Oregon Bulletin
Rule
Caption: Landlord Notice Requirements to
Tenants When a Manufactured Dwelling Park or Marina is Closed
Adm.
Order No.: OHCS 7-2011
Filed with Sec. of
State: 8-26-2011
Certified to be
Effective: 8-26-11
Notice Publication
Date: 6-1-2011
Rules Adopted: 813-065-0120, 813-065-0130, 813-065-0140, 813-065-0150,
813-065-0200, 813-065-0210, 813-065-0220, 813-065-0230, 813-065-0240
Rules Repealed: 813-008-0010, 813-008-0020, 813-008-0025,
813-008-0030, 813-008-0040, 813-065-0120(T), 813-065-0130(T), 813-065-0140(T),
813-065-0150(T), 813-065-0210(T), 813-065-0220(T), 813-065-0230(T),
813-065-0240(T)
Rules Ren. &
Amend: 813-008-0005 to 813-065-0100,
813-008-0015 to 813-065-0110
Subject: 813-065-0100 through 813-065-0150 This set of rules
includes new and amended notice requirements of landlords to tenants when a
manufactured dwelling park is closed.
813-065-0200
through 813-065-0210 These are new rules that provide the notice requirements
of landlords to tenants when a marina is closed.
Rules Coordinator: Sandy McDonnell—(503) 986-2012
813-065-0100
Purpose
OAR 813-065-0100 to 813-065-0150 are adopted for the
purpose of carrying out the statutory requirements for notices that landlords
of manufactured dwelling parks must give to tenants when a park is closed, under
ORS 90.645, 90.650, 90.655 and 446.543.
Stat. Auth.: ORS 90.650 &
446.543
Stats. Implemented: ORS 90.645,
90.650 & 446.543
Hist.: HSG 4-1988, f. & ef.
10-19-88; HSG 7-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. &
cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; HSG 2-1997, f. &
cert. ef. 10-6-97; OHCS 17-2002, f. & cert. ef. 12-5-02; Renumbered from
813-008-0005 by OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11; OHCS
7-2011, f. & cert. ef. 8-26-11
813-065-0110
Park Closure Notice When Closure
Not Required by Eminent Domain or Government Order
(1) When a manufactured dwelling park, or a portion of
the park that includes the space for a manufactured dwelling, is to be closed
under ORS 90.645(1) or (2), the landlord of the park shall provide at least the
following information to the tenants of the park or the affected portion of the
park, as applicable:
(a) The information required by ORS 90.645(3);
(b) The landlord’s or representative agent’s address
for contact and communications;
(c) The actions and activities the landlord plans to
take in the facility closure that may affect the facility tenants;
(d) The tenant’s rights under ORS 90.645 for a 365-day
closure notice including:
(A) A statement of the amount that the landlord is
required to pay the tenant for each space for which a rental agreement is
terminated;
(B) A notice that the landlord is not required to make
the payment under ORS 90.645(1) unless the tenant gives the landlord not less
than 30 days’ and not more than 60 days’ written notice of the date within the
365-day period on which the tenant will cease tenancy;
(C) A statement that if the manufactured dwelling is
abandoned, the landlord may condition the payment upon waiver by the tenant
under ORS 90.645(5) and may not charge the tenant to store, sell or dispose of
the abandoned manufactured dwelling; and
(D) A statement of the rights of the landlord and the
tenant under ORS 90.645(6), (7) and (8);
(e) The tenant’s rights under ORS 90.645 for a 180- day
closure notice, if applicable, including:
(A) A statement of the amount that the landlord is
required to pay the tenant for each space for which a rental agreement is
terminated and a statement that if the circumstances eliminating the payment
obligation under ORS 90.645(2) apply, the landlord is not required to make the
payment; and
(B) A notice that the landlord is not required to make
the payment under ORS 90.645(1) unless the tenant gives the landlord not less
than 30 days and not more than 60 days written notice of the date within the
365 day period on which the tenant will cease tenancy;
(C) A statement that if the manufactured dwelling is
abandoned, the landlord may condition the payment upon waiver by the tenant
under ORS 90.645(5) and may not charge the tenant to store, sell or dispose of
the abandoned manufactured dwelling; and
(D) A statement of the rights of the landlord and the
tenant under ORS 90.645(6), (7) and (8); and
(f) A copy of ORS 90.645 and the definitions in ORS
90.100 for “landlord,” “manufactured dwelling,” ‘manufactured dwelling park,”
“month-to-month tenancy,” “rental agreement,” and “tenant”
(2) A landlord shall deliver the notice to which this
rule applies either personally or by first class mail, as “first class mail” is
defined in ORS 90.100, to each affected tenant. A landlord shall deliver the
notice so that the tenant receives the notice not later than the 365th day or
the 180th day, as applicable, before the date designated in the notice for
termination. The notice shall be delivered to the tenant at the address
specified in the lease or rental agreement between the tenant and the landlord.
