Chapter 90 — Chapter 90

ORS 90.632 Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant. (1) A landlord may terminate a month-to-month or fixed term rental agreement and require the tenant to remove a manufactured dwelling or floating home from a facility, due to the physical condition of the exterior of the manufactured dwelling or floating home, only by complying with this section and ORS 105.100 to 105.168. A termination shall include removal of the dwelling or home

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ORS 90.634 Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods. (1) A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 (51) and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occupies the dwelling or home as a residence, a facility landlord that is entitled to unpaid rent and receives possession of the facility space from the sheriff following restitution pursuant to ORS 105.161 may sell or dispose of the dwelling or home as provided in ORS 90.675

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ORS 90.635 [1995 c.746 §§47,48; 1997 c.577 §26b; 1999 c.676 §23; 2001 c.596 §45; 2003 c.21 §1; 2005 c.22 §67; 2007 c.843 §91; 2007 c.906 §§7,7a; renumbered 90.650 in 2007]

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ORS 90.640 Park damaged by natural disaster. If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197A.440, unless the parties agree otherwise following the natural disaster

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ORS 90.643 Conversion of park to planned community subdivision of manufactured dwellings. (1) A manufactured dwelling park may be converted to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845. When a manufactured dwelling park is converted pursuant to ORS 92.830 to 92.845

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ORS 90.645 Closure of park; notices; payments to tenants; rules. (1)(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

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ORS 90.650 Notice of tax provisions to tenants of closing park; rules. (1) If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of a federal, state or local agency or as provided under ORS 90.645 (1), the landlord shall provide notice to the tenant that the closure may allow the taxpayer to appeal the property tax assessment on the manufactured dwelling

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ORS 90.655 Park closure notice to nontenants; report of tenant reactions. (1) A landlord that gives a notice of termination under ORS 90.645 shall, at the same time, send one copy of the notice to the Housing and Community Services Department by first class mail. The landlord shall, at the same time, send a copy of the notice, both by first class mail and by certified mail with return receipt requested, for each affected manufactured dwelling, to any person

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ORS 90.660 Local regulation of park closures. A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010. An ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures may not be applied to reduce the rights provided to a park tenant under ORS 90.645 or 90.655. [2007 c.906 §4; 2009 c.575 §1]

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ORS 90.670 [Formerly 91.915; 1991 c.844 §13; 1993 c.580 §5; repealed by 1997 c.577 §50]

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ORS 90.671 Closure of marina; notices; payments to tenants; rules. (1) If a marina or a portion of the marina that includes a marina space is to be closed and the land or leasehold converted to a different use, and the closure is not required by the exercise of eminent domain or by order of a federal, state or local agency, the landlord of the marina may terminate a month-to-month or fixed term rental agreement for a marina space by giving the tenant

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ORS 90.675 Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property. (1) As used in this section

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ORS 90.680 Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord. (1) As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation

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ORS 90.690 [Formerly 91.910; 1991 c.844 §15; 1993 c.580 §7; 1995 c.559 §38; repealed by 1997 c.577 §50]

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ORS 90.710 Causes of action; limit on cause of action of tenant. (1)(a) Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater

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ORS 90.720 Action to enjoin violation of ORS 90.750 or 90.755. In addition to the tenant’s cause of action under ORS 90.710, any tenant prevented from exercising the rights in ORS 90.750 or 90.755 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred, and upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any bylaw, rental agreement, regulation or rule, pertaining to a facility, which operates to deprive the tenant of these rights. [Formerly 91.930]

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ORS 90.725 Landlord or agent access to rented space; remedies. (1) As used in this section

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ORS 90.727 Maintenance of trees in rented spaces. (1) As used in this section

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ORS 90.729 Temporary movement of floating home; notice; costs paid by landlord. (1) A landlord may require a tenant in a marina to move the tenant’s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including

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ORS 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition. (1) As used in this section, “facility common areas” means all areas under control of the landlord and held out for the general use of tenants

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ORS 90.732 Landlord registration; registration fee. (1) Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The landlord shall file a registration and pay a registration fee for each facility owned or managed by the landlord. The registration shall consist of the following information

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ORS 90.734 Manager or owner continuing education requirements. (1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required

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ORS 90.736 Civil penalties. (1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS 90.738. In assessing a civil penalty under this section, the department shall take into consideration any good faith efforts by the landlord or owner to comply with ORS 90.732 or 90.734

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ORS 90.738 Enforcement of registration and education requirements; advisory committee; rules. (1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736

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ORS 90.740 Tenant obligations. A tenant shall

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ORS 90.750 Right to assemble or canvass in facility; limitations. No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall

