The OSEA news., August 10, 1978, Page 9, Image 9

Page 10
August 10,1978
The OSEA News
Landlord-tenant law in mobile home parks
By BROMLEIGH LAMB
OSEA Attorney
Previous columns in this series have dealt with the
rights and obligations of landlords and tenants under
the Residential Landlord and Tenant Act of 1973.
Because of the rather peculiar nature of rentals in
mobile home parks, where the tenants own the
dwelling units and merely rents space from the
landlord on which to locate their mobile homes as
well as procuring certain services from the landlord,
the Legislature in 1975 enacted additional special
provisions applying specifically to mobile home
parks. These provisions will be considered in this
concluding column in the series.
Once again, readers are warned that the treatment
of the subject here is only general, and that specific
problems should be taken up witeh the reader’s own
attorney. In addition, readers of this series are ad­
vised that additional information about legislation
governing landlord-tenant relations may be obtained
from the Consumer Services Division of the
Department of Commerce (Salem: 378-4320 and 378-
4326; Portland: 229-6479) and from the Consumer
Protection Division of the Department of Justice
(Portland: 229-5548).
Besides the restrictions on retaliatory conduct by
residential landlords in general, reported in .the June
29 column, additional restrictions apply in mobile
home parks. There the landlord is further restricted
against increasing rent, decreasing services or
evicting the tenant in retaliation if the tenant even
expresses an intention to complain to a governmental
agency about code violations materially affecting
health and safety; if the tenant made a complaint to
the landlord in good faith; if the tenant has filed a
discrimination complaint with the Civil Rights
Division of the Bureau of Labor, or if the tenant has
performed, or expressed an intent to perform, any
other act to assert or to protect rights granted to
tenants by law.
The Department of Commerce, as required by
statute, has prepared a model rental agreement for
mobile home parks which specifies basic conditions
of the rental agreement which are enumerated in the
statute. (Among the provisions required by the
statute is a statement of any limitations to be applied
by the landlord with regard to approving the pur­
chaser of a mobile home from a tenant if the pur­
chaser is, in turn, to become a tenant of the landlord.
Such limitations may include provisions relating to
children, pets, number of occupants, credit and
character references and criminal records.) All
rental agreements must be in writing and signed by
both the landlord and the tenant. A copy of the
agreement must be given to the tenant with regard to
all agreements entered into after Oct. 4, 1977.
A tenant may terminate a rental agreement by
giving the landlord 30 days’ written notice.
The provisions for termination by the landlord are
more complicated. First, the mobile home park
Consumer Notes
landlord may terminate the agreement for the causes
and in the manner discussed in the July 20 column, as
in the case of other rentals. In addition, the landlord
may terminate the agreement upon 30 days’ written
notice to the tenant setting forth the reasons for
termination if the tenant violates a law or ordinance
relating to his conduct as a mobile home tenant or if
the tenant violates a rule which is a condition of his
occupying the space. Under those circumstances,
however, the tenant may avoid termination by
correcting the violation within the 30-day period of
the notice. If a similar violation recurs within six
months, the landlord may terminate the agreement
upon 20 days’ written notice.
In addition, if the landlord intends to cease “the
mobile home space rental operation”, he may ter­
minate the agreement upon 120 days’ notice to the
tenant.(The quoted phrase is ambiguous, but it
evidently means that this section of the statute can
apply if any portion of the rental spaces of the park
are shut down.)
A landlord may not deny a tenant the right to sell
his mobile home or require him to remove it from the
rented space solely on the basis of the sale. (Note:
But see the limitations, indicated above, that a lan­
dlord may impose in approving a purchaser of a
mobile home as a new tenant.) A landlord may,
however, require the tenant to give 30 days’ written
notice of the sale if the prospective purchaser desires
to leave the home on the space and become a tenant.
The landlord may not collect a commission for the
sale of a mobile home on rented space unless he acted
as the agent for the seller under a written contract.
Finally, the landlord may not impose conditions
upon the tenant, or a prospective tenant, which would
unreasonably restrict the tenant in his choice of
mobile home dealers, fuel suppliers, furnishings,
goods, services or accessories.
