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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 7

MANUFACTURED DWELLING PARK

Registration and Education

813-007-0005

General Purpose

OAR chapter 813, division 007 is adopted to implement section 9, chapter 816, Oregon Laws 2009, and sections 2, 3 and 4, chapter 619, Oregon Laws 2005, as amended by sections 10 to 12, chapter 816, Oregon Laws 2009, and sections 19, and 21, chapter 503, Oregon Laws 2011 for the purpose of regulating manufactured dwelling parks. These rules pertain to:

(1) Manufactured dwelling park advisory committee.

(2) Annual registration procedures.

(3) Annual registration charges.

(4) Annual registration notification reminders.

(5) Annual registration changes.

(6) Manufactured dwelling park continuing education requirements.

(7) Continuing education notification reminders.

(8) Approval of statewide nonprofit trade association trainers.

(9) Civil penalty assessment for noncompliance.

(10) Liens for noncompliance.

(11) Contested case hearings.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4, 2009 OL Ch. 816, Sec. 9 & 2011 OL Ch. 503, Sec. 21
Stats. Implemented: 2009 OL Ch. 816 & 2011 OL Ch. 503
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10; OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13; OHCS 17-2013, f. & cert. ef. 9-4-13

813-007-0010

Definitions

(1) Words and terms used in OAR chapter 813, division 007 are consistent with the words and terms used in 2005 Oregon Laws chapter 619 sections 2, 3 and 4 as amended by 2009 Oregon Laws chapter 816 and, except with regard to the definition of “manage” in subsection (2) of this section, ORS Chapter 90.

(2) In relation to these rules and 2005 Oregon Laws chapter 619 sections 2, 3 and 4 and 2009 Oregon Laws chapter 816, “manage” means the act of exercising administrative and supervisory direction over the operations of a manufactured dwelling park and the residents who reside therein; including but not limited to the ability to enter rental agreements, to apply the park rules and the law to the residents and to give or receive notices to the residents. Doing repair or passing information from residents to the owner and back does not constitute managing.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0015

Manufactured Dwelling Park Advisory Committee

(1) The department will appoint an advisory committee to advise the department in drafting the rules required by 2009 Oregon Laws chapter 816 and to assist the department in implementing and administering the duties of the department regarding the registration and continuing education requirements established in 2005 Oregon Laws chapter 619, sections 2 and 3.

(2) 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.

(3) Committee members shall serve on a voluntary basis without compensation for time, travel, or other expenses.

(4) The department will chair the committee, determine the number of committee members, provide administrative support to the committee as the department deems appropriate, and has the right to add or remove committee members as the department deems appropriate subject to 813-007-0015(2).

(5) An advisory committee meeting will be held at least once annually. The department may allow committee members to attend meetings via conference call as the department deems appropriate.

(6) The advisory committee will review the penalties and charges described in 813-007-0060 and their application and provide recommendations to the department.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0020

Annual Registration Procedures

(1) Every landlord of a manufactured dwelling park shall register annually in writing with the Housing and Community Services Department.

(2) The department will develop appropriate forms and instructions for this registration and will make this information available to manufactured dwelling park landlords through the department’s website or as the department otherwise deems appropriate.

(3) Registration required by the department will include but not necessarily be limited to the following information:

(a) The name and business mailing address of the manufactured dwelling park landlord and of any person authorized to manage the premises of the park.

(b) The name of the park.

(c) The physical address of the park, and, if different from the physical address, the mailing address.

(d) The telephone number of the park.

(e) The total number of spaces in the park.

(4) The manufactured dwelling park landlord shall file an annual registration satisfactory to the department and along with that registration pay a $25 registration charge to the department for each park owned or managed by the manufactured dwelling park landlord per the process identified in 813-007-0025.

(5) The landlord of a new manufactured dwelling park shall register with the department and pay the registration charge identified in subsection (4) of this section no later than 60 days after the opening of the park.