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ORS 90.755 Right to speak on political issues; limitations; placement of political signs. (1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the facility at reasonable times and in a reasonable manner in an open public meeting. The landlord of a facility, however, may enforce reasonable rules and regulations relating to the time, place and scheduling of the speakers that will protect the interests of the majority of the homeowners

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ORS 90.760 [Formerly 91.905; 1991 c.844 §23; 2014 c.89 §6; renumbered 90.805 in 2015]

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ORS 90.765 Prohibitions on retaliatory conduct by landlord. (1) In addition to the prohibitions of ORS 90.385, a landlord who rents a space for a manufactured dwelling or floating home may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after

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ORS 90.767 Mandatory mediation. (1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 to 90.850 shall establish a mediation policy to resolve disputes related to

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ORS 90.769 Informal dispute resolution. In addition to mandatory mediation required under ORS 90.767, a facility may establish an informal dispute resolution procedure that ensures each issue with merit is addressed within 30 days after receipt of a formal complaint. [Formerly 446.547]

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ORS 90.770 [Formerly 91.950; 1991 c.844 §29; 1997 c.249 §33; 1999 c.154 §1; repealed by 2001 c.596 §25 (90.771 enacted in lieu of 90.770)]

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ORS 90.771 Confidentiality of information regarding disputes. (1) In order to foster the role of the Housing and Community Services Department in mediating and resolving disputes between landlords and tenants of manufactured dwelling and floating home facilities, the department shall establish procedures to maintain the confidentiality of information received by the department pertaining to individual landlords and tenants of facilities and to landlord-tenant disputes. The procedures must comply with the provisions of this section

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ORS 90.775 Rules. The Housing and Community Services Department may adopt rules necessary to carry out the provisions of ORS 90.771. [Formerly 91.955; 2001 c.596 §49]

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ORS 90.800 Policy. (1) The State of Oregon encourages affordable housing options for all Oregonians. One housing alternative chosen by many Oregonians is facility living. The Legislative Assembly finds that many facility tenants would like to join together, alone or in cooperation with an associated entity, to purchase the facility in which the tenants live in order to have greater control over the costs and environment of their housing. The Legislative Assembly also finds that current market conditions place tenants at a disadvantage with other potential investors in the purchase of facilities

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ORS 90.805 [Formerly 90.760; repealed by 2019 c.625 §25]

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ORS 90.810 [1989 c.919 §8; 1991 c.844 §25; 1995 c.559 §43; 2014 c.89 §8; repealed by 2019 c.625 §25]

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ORS 90.815 [1989 c.919 §9; 1991 c.844 §26; 2014 c.89 §9; repealed by 2019 c.625 §25]

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ORS 90.820 [1989 c.919 §10; 1991 c.844 §19; 1999 c.222 §1; 1999 c.603 §34a; 2009 c.295 §1; 2014 c.89 §10; repealed by 2019 c.625 §25]

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ORS 90.830 [1989 c.919 §11; 1991 c.844 §27; 1999 c.222 §2; 2014 c.89 §11; repealed by 2019 c.625 §25]

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ORS 90.840 Park purchase funds, loans. (1) The Director of the Housing and Community Services Department may lend funds available to the Housing and Community Services Department to provide funds necessary to carry out the provisions of ORS 456.581 (2). Such funds advanced shall be repaid to the Housing and Community Services Department as determined by the director

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ORS 90.842 Notice of sale of facility; contents; formation of tenants committee for purchasing facility. (1) An owner of a facility shall give written notice of the owner’s interest in selling the facility before the owner markets the facility for sale or when the owner receives an offer to purchase that the owner intends to consider, whichever occurs first

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ORS 90.844 Procedures for purchase of facility by tenants; financial information; deadlines. (1) Within 15 days after delivery of the notice described in ORS 90.842, if the tenants choose to compete to purchase the facility in which the tenants reside, the tenants must notify the owner in writing of

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ORS 90.846 Notices and processes in facility transfer; remedies. (1) During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith

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ORS 90.848 Exceptions to facility transfer requirements. (1) With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to

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ORS 90.849 Notice of conveyance. (1) In addition to providing notice as required by ORS 90.842, upon sale of a facility under ORS 90.842 to 90.850 or upon any sale, transfer, exchange or other conveyance of a facility described in ORS 90.848, the owner shall give notice of the conveyance to the Housing and Community Services Department stating

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ORS 90.850 Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit. (1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that

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ORS 90.860 Definitions for ORS 90.865 to 90.875. As used in ORS 90.865 to 90.875

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ORS 90.865 Dealer notice of rent payments and financing. A seller of a manufactured dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to be placed in a facility and the seller

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ORS 90.870 Manner of giving notice; persons entitled to notice. (1) A seller subject to ORS 90.865 must give notice by certified mail to the parties listed in subsection (2) of this section prior to the date the manufactured dwelling is delivered to the facility. The notice must be in writing and include

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