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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 65

MANUFACTURED DWELLING PARKS AND MARINAS

Manufactured Dwelling Park Closure

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

Closure of Marina

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

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