(6) Each manufactured dwelling park landlord shall submit complete and accurate manufactured dwelling park registration(s) and accompanying registration charge(s) for their park(s) to the department by January 1st of each year.

(7) Manufactured dwelling park landlords shall submit registrations in written form, unless the department provides additional means of registration through the department’s website.

(8) If a manufactured dwelling park landlord submits the registration in written form, the registration shall be sent to:

Oregon Housing and Community Services

North Mall Office Building

Cashier -- MCRC Registration

725 Summer Street NE, Suite B

Salem, Oregon 97301

or other such address as the department may designate on its website.

(9) If the department provides a means of registration through the department’s website, and if a manufactured dwelling park landlord chooses to register through this means, the manufactured dwelling park landlord must complete all of the required forms and submit all of the required information as stated on the website, and must submit such information to the department through the channels described on the website to complete the required annual registration.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0025

Annual Registration Charges

(1) The department will charge the manufactured dwelling park landlord a registration charge of $25 for each manufactured dwelling park owned or managed by the manufactured dwelling park landlord. This charge is due to the department on January 1st of each year along with the manufactured dwelling park registration.

(2) The manufactured dwelling park landlord shall pay the registration charge through one of the allowed methods specified on the registration form.

(3) Manufactured dwelling park landlords must specify the park or parks to be registered with each payment submitted.

(4) The department may assess additional charges to recover costs or waive charges as it deems appropriate for the submission of changes and corrections to manufactured dwelling park registrations.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0030

Annual Registration Notification Reminders and Confirmation

(1) The department will send a written reminder notice to each manufactured dwelling park landlord that holds a current registration.

(2) Requirements for sending written notice will be met if the department sends a written reminder to the manufactured dwelling park landlord’s address on file with the department, or if the department sends an email notification to the manufactured dwelling park landlord’s email address on file with the department within the timeline specified in 813-007-0030(3).

(3) The department will send the reminder notice to the address or email address in subsection (2) of this section at least 2 weeks before the registration due date.

(4) The department will send confirmation in writing or via electronic notification within 45 days to the manufactured dwelling park landlord for each manufactured dwelling park registration and manufactured dwelling park registration charge received.

(5) Requirements for sending a confirmation notice will be met if the department sends the notice to the manufactured dwelling park landlord’s address on file with the department, or if the department sends an email notification to the manufactured dwelling park landlord’s email address on file with the department within the timeline specified in 813-007-0030(4).

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0035

Deposits to and Uses of Mobile Home Parks Account

(1) The department will deposit moneys from registration charges and penalties collected under this division in the Mobile Home Parks Account established pursuant to ORS 446.533. Notwithstanding 446.533, moneys deposited in the account under this section are continuously appropriated to the department solely for the purpose of implementing and administering the duties of the department under sections 2 and 3, chapter 619 Oregon Laws 2005, and 2009 Oregon Laws chapter 816.

(2) The department will institute such accounting measures as appropriate to differentiate the funds from the registration charges and penalties described in subsection (1) of this section from other funds within the Mobile Home Parks Account. Deposits and interest earnings from the charges in this section will be used for the programs and administration of programs of this section.

(3) The department may use funds from manufactured dwelling park registration charges and penalties as appropriate for the administration of the account and the administration of all aspects of manufactured dwelling park registration including notification, collection, and enforcement.

(4) The department may use funds from manufactured dwelling park registration charges and penalties as appropriate for the administration of continuing education requirements given in Section 3, chapter 619, Oregon Laws 2005.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0040

Manufactured Dwelling Park Continuing Education Requirements

(1) At least one person for each manufactured dwelling park who has authority to manage the premises of the park shall, every two years, complete four hours of continuing education satisfactory to the department relating to the management of manufactured dwelling parks. The training must be completed by personally attending classes and cannot be satisfied by remote, self-study or online training.

(2) The following apply for a person whose continuing education is required:

(a) If there is any manager or owner who lives in the park, the person completing the continuing education must be a manager or owner who lives in the park.

