) Page 17
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.
(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.
(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.
(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.
(29) 'Person' includes an individual or organization.
(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.
(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.
(32) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
(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.
(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.
(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.
(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.
Enrolled Senate Bill 772 (SB 772-B) Page 18
(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.
(38) 'Sexual assault' has the meaning given that term in ORS
147.450.
(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) - } { + (6) + }.
(40) 'Stalking' means the behavior described in ORS 163.732.
(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.
(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.
(43) 'Tenant' { + :
(a) Except as provided in paragraph (b) of this subsection:
(A) + }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 - }
{ + (B) + } { + Means + } a minor, as defined and provided
for in ORS 109.697. { - As used in ORS 90.505 to 90.840,
'tenant' includes - }
{ + (b) For purposes of ORS 90.505 to 90.840, means + } 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.
{ + (c) Does not mean a guest or temporary occupant. + }
(44) 'Transient lodging' means a room or a suite of rooms.
(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.
(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.
(47) 'Victim' means:
(a) The person against whom an incident related to domestic
violence, sexual assault or stalking is perpetrated; or
(b) The parent or guardian of a minor household member against
whom an incident related to domestic violence, sexual assault or
stalking is perpetrated, unless the parent or guardian is the
perpetrator.
(48) 'Week-to-week tenancy' means a tenancy that has all of the
following characteristics:
Enrolled Senate Bill 772 (SB 772-B) Page 19
(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.
{ +
POLITICAL SIGNS + }
SECTION 17. ORS 90.755 is amended to read:
90.755. (1) No provision in any bylaw, rental agreement,
regulation or rule { - shall - } { + may + } infringe upon
the right of a person who rents a space for a manufactured
dwelling or floating home to invite public officers, candidates
for public office or officers or representatives of a tenant
organization to appear and speak upon matters of public interest
in the common areas or recreational areas of the facility at
reasonable times and in a reasonable manner in an open public
meeting. The landlord of a facility, however, may enforce
reasonable rules and regulations relating to the time, place and
scheduling of the speakers that will protect the interests of the
majority of the homeowners.
(2) The landlord shall allow the tenant to place political
signs on or in a manufactured dwelling or floating home owned by
the tenant { + or the space rented by the tenant + }. The size
{ - , placement and character of such signs shall be - }
{ + of the signs and the length of time for which the signs may
be displayed are + } subject to the reasonable rules of the
landlord.
{ +
CAPTIONS + }
SECTION 18. { + The unit captions used in this 2009 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 2009 Act. + }
----------
Passed by Senate June 17, 2009
Repassed by Senate June 29, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 772 (SB 772-B) Page 20
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 772 (SB 772-B) Page 21