Chapter 820 Oregon Laws 1999

Session Law

AN ACT

SB 1087

Relating to facilities renting space for owner occupied housing; amending ORS 90.680.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 90.680 is amended to read:

90.680. (1) No landlord shall deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

(2) The landlord shall not exact a commission or fee for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as agent for the seller pursuant to written contract.

(3) The landlord may not deny the tenant the right to place a "for sale" sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord.

(4) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require:

(a) That a tenant give not more than 30 days' notice in writing prior to the sale of [a manufactured dwelling or floating home on a rented space if the prospective purchaser of the home desires to leave the home on the rented space and become a tenant] the dwelling or home on a rented space;

(b) That the prospective purchaser complete and submit a complete and accurate written application for occupancy of the dwelling or home as a tenant when the sale is complete and that a prospective purchaser may not occupy the [manufactured] dwelling or [floating] home until the prospective purchaser is accepted by the landlord as a tenant; [and]

(c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell [manufactured] dwellings or [floating] homes of the requirements of [paragraph (b)] paragraphs (b) and (d) of this subsection and any other rules and regulations of the facility such as those described in ORS 90.510 (5)(b), (f), (h) and (i)[.]; and

(d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant as authorized under ORS 90.140 and the rental agreement, prior to the landlord's acceptance of the prospective purchaser as a tenant.

(5) The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (4) of this section:

(a) The landlord is subject to subsection (6) of this section if the landlord does not accept or reject the prospective purchaser's application within 20 days of receipt or within a longer time period to which the landlord and prospective purchaser agree.

(b) The landlord, for cause as specified in ORS 90.510 (5)(h), may reject the prospective purchaser as a tenant. In such case the landlord shall furnish to the seller and purchaser a written statement of the reasons for the rejection.

(c) If the landlord accepts the potential purchaser as a tenant, the landlord shall inform the purchaser, at the time of acceptance, what conditions will be imposed on a subsequent sale. These conditions need not be the same as those in the previous rental agreement.

(6) The following apply if a landlord does not require a prospective purchaser to submit an application for occupancy as a tenant under subsection (4) of this section or if the landlord does not accept or reject the prospective purchaser as a tenant within the time required under subsection (5) of this section:

(a) The landlord waives any right to bring an action against the tenant under the rental agreement for breach of the landlord's right to establish conditions upon and approve a prospective purchaser of the tenant's dwelling or home;

(b) The prospective purchaser, upon completion of the sale, may occupy the dwelling or home as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and

(c) If the prospective purchaser becomes a new tenant, the landlord may only impose conditions or terms on the tenancy that are inconsistent with the terms and conditions of the seller's rental agreement if the new tenant agrees in writing.

SECTION 2. If Senate Bill 1088 becomes law, section 1 of this 1999 Act (amending ORS 90.680) is repealed and ORS 90.680, as amended by section 25, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088), is amended to read:

90.680. (1) A landlord shall not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

(4) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require:

(a) Except when a termination or abandonment occurs, that a tenant give not more than 30 days' notice in writing prior to the sale of [a manufactured dwelling or floating home on a rented space if the prospective purchaser of the dwelling or home desires to leave the dwelling or home on the rented space and become a tenant] the dwelling or home on a rented space;

(c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell [manufactured] dwellings or [floating] homes of the requirements of [paragraph (b)] paragraphs (b) and (d) of this subsection, the location of all properly functioning smoke alarms and any other rules and regulations of the facility such as those described in ORS 90.510 (5)(b), (f), (h) and (i); and

(5) If a landlord requires a prospective purchaser to submit an application for occupancy as a tenant under subsection (4) of this section, at the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510. The terms of the statement, rental agreement and rules and regulations need not be the same as those in the selling tenant's statement, rental agreement and rules and regulations.

(6) The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (4) of this section:

(a) The landlord is subject to subsection (7) of this section if the landlord does not accept or reject the prospective purchaser's application within 20 days of receipt or within a longer time period to which the landlord and prospective purchaser agree.

(b) The landlord, for cause as specified in ORS 90.510 (5)(h), may reject the prospective purchaser as a tenant. Except as provided in paragraph (c) of this subsection, the landlord shall furnish to the seller and purchaser a written statement of the reasons for the rejection.

(c) If a rejection under paragraph (b) of this subsection is based upon a consumer report, as defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit Reporting Act, the landlord shall not disclose the contents of the report to anyone other than the purchaser. The landlord shall disclose to the seller in writing that the rejection is based upon information contained within a consumer report and that the landlord cannot disclose the information within the report.

(7) The following apply if a landlord does not require a prospective purchaser to submit an application for occupancy as a tenant under subsection (4) of this section or if the landlord does not accept or reject the prospective purchaser as a tenant within the time required under subsection (6) of this section:

(b) The prospective purchaser, upon completion of the sale, may occupy the dwelling or home as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and

(8) A landlord shall not, because of the age, size, style or original construction material of the dwelling or home or because the dwelling or home was built prior to adoption of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with the standards of that Act in effect at that time or in compliance with the state building code as defined in ORS 455.010:

(a) Reject an application for tenancy from a prospective purchaser of an existing dwelling or home on a rented space within a facility; or

(b) Require a prospective purchaser of an existing dwelling or home on a rented space within a facility to remove the dwelling or home from the rented space.

(9) A tenant who has received a notice pursuant to section 4, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088), [of this 1999 Act] has the right to sell the tenant's dwelling or home in compliance with this section during the notice period. The tenant shall provide a prospective purchaser with a copy of any outstanding notice given pursuant to section 4, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088), [of this 1999 Act] prior to a sale. The landlord may also give any prospective purchaser a copy of any such notice. The landlord may require as a condition of tenancy that a prospective purchaser who desires to leave the dwelling or home on the rented space and become a tenant must comply with the notice within the notice period consistent with section 4, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088) [of this 1999 Act]. If the tenancy has been terminated pursuant to section 4, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088) [of this 1999 Act], or the notice period provided in section 4, chapter 676, Oregon Laws 1999 (Enrolled Senate Bill 1088), [of this 1999 Act] has expired without a correction of cause or extension of time to correct, a prospective purchaser does not have a right to leave the dwelling or home on the rented space and become a tenant.

(10) Except as provided by subsection (9) of this section, after a tenancy has ended and during the period provided by ORS 90.675 (6) and (8), a former tenant retains the right to sell the tenant's dwelling or home to a purchaser who wishes to leave the dwelling or home on the rented space and become a tenant as provided by this section, if the former tenant makes timely periodic payment of all storage charges as provided by ORS 90.675 (7)(b), maintains the dwelling or home and the rented space on which it is stored and enters the premises only with the written permission of the landlord. Payment of the storage charges or maintenance of the dwelling or home and the space does not create or reinstate a tenancy or create a waiver pursuant to ORS 90.415. A former tenant has no right to enter the premises without the written permission of the landlord, including entry to maintain the dwelling or home or the space or to facilitate a sale.

Approved by the Governor July 21, 1999

Filed in the office of Secretary of State July 21, 1999

Effective date October 23, 1999

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