(b) If no manager or owner lives in the park, the person completing the continuing education must be a manager who lives outside the park, or if there is no manager, an owner of the park.

(c) A manager or owner may satisfy the continuing education requirement for more than one park that does not have a manager or owner who lives in the park.

(3) If a person becomes the 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 813-007-0040(4)(d), 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.

(4) The department will ensure that:

(a) Continuing education classes are offered at least once every six months;

(b) Continuing education classes are offered by a statewide nonprofit trade association in Oregon representing manufactured housing interests and approved by the department;

(c) Continuing education classes have at least one-half of the class instruction on one or more of the provisions of ORS Chapter 90, 105.105 to 105.168, fair housing law or other law relating to landlords and tenants;

(d) Continuing education providers provide a certificate of completion to all attendees; and

(e) Continuing education providers provide the department with the following information:

(A) The name and title (owner or manager) of each person who attends a class;

(B) The name of the attendee’s manufactured dwelling park;

(C) The city or county in which the attendee’s park is located;

(D) The date of the class; and

(E) The names of the persons who taught the class.

(5) The department, a trade association or instructor is not responsible for the conduct of a manufactured dwelling park 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.

(6) The owner of a manufactured dwelling park is responsible for ensuring compliance with the continuing education requirements in this section.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4, 2009 OL Ch. 816 & 2011 OL Ch. 503, Sec. 19
Stats. Implemented: 2009 OL Ch. 816, 2011 OL Ch. 503 & 2011 OL Ch. 503, Sec. 19
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10; OHCS 2-2013(Temp), f. & cert. ef. 3-21-13 thru 9-17-13; OHCS 17-2013, f. & cert. ef. 9-4-13

813-007-0045

Continuing Education Notification Reminders

(1) The department will 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.

(2) Requirements for sending written notice will be met if the department sends a written reminder to the address on file with the department, or if the department sends an email notification to the email address on file with the department within the timelines specified in 813-007-0045(3).

(3) The department will send a reminder to each manufactured dwelling park landlord at least 1 month before the due date of the required continuing education.

(4) The department shall make information available, as the department deems appropriate, regarding:

(a) The schedule of upcoming continuing education classes available; and

(b) Contact information for those nonprofit trade associations authorized to provide manufactured dwelling park continuing education training.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0050

Approval of Statewide Nonprofit Trade Association Trainers

(1) The department will designate the nonprofit trade associations that are approved to provide the required manufactured dwelling park continuing education class instruction. Instruction from a non-approved provider does not satisfy the continuing education requirements of this chapter.

(2) The department will develop a nonprofit trade association manufactured dwelling park landlord trainer application for those associations that wish to be authorized to provide continuing education instruction. Associations pursuing authorization must submit the manufactured dwelling park landlord trainer application through the department website or by sending the application to:

Manufactured Communities Resource Center

Continuing Education Trainer Application

Oregon Housing and Community Services

725 Summer Street NE, Suite B

Salem, Oregon 97301

or other such address as the department may designate on its website.

(3) The manufactured dwelling park landlord trainer application will require various information from the nonprofit trade association including but not limited to:

(a) Current articles of incorporation for the organization, showing the organization is currently a statewide non-profit trade association.

(b) Documentation demonstrating that the organization represents manufactured housing interests.

(c) A copy of the outline or topic areas the organization anticipates it will be using for the training. Statute requires that at least half of the training cover ORS Chapters 90, and 105.105 to 105.168, as well as fair housing and other related law.

(d) A schedule of the anticipated training dates.

(e) A plan for providing a record of certificates of completion to the department.

(f) Documentation that demonstrates the organization's qualifications to deliver training of this type, especially regarding issues related to manufactured housing and/or fair housing.

(g) A plan to notify the training attendees of the limitation of liability contained in 2005 Oregon Laws chapter 619 section 3 (4).

(4) The department will provide notification to nonprofit trade associations and respective trainers the department authorizes to provide manufactured dwelling park continuing education training. The notification will specify the duration of the authorization.