In any sublet unit, the notice shall be delivered to the tenant at the tenant’s
current address and to the subtenant in possession. If the tenant’s address is
unknown and not reasonably discoverable, the notice for the tenant shall be
delivered to the subtenant with written instructions to forward it to the
tenant. Failure of the subtenant to deliver the notice to the tenant does not
limit the landlord’s right to terminate the rental agreement because of
facility closure.
(3) For the notice of the closure of a manufactured
dwelling park or part of a park that the landlord of the park must give tenants
under ORS 90.645(3), the Office of Manufactured Dwelling Park Community
Relations establishes the sample form designated for the notice on the
department’s website under the Community Service connection. The sample form is
also available upon request from the department.
Stat. Auth.: ORS 90.650 &
446.543
Stats. Implemented: ORS 90.645,
90.650 & 446.543
Hist.: HSG 4-1988, f. & ef.
10-19-88; HSG 7-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. &
cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; HSG 2-1997, f. &
cert. ef. 10-6-97; OHCS 17-2002, f. & cert. ef. 12-5-02; Renumbered from
813-008-0015 by OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11; OHCS
7-2011, f. & cert. ef. 8-26-11
813-065-0120
Park Closure Notice When Closure
is Required by Eminent Domain or Government Order
(1) When a manufactured dwelling park or a portion of
the park that includes the space for a manufactured dwelling is to be closed
under ORS 90.645(9), the landlord of the park shall provide at least the
following information to the tenants of the park or the affected portion of the
park, as applicable:
(a) The information required by ORS 90.645(9);
(b) The landlord’s or representative agent’s address
for contact and communications;
(c) The actions and activities the landlord plans to
take in the facility closure that may affect the facility tenants;
(d) A copy of ORS 90.645 and of this OAR chapter 813,
division 008, and the definitions in ORS 90.100 for “landlord,” “manufactured
dwelling,” “manufactured dwelling park,” month to month tenancy,” “rental
agreement” and “tenant”; and
(2) When the federal, state or local law or order that
requires closure or partial closure of a manufactured dwelling park under ORS
90.645(9) is known by the landlord to provide greater rights or protections for
a tenant than are provided by ORS 90.645(9), including government relocation
benefits, the landlord shall do the following:
(a) Modify the notice required to be furnished to
tenants by section (1) of this rule so that the notice explains the greater
rights or protections and retains material that is otherwise required and
applicable, or give the notice required under the federal, state or local law
and include all material in the notice required by section (1) of this rule
that remains applicable; and
(b) Include with the notice a copy of the applicable
law or order.
(3) A landlord shall deliver the notice to which this
rule applies either personally or by first class mail, as “first class mail” is
defined in ORS 90.100, to each affected tenant. A landlord shall deliver the
notice so as to ensure that the tenant is given the full 15 days’ notice. The
notice shall be delivered to the tenant at the address specified in the lease
or rental agreement between the tenant and the landlord. In any sublet unit,
the notice shall be delivered to the tenant at the tenant’s current address and
to the subtenant in possession. If the tenant’s address is unknown and not
reasonably discoverable, the notice for the tenant shall be delivered to the
subtenant with written instructions to forward it to the tenant. Failure of the
subtenant to deliver the notice to the tenant does not limit the landlord’s
right to terminate the rental agreement because of facility closure.
(4) For the notice of closure of a manufactured
dwelling park or part of a park that the landlord of the park must give tenants
under ORS 90.645(9), the Office of Manufactured Dwelling Park Community
Relations establishes the sample form designated for the notice on the
Department’s website under the Community Service Division connection. The
sample form is also available upon request from the Department.
