ORS 90.645
Closure of park
- notices
- payments to tenants
- rules
(1)
Intentionally left blank —Ed.(a)
If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the landlord may terminate a month-to-month or fixed term rental agreement for a manufactured dwelling park space:(A)
By giving the tenant not less than 365 days’ notice in writing before the date designated in the notice for termination; and(B)
By paying a tenant, for each space for which a rental agreement is terminated, one of the following amounts:(i)
$6,000 if the manufactured dwelling is a single-wide dwelling;(ii)
$8,000 if the manufactured dwelling is a double-wide dwelling; or(iii)
$10,000 if the manufactured dwelling is a triple-wide or larger dwelling.(b)
The Housing and Community Services Department shall establish by rule a process to annually recalculate the amounts described in paragraph (a) of this subsection to reflect inflation.(2)
Notwithstanding subsection (1) of this section, if a landlord closes a manufactured dwelling park under this section as a result of converting the park 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), the landlord:(a)
May terminate a rental agreement by giving the tenant not less than 180 days’ notice in writing before the date designated in the notice for termination.(b)
Is not required to make a payment under subsection (1) of this section to a tenant who:(A)
Buys the space or lot on which the tenant’s manufactured dwelling is located and does not move the dwelling; or(B)
Sells the manufactured dwelling to a person who buys the space or lot.(3)
A notice given under subsection (1) or (2) of this section shall, at a minimum:(a)
State that the landlord is closing the park, or a portion of the park, and converting the land or leasehold to a different use;(b)
Designate the date of closure; and(c)
Include the tax credit notice described in ORS 90.650 (Notice of tax provisions to tenants of closing park).(4)
Except as provided in subsections (2) and (5) of this section, the landlord must pay a tenant the full amount required under subsection (1) of this section regardless of whether the tenant relocates or abandons the manufactured dwelling. The landlord shall pay at least one-half of the payment amount to the tenant within seven days after receiving from the tenant the notice described in subsection (5)(a) of this section. The landlord shall pay the remaining amount no later than seven days after the tenant ceases to occupy the space.(5)
Notwithstanding subsection (1) of this section:(a)
A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section 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, whether by relocation or abandonment of the manufactured dwelling.(b)
If the manufactured dwelling is abandoned:(A)
The landlord may condition the payment required by subsection (1) of this section upon the tenant waiving any right to receive payment under ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility).(B)
The landlord may not charge the tenant to store, sell or dispose of the abandoned manufactured dwelling.(6)
Intentionally left blank —Ed.(a)
A landlord may not charge a tenant any penalty, fee or unaccrued rent for moving out of the manufactured dwelling park prior to the end of the 365-day notice period.(b)
A landlord may charge a tenant for rent for any period during which the tenant occupies the space and may deduct from the payment amount required by subsection (1) of this section any unpaid moneys owed by the tenant to the landlord.(7)
A landlord may not increase the rent for a manufactured dwelling park space after giving a notice of termination under this section to the tenant of the space.(8)
This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) or for other cause under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) by complying with ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings).(9)
If a landlord is required to close a manufactured dwelling park by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the park tenants no later than 15 days after the landlord receives notice of the exercise of eminent domain or of the agency order. The notice to the tenants shall be in writing, designate the date of closure, state the reason for the closure, describe the tax credit available under ORS 316.090 (Credit for manufactured dwelling park closure) and any government relocation benefits known by the landlord to be available to the tenants and comply with any additional content requirements under ORS 90.650 (Notice of tax provisions to tenants of closing park). [2007 c.906 §2; 2017 c.198 §1; 2019 c.625 §58](A)
By giving the tenant not less than 365 days’ notice in writing before the date designated in the notice for termination; and(B)
By paying a tenant, for each space for which a rental agreement is terminated, one of the following amounts:(i)
$6,000 if the manufactured dwelling is a single-wide dwelling;(ii)
$8,000 if the manufactured dwelling is a double-wide dwelling; or(iii)
$10,000 if the manufactured dwelling is a triple-wide or larger dwelling.(b)
The Housing and Community Services Department shall establish by rule a process to annually recalculate the amounts described in paragraph (a) of this subsection to reflect inflation.(2)
Notwithstanding subsection (1) of this section, if a landlord closes a manufactured dwelling park under this section as a result of converting the park 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), the landlord:(a)
May terminate a rental agreement by giving the tenant not less than 180 days’ notice in writing before the date designated in the notice for termination.(b)
Is not required to make a payment under subsection (1) of this section to a tenant who:(A)
Buys the space or lot on which the tenant’s manufactured dwelling is located and does not move the dwelling; or(B)
Sells the manufactured dwelling to a person who buys the space or lot.(3)
A notice given under subsection (1) or (2) of this section shall, at a minimum:(a)
State that the landlord is closing the park, or a portion of the park, and converting the land or leasehold to a different use;(b)
Designate the date of closure; and(c)
Include the tax notice described in ORS 90.650 (Notice of tax provisions to tenants of closing park).(4)
Except as provided in subsections (2) and (5) of this section, the landlord must pay a tenant the full amount required under subsection (1) of this section regardless of whether the tenant relocates or abandons the manufactured dwelling. The landlord shall pay at least one-half of the payment amount to the tenant within seven days after receiving from the tenant the notice described in subsection (5)(a) of this section. The landlord shall pay the remaining amount no later than seven days after the tenant ceases to occupy the space.(5)
Notwithstanding subsection (1) of this section:(a)
A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section 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, whether by relocation or abandonment of the manufactured dwelling.(b)
If the manufactured dwelling is abandoned:(A)
The landlord may condition the payment required by subsection (1) of this section upon the tenant waiving any right to receive payment under ORS 90.425 (Disposition of personal property abandoned by tenant) or 90.675 (Disposition of manufactured dwelling or floating home left in facility).(B)
The landlord may not charge the tenant to store, sell or dispose of the abandoned manufactured dwelling.(6)
Intentionally left blank —Ed.(a)
A landlord may not charge a tenant any penalty, fee or unaccrued rent for moving out of the manufactured dwelling park prior to the end of the 365-day notice period.(b)
A landlord may charge a tenant for rent for any period during which the tenant occupies the space and may deduct from the payment amount required by subsection (1) of this section any unpaid moneys owed by the tenant to the landlord.(7)
A landlord may not increase the rent for a manufactured dwelling park space after giving a notice of termination under this section to the tenant of the space.(8)
This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) or for other cause under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of tenancy for drug or alcohol violations) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) by complying with ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings).(9)
If a landlord is required to close a manufactured dwelling park by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the park tenants no later than 15 days after the landlord receives notice of the exercise of eminent domain or of the agency order. The notice to the tenants shall be in writing, designate the date of closure, state the reason for the closure, describe any government relocation benefits known by the landlord to be available to the tenants and comply with any additional content requirements under ORS 90.650 (Notice of tax provisions to tenants of closing park).(10)
The department shall adopt rules establishing a sample form for the notice described in subsection (3) of this section.
Source:
Section 90.645 — Closure of park; notices; payments to tenants; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
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