(5) The department will monitor the nonprofit trade association to ensure compliance with the rules of 813-007.

(6) Nonprofit trade associations approved to provide the training described in this chapter shall make records available to the department and shall allow department personnel to attend any of its training sessions at no cost in accordance with the monitoring outlined in 813-007-0050(5).

(7) The department may revoke the authorization of an approved association at any time if in the department’s view an association is not fulfilling its training obligations, is providing false information on the application, or is no longer meeting the qualification criteria and requirements of this section. The department will provide notice of a prospective revocation including the reasons for the revocation. The department will provide an opportunity for the association to respond to the revocation notice.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0057

Civil Penalty Schedule

(1) This rule governs the application of a civil penalty under section 4, chapter 619, Oregon Laws 2005, as amended by section 12, chapter 819, Oregon Laws 2009. A landlord or owner is subject to a civil penalty for each act of noncompliance, according to the following schedule of penalties:

(a) Failure to register and to pay registration fee: an amount not to exceed $1,000

(b) Failure to register only: an amount not to exceed $500.

(c) Failure to pay registration fee only: an amount not to exceed $500.

(d) Late submission of a registration or submission of an incomplete or inaccurate registration: an amount not to exceed $300.

(e) Late submission of registration fee or submission of less than the full amount of the registration fee: an amount not to exceed $300.

(f) Failure to satisfy continuing education requirements: an amount not to exceed $1,000.

(2) When the Department notifies a landlord or owner of the Department’s intention to impose a civil penalty, the Department may provide for one or more of the following in the notice as the Department determines to be appropriate for facilitating a just resolution of the matter and for furthering the interests of the Department:

(a) That the Department may toll the time provided for the landlord’s or owner’s response to the notice.

(b) That if the landlord or owner requests a hearing, the Department may toll the date of the hearing if the landlord or owner requests an opportunity to discuss and resolve the matter.

(c) That the Department may toll the effective date of the final order.

(3) When an Administrative Law Judge hears a proposed civil penalty, the Department retains authority to modify the order of the Administrative Law Judge and to issue the final order in the matter.

(4) A civil penalty assessed against a landlord or owner is subject to modification by the Department before the date on which the order becomes final if the Department determines that mitigating circumstances justify the modification. Mitigating circumstances that the Department may consider include but are not limited to the following:

(a) The intent of the landlord or owner regarding the noncompliance;

(b) Good faith efforts by the landlord or owner to subsequently comply in the matter or to otherwise modify behavior;

(c) The degree of harm arising from the noncompliance;

(d) The hardship on the landlord or owner, relating to the landlord’s or owner’s ability to pay the civil penalty;

(e) The requirements of justice in the particular case; and

(f) Considerations of appropriate consistency in treating incidences of noncompliance.

(5) An order in a civil penalty that becomes final is subject to modification by the Department for correction of errors in the order or for amendment in the event of further negotiations between the Department and the landlord or owner.

Stat. Auth.: Sec. 9, ch. 816, OL 2009
Stats. Implemented: Sec. 4, ch. 619, OL 2005, as amended by sec. 12, ch. 816, OL 2009
Hist.: OHCS 14-2010(Temp), f. & cert. ef. 9-23-10 thru 3-21-11; OHCS 5-2011, f. & cert. ef. 3-21-11

813-007-0065

Liens for Noncompliance

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 the effect provided for in ORS 205.125 and 205.126 and the order may be enforced as provided in 205.125 and 205.126.

Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL Ch. 816
Stats. Implemented: 2009 OL Ch. 816
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

813-007-0070

Waiver

The Department may waive or modify any requirements of these rules upon a determination by it of good cause in order to promote the best interests of the program or of the department, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat Auth: ORS 456.515 - 456.725
Stats. Implemented: ORS 456.515 - 456.725
Hist.: OHCS 1-2010, f. & cert. ef. 1-7-10

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