Stat. Auth. ORS 446.543
Stats. Implemented. ORS 90.645,
90.650 & 446.543
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0130
Park Closure Notice When Local
Laws are More Stringent
When an ordinance, rule or other local law regulating
manufactured dwelling park closures or partial closures adopted by a local
government continues to apply to a manufactured dwelling park under ORS 90.660,
if the local law provides greater rights or protections for a tenant than are
provided by ORS 90.645, the landlord shall do the following:
(1) Modify the notice required to be furnished to
tenants by ORS 90.645 and either OAR 813-065-0110 or 813-065-0120 as
applicable, so that the notice explains the greater rights or protections under
the local law and retains material that is otherwise required and applicable,
or give the notice required under the local law and include all material in the
notice required by section (1) of this rule that remains applicable.
(2) Include with the notice a copy of the local law
that applies.
Stat. Auth.: ORS 90.650 &
446.543
Stats. Implemented: ORS 90.645,
90.650 & 446.543
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0140
Copy of Park Closure Notice to
Department; Tenant Contacts
When a landlord gives notice of closure of a
manufactured dwelling park to tenants of the park as required by OAR
813-065-0110, 813-065-0120 or 813-065-0130, the landlord shall also furnish all
of the following to the Department:
(1) A copy of the entire notice given to the tenants.
The copy must include copies of any accompanying statutes, rules and local
laws, except that instead of the statutes and rules, the landlord may provide
specific statute and rule number citations. If the landlord gives notices with
differing content to different categories of tenants, the landlord shall
furnish to the Department a copy of each such notice given. If local laws apply
under OAR 813-008-0130, the landlord shall also furnish a copy of the
applicable local laws.
(2) A list of the names of all tenants to whom the
landlord gave the notice, with contact information for each tenant that
includes the tenant’s address, space number and phone number.
Stat. Auth.: ORS 90.650 &
446.543
Stats. Implemented: ORS 90.645,
90.650 & 446.543
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0150
Notice of Tax Credit Eligibility Upon
Closure of Park; Sample Form
For the notice of tax credit and right to appeal that a
landlord of a manufactured dwelling park is required by ORS 90.650 to give to a
tenant when a manufactured dwelling park is closed, the Office of Manufactured
Dwelling Park Community Relations establishes the sample form designated for
the notice on the Department’s website. The sample form is also available upon
request from the Department.
Stat. Auth. ORS 90.650
Stats. Implemented ORS 90.645
& 90.650
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0200
General Purpose
OAR 813-065-0200 to 813-065-0240 are adopted for the
purpose of carrying out the requirements of ORS 90.671 for notices that
landlords of marinas must give to tenants when a marina is closed.
Stat. Auth.: ORS 90.671
Stats. Implemented: ORS 90.671
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0210
Closure Notice of Marina
(1) When a landlord is required by ORS 90.671(1) to
give a tenant written notice of termination of a rental agreement because the
marina or portion of a marina is closing and the land or leasehold is being
converted to a different use, the landlord shall provide at least the following
information in the notice:
(a) The landlord’s or representative agent’s address
for contact and communications;
(b) The firm date set for the closure of the marina or
of the relevant portion of the marina;
(c) The actions and activities the landlord plans to
take in the closure that may affect the marina tenants;
(d) The landlord’s obligations under ORS 90.671;
(e) The tenant’s rights for a 365-day closure notice or
180-day closure notice, as applicable, including the right, if any, for payment
of moving expenses under OAR 813-065-0240 and the eligible moving expenses
described in OAR 813-065-0230;
(f) The voluntary benefits, if any, to be provided to
the tenant by the landlord or contracted between the parties, together with any
shortened period between notice and termination of the rental agreement arising
therefrom;
(g) A copy of ORS 90.671 and OAR 813-065-0200 to
813-065-0240;
(h) Any definitions of statutory terms used in OAR
813-065-0200 to 813-065-0240, applicable to the tenant’s rights under the
rules; and
(i) A copy of any city or county regulations, laws or
ordinances that apply to tenant interests in closures of marinas and, if the
local regulations, laws or ordinances provide greater rights and protection
than are available under state law, a statement that the tenant may be entitled
to the greater rights and protections and a description of the additional
rights and protections that apply.
