OAR 137-020-0565
Landlord’s Written Site Improvement Disclosure Statement

(1)

Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park under ORS 90.510 (Statement of policy)(4), the landlord must provide the prospective tenant with a written statement that discloses the improvements that the park will require under the rental agreement, pursuant to 90.510 (Statement of policy)(5). This statement is called the “site improvement disclosure statement.” The site improvement disclosure statement shall be attached as an exhibit to the rental agreement. The statement must be in a form that complies with this rule. The disclosures required by this rule shall be clear and conspicuous, and shall include at least the following:

(a)

A notice that the tenant has the right to select the provider (contractor) who will make the improvements;
OFFICIAL COMMENTARY: The landlord may not impose any penalty on a prospective tenant related to the selection of any particular provider. However, the landlord may impose reasonable restrictions upon the prospective tenant in selecting the provider under ORS 90.525 (Unreasonable conditions of rental or occupancy prohibited).

(b)

A statement that separately identifies each required improvement and specifies:

(A)

The dimensions, major structural materials and finish to be used. The landlord may provide a set of plans or specifications to satisfy this requirement;
OFFICIAL COMMENTARY: For example, the site improvement disclosure statement for a certain park requires a “10’ x 12’ shed.” Unless otherwise stated, the materials and construction need only comply with state and local building and structural codes and zoning standards. If the manufactured dwelling park requires other materials or a particular finish, the site improvement disclosure statement must so state.

(B)

The installation charges imposed by the landlord, if paid to or collected by the landlord. If an installation fee is not disclosed, it is waived by the landlord;

(C)

The installation fees imposed by government agencies, if paid to or collected by the landlord. If the landlord does not collect government fees, the landlord shall advise the prospective tenant whether such fees must be paid and identify the governmental agency to which the fees are paid;

(D)

The systems development charges to be paid by the tenant, if paid to or collected by the landlord. If the landlord does not collect systems development charges, the landlord shall advise the prospective tenant whether such charges must be paid and identify the governmental agency to which the systems development charges are paid; and

(E)

The site preparation requirements and restrictions, including, but not limited to, requirements and restrictions on the use of plants and landscaping; and

(c)

Identification of the improvements that belong to the tenant and the improvements that must remain with the manufactured dwelling park.

(2)

If the landlord fails to disclose to a prospective tenant any required site improvement(s) as required under these rules and ORS 90.510 (Statement of policy):

(a)

That tenant shall not be required to make the non-disclosed site improvement(s) at any time;

(b)

The space is deemed to be in compliance with the manufactured dwelling park’s rules and regulations, statement of policy and rental agreement; and

(c)

The landlord shall not impose any penalty on the prospective tenant for failure to make the non-disclosed site improvement(s).

(3)

The manufactured dwelling park landlord may use the form provided in this rule. If an alternative form is used by the landlord, it must comply with the requirements of this rule and ORS 90.512 (Definitions for ORS 90.514 and 90.518) to 90.518 (Provider statement of estimated cost of improvements).

(4)

Except as provided in ORS 41.740 (Parol evidence rule), the site improvement disclosure statement described in this rule shall contain all of the terms relating to improvements that a prospective tenant must make under the rental agreement. There may be no evidence of the terms of the site improvement disclosure statement other than the contents of the site improvement disclosure statement.

(5)

The site improvement disclosure statement shall contain a notice to the prospective tenant that:

(a)

The site improvement disclosure statement represents the complete and full statement of all the improvements required to be made by the tenant under the rental agreement;

(b)

The site improvement disclosure statement, together with all other terms and conditions of a rental agreement, is a contract between the manufactured dwelling park landlord and the tenant; and

(c)

Any oral promise or other agreement that is not set forth in the site improvement disclosure statement may not be legally enforceable.
OFFICIAL COMMENTARY: The landlord should have the tenant sign or initial the site improvement disclosure statement and retain a signed copy in the landlord’s files. [Form not included. See ED. NOTE.]
[ED. NOTE: Forms referenced are available from the agency.]

Source: Rule 137-020-0565 — Landlord’s Written Site Improvement Disclosure Statement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-020-0565.

137–020–0010
Trade Practices Act 137–020–0015
Misleading Use of “Free” Offers and Rebates 137–020–0020
Motor Vehicle Price and Sales Disclosure 137–020–0025
Mobile Home Consignment 137–020–0030
Updating 137–020–0040
Adoption of FTC Used Car Rule, Federal Truth-in-Lending Act, and Federal Consumer Leasing Law 137–020–0050
Motor Vehicle Advertising 137–020–0100
Plain Language 137–020–0150
Gasoline Price Advertising 137–020–0160
Sales Practices 137–020–0200
Definitions 137–020–0201
Registration 137–020–0202
Filing Information 137–020–0203
Information to Be Provided Each Prospective Purchaser 137–020–0205
Refusal to Issue or Renew Registration 137–020–0250
Loan Brokers and Misleading Activities 137–020–0261
Novel-Infectious-Coronavirus-Related Representations Regarding Health Benefits of Goods 137–020–0300
Unordered Real Estate, Goods, or Services 137–020–0410
Definitions and Exemptions 137–020–0420
Rules of Unique Application to Contests 137–020–0430
Rules of Unique Application to Sweepstakes 137–020–0440
Prohibitions Applicable to All Promotions (Including Schemes, Sweepstakes, and Contest) 137–020–0460
Requests for Removal from Sweepstakes Promotion Mailing List 137–020–0505
Manufactured Dwelling Rules 137–020–0520
Definitions 137–020–0535
Unfair Trade Practices 137–020–0550
Manufactured Dwelling Purchase Agreement 137–020–0565
Landlord’s Written Site Improvement Disclosure Statement 137–020–0600
Misrepresentation of Notarial Powers 137–020–0705
Purpose 137–020–0707
Definitions 137–020–0709
Standards and Guidelines for Mediation 137–020–0711
Mediator Qualifications and Training 137–020–0713
Costs of Participation, Collection of Data 137–020–0800
Definitions 137–020–0805
Unfair and Deceptive Acts in Mortgage Loan Servicing
Last Updated

Jun. 8, 2021

Rule 137-020-0565’s source at or​.us