Four major items were discussed: Representative Keny-Guyer and Senator Propanski Tenant Bill Workgroup Results, Our 2019 Bill Schedule, Dispute Resolution and Marina Issues Subcommittee Next Steps
I. Representative Keny-Guyer and Senator Propanski Workgroup on Tenant Issues for a 2019 bill
Representative Keny-Guyer and Senator Prozanski held a workgroup in August to discuss issues they want to continue to work through in order to propose a bill for the 2019 legislative session. These landlord-tenant issues (which are separate from the MH Coalition bill that we are proposing) are as follows:
- ORS 90.680 – There is interest in reducing the number of days a landlord has to accept or reject a new tenant application from 10 days to 7 days. This helps current tenants and prospective floating home buyers by reducing the time it takes a marina to accept the purchase of their floating home as a tenant. Recall that no floating home purchase can be completed without the landlord approving a prospective tenant, if the home is to remain in its current location.
- ORS 90.555 – They are considering making the subleasing of a floating home reciprocal. If a landlord subleases floating homes in their marina, then they must allow a tenant to do the same when seeking a buyer for their home. The rationale is that slip rent is still due even if the tenant has vacated the home and the home is on the market. Without the ability to rent the home, it can be a financial burden on a home owner.
- ORS 90.525 – There has been confusion as to whether or not ORS 90.525 allows a tenant to select any realtor they choose to sell their home. Some landlords have stated that tenants can only use the realtors that the marina owner authorizes -this is prohibited by ORS. The thought here is to make it very clear that tenants can choose any real estate broker they want.
- ORS 90.303 – There is interest in amending ORS 90.303 to disallow marijuana convictions as grounds for denying someone tenancy during prospective tenant screening criteria to make the law consistent with Oregon’s legalization of marijuana.
- There is interest in requiring OHCS to prepare an outline of Oregon tenant laws and rights regarding sales and to require landlords to distribute this to current and prospective tenants. This would be a great thing for tenants, considering most of us did not know laws existed to protect us until this year.
- Addressing title fraud for manufactured houses, either by a selling landlord or a selling tenant.
- Other possible issues: Statue of Limitations (ORS 12.125), elder abuse, and Enforcement of Landlord Tenant law (the same issues that our MH Coalition has been working through for the last year).
That workgroup will continue to work through these topics – it is assumed that they will try to request a Judiciary Committee bill to address these issues. Our MH Coalition will have a chance to review and comment on their bill, but it will not be an MH Coaltion bill.
II. Deadline for our 2019 Bill Topic Submission
The MH Coalition is proposing a bill for the 2019 legislative session. The deadline for topic submission was September 28th and we submitted the following topics as part of our 2019 Landlord Tenant Bill
- Renewing a sunset for the Capital Gains tax break for MH Park owners who sell their parks to tenants (It is possible that floating home owners & marina owners may gain access to this benefit in 2019, so it is good that this recommended extension will be part of our bill.
- Renewing the sunset on the $5,000 tax credit for tenant displacement due to MH Park closure.
- Dispute Resolution for MH Parks and floating home marinas
- Termination/Eviction for nonpayment of fees – There will be some work on which broken marina rules can cause a landlord to evict a tenant and also, now, landlords want to be able to evict tenants for nonpayment of fees.
- Sub metering of utilities
- Marina Issues – Increasing some of the floating home owner tenant protections up to the level that MH park tenants enjoy as well as a few concessions for marina owners.
III. Dispute Resolution
Discussion continued again on the issue of Dispute Resolution. The current thinking on the topic follows:
- Tenant against landlord disputes – mandatory mediation required – landlord required to show up and mediate “in good faith” with mediator and tenant. Landlord must listen to tenant but does not mean that landlord will agree with tenant. This service is free.
- Tenant against tenant complaints – mediation can be requested, but there is no agreement that a landlord can attempt mandatory mediation enforcement by using an eviction notice.
- Landlord against tenant complaints – landlords already have the eviction tool to get tenants to listen to them. They do not need mandatory mediation. Yet, it is good practice for a landlord to talk to a tenant in good standing about issues, rather than just send an eviction notice.
- Some issues will be excluded from mediation – rents raises, marina closure, etc.
- Some issues will be too difficult for mediators and will require litigation. In these cases, we may see if the Department of Justice can help out tenants.
Considerations still to be debated:
- Should we apply a sunset to this – meaning that whatever we try, will expire in 2 years in case it isn’t resolving the issues.
- Process
- Should the first step be to make a complaint with the MCRC?
- Should the second step that the tenant should write a letter to the landlord to let them know there is a dispute?
- Intake process could eliminate ones where the law is clearly stated or the tenant is simply on the wrong side of the claim?
- What are the penalties for not participating in mediation?________________________________________
IV. Marina Issues Next Steps
And finally, at the close of this meeting, there was a brief pow-wow of stakeholders to discuss the marina issues topics. The facilitators wanted verification from marina tenants and owners that we have consensus enough on the major topics we’ve been discussing that we could have a final Marina Issues Subcommittee meeting and, then, from that, walk away with agreement on draft bill language. We discussed several topics and noted a few areas of disagreement still that we all need to be diligent in resolving between now and the next meeting. Expect another blog post coming shortly with more detail. In the meantime, please put these 2 dates on your floating home owner calendars:
- Monday, October 22, 2018: 6-9p in St Johns – Floating Home Owner – tenant ONLY meeting. We will use this time to make final decisions about what we can and cannot live without in our bill. Details to follow and will also be posted on the events page.
- Wednesday, October 31, 2018: 2-5p in Tigard – Marina Issues Subcommittee meeting – for Floating Home Owners and Marina Owners. Marina Owners and Floating Home Owners will review DRAFT bill language and we will have the chance to make any final adjustments to what we want and what we are willing to give. Details to follow and will also be posted on the events page.
Rally rally rally – October is an important month for Floating Home Owner rights and the future of our 2019 bill!! Hope to see you all.