ORS 316.090
Credit for manufactured dwelling park closure
(1)
As used in this section:(a)
“Household” means the taxpayer, the spouse of the taxpayer and all other persons residing in the manufactured dwelling during any part of the calendar year for which a credit is claimed.(b)
“Manufactured dwelling” has the meaning given that term in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227).(c)
“Manufactured dwelling park” means a place within this state where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.(d)
“Rental agreement” means a contract under which an individual rents space in a manufactured dwelling park for siting a manufactured dwelling.(2)
A credit of $5,000 against the taxes otherwise due under this chapter is allowed to an individual who:(a)
Rents space in a manufactured dwelling park for a manufactured dwelling that is owned and occupied by the individual as the individual’s principal residence on the date that the landlord delivers notice that the park, or a portion of the park, is being closed and the rental agreement for the space is being terminated by the landlord or because of the exercise of eminent domain, by order of a federal, state or local agency; and(b)
Ends tenancy at the manufactured dwelling park site in response to the delivered notice described in paragraph (a) of this subsection.(3)
For purposes of subsection (2) of this section:(a)
Tenancy by the individual at the manufactured dwelling park site ends on the last day that a member of the individual’s household occupies the manufactured dwelling at the manufactured dwelling park site; and(b)
Tenancy by the individual at the manufactured dwelling park site does not end if the manufactured dwelling park is converted to a subdivision under ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) and the individual buys a space or lot in the subdivision or sells the manufactured dwelling to a person who buys a space or lot in the subdivision.(4)
Notwithstanding subsection (2) of this section, if the manufactured dwelling park, or a portion of the park, is being closed and the rental agreement of the individual is being terminated because of the exercise of eminent domain, the credit amount allowed to the individual is the amount described in subsection (2) of this section, reduced by any amount that was paid to the individual as compensation for the exercise of eminent domain.(5)
An individual may not claim more than one credit under this section for tenancies ended during the tax year.(6)
If, for the year in which the individual ends the tenancy at the manufactured dwelling park, the amount of the credit allowed by this section, when added to the sum of the amounts allowable as payment of tax under ORS 316.187 (Amount withheld is in payment of employee’s tax) and 316.583 (Effect of payment of estimated tax or installment) plus other tax prepayment amounts and other refundable credit amounts, exceeds the taxes imposed by this chapter or ORS chapter 314 for the tax year, reduced by any nonrefundable credits allowable for purposes of this chapter for the tax year, the amount of the excess shall be refunded to the individual as provided in ORS 316.502 (Distribution of revenue to General Fund).(7)
If more than one individual in a household qualifies under this section to claim the tax credit, the qualifying individuals may each claim a share of the available credit that is in proportion to their respective gross incomes for the tax year. [2007 c.906 §17; 2015 c.348 §17; 2019 c.579 §25]
Source:
Section 316.090 — Credit for manufactured dwelling park closure, https://www.oregonlegislature.gov/bills_laws/ors/ors316.html.
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