(2) When a landlord is required by ORS 90.671(7) to
give a tenant written notice of termination of a rental agreement and the
applicable federal, state or local law or order is known by the landlord to
provide greater rights or protections for a tenant than are provided by ORS
90.671(7), including government relocation benefits, the landlord shall furnish
the tenant a copy of the applicable law or order and:
(a) In the notice required by ORS 90.671(7), shall
include an explanation of the greater rights; or
(b) Instead of the notice required by ORS 90,671(7), if
the federal, state or local law requires a notice of the rights or protections,
shall provide that notice along with all material in the notice required by ORS
90.671(7).
(3) The landlord shall deliver a notice required by ORS
90.671 personally or by first class mail to each affected tenant so that the
tenant receives the notice not later than the applicable required number of
days before the date designated in the notice for termination. The notice must
be delivered to the tenant at the address specified in the lease or rental
agreement between the tenant and the landlord. In any sublet unit, the notice
must be delivered to the tenant at the tenant’s current address and to the
subtenant in possession. If the tenant’s address is unknown and not reasonably
discoverable, the landlord shall deliver the tenant’s copy to the subtenant
with written instructions to forward it to the tenant. Failure of the subtenant
to deliver the copy to the tenant does not limit the landlord’s right to
terminate the rental agreement because of the closure.
Stat. Auth.: ORS 90.671
Stats. Implemented: ORS 90.671
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0220
Alternate Marina Space
(1) The landlord shall notify the tenant, in writing,
of alternate space to which the tenant can move the floating home at least 45
days before delivering a 180-day notice of termination.
(2) The tenant may determine, solely at the judgment
and discretion of the tenant, if the alternate space identified in the notice
given under section (1) of this rule is acceptable and shall notify the
landlord in writing of the tenant’s decision not later than the 20th day after
the tenant receives the notice.
(3) The landlord shall secure the space acceptable to
the tenant from the time of acceptance until the date the relocated floating
home is approved for the tenant’s occupancy. Costs to secure the space for this
period must be included in the landlord-paid moving expenses.
Stat. Auth.: ORS 90.671
Stats. Implemented: ORS 90.671
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0230
Moving and Set Up Expenses
(1) The landlord shall pay or reimburse actual moving
and set-up expenses, as agreed by the landlord and the tenant, for moving the
tenant’s floating home, together with all possessions. Eligible expenses
include, but are not limited to:
(a) Costs for disconnecting and reconnecting utilities,
including fees related thereto;
(b) Costs for disconnecting and reinstalling any awning
or deck;
(c) Any governmental fees relating to moving and
inspecting the floating home;
(d) Costs of moving the floating home;
(e) Set-up charges;
(f) Costs for floating home improvements necessary to
meet destination marina space standards;
(g) Costs for packing and unpacking contents of the
floating home as necessary for relocation of an elderly or disabled person;
(h) Costs for temporary housing and meals for the
tenant during relocation and set up; and
(i) Landlord expenses to secure the relocation space
from the time of tenant acceptance until the date the relocated floating home
is approved for occupancy.
(2) This rule does not require a landlord to pay an
amount of moving and set-up expenses that exceeds actual costs or $3,500,
whichever is less, unless the landlord otherwise agrees.
Stat. Auth.: ORS 90.671
Stats. Implemented: ORS 90.671
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
813-065-0240
Payment of Expenses
(1) The tenant and landlord shall agree in writing upon
the moving and set-up method and the source of services to be provided for the
method not less than the 20th day before the tenant’s required moving date.
(2) The landlord shall timely pay unpaid billings
directly to the vendor and shall reimburse the tenant for appropriate expenses
paid directly by the tenant if the tenant submits billings or paid receipts for
the expenses within ten days after receiving the billings or receipts. The
landlord shall reimburse the tenant not later than the 20th day after the
tenant submits the billings or receipts.
(3) The landlord may contract directly with vendors for
the tenant’s move if the services are mutually agreed upon in writing by the
landlord and tenant and are performed by appropriately registered or licensed
and bonded personnel.
(4) If the landlord and tenant do not reach an
agreement in a timely manner prior to the tenant’s required moving date, the
landlord shall timely reimburse the tenant for appropriate moving and set-up expenses
consistent with this rule.
Stat. Auth.: ORS 90.671
Stats. Implemented: ORS 90.671
Hist.: OHCS 4-2011(Temp), f. &
cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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