Any violator of the statutory provisions relating to
retaliation, to termination of the agreement by the
landlord, for violations by the tenant to the sale of a
mobile home or rented space or to the imposition of
unreasonable conditions by the landlord is subject to
legal action to recover actual money damages or
$200, whichever is greater.
Failure of a landlord to provide a written rental
agreement entitles the tenant to recover actual
money damages or $100, whichever is greater. The
landlord can avoid being subjected to legal action in
this regard, however, if he offers to enter a proper
written agreement within 10 days of the tenant
requesting him to do so. Likewise, if, within 10 days of
being served with a legal process complaining of a
violation of the statutory provisions relating to a
written rental agreement, the landlord offers to enter
into such an agreement with his other tenants, he will
be protected from further legal action by the other
tenants for violation of those provisions.
The party bringing any of the above legal actions in
court may recover costs and attorney fees as
determined by the court.
Note: Due to a typographical error in the June
29 column, the amount which the tenant may
deduct from his rent for the cost of repairs made
by him upon written notice to the landlord was
erroneously reported to be a maximum of $300;
the correct amount is $200.
4 employe representatives join OSEA staff
One woman and three men
with background in education,
textile and public employe
unionism have joined the OSEA
staff as employe represen­
tatives.
Sharron Farrell, 38, and Tom
Gunn, 29, are working out of the
Portland office. Jim Barnes, 43,
and Fred Hasle, 40, are working
out of the Salem headquarters.
Farrell comes to OSEA from
the Amalgated Clothing and
Textile Workers Union (AFL-
CIO) where she was an
organizer for 11 and one-half
years. Part of that time she was
a colleague of OSEA Employe
Representative Roger Yockey.
At the ACTWU she either
organized in the community in
support of a boycott or on the
shop floor.
Prior to that, Farrell worked
in the Pendleton Woolen Mills
and was hired for the union staff
position by two international
vice presidents. She started her
working career as a bus girl and
waitress and a member of the
Culinary Workers at 16 in
Seattle. However, she said her
first union activity was at six
months of age when she
“walked” or was carried on the
picket line by her woodworker
father.
When not working she eniovs
backpacking, stitchery, volley­
ball, and Democratic politics.
Farrell is active in an
organization for labor union
women and the 4-C Child Care
program, both as a volunteer
and a member of the board.
Gunn was a weighmaster for
the state Highway Division
before he joined the OSEA staff.
While in state service he was
vice president and instrumental
in the formation of Weigh­
master Chapt. 44. He also was a
at Linn-Benton Community
College for seven years where
he was the founder of the
faculty organization.
The Little Rock, Ark., native
started his teaching career in
California high schools.
He is a “chef of note,” by his
own admission, and has written
a cookbook called “Amateur
Chef” and he is a winemaker.
He is married with three
children.
Hasle has been a teacher and
a local faculty organization
leader before joining the OSEA
staff. Most recently, he
taught sociology at Clatsop
Community College in Astoria.
Prior to that, he was under
contract with the Oregon
Education
Association
organizing
in
community
colleges while doing graduate
work at Oregon State Univer­
sity.
While in Astoria, he was the
faculty . association president
and a member of the
negotiating team.
TOM GUNN
While studying in California,
he organized a Teamster local
in the currier service he worked
for and, with his fellow
graduate teaching assistants,
successfully organized a strike
of his AFT local.
steward training, how to govern
labor organizations and job
actions.
Prior to that, Barnes taught
Western Civilization and . a
course of his "own invention
called “Toward the Year 2000”
Hasle graduated from high
school in Jacksonville, Fla., is
married with two children, and
has twice run the 26 miles, 385
yards of a marathon, once
completing the course in under
three hours.
SHARRON FARRELL; FRED HASLE
member of the Highway BURC.
Before going to work for the
state, Gunn was an installer­
repairman for Pacific Bell in
Berkeley, Calif., where he was
chief steward for his Com­
munication Workers of America
local.
Gunn, who is married with a
five-month-old son, went to high
school and attended college in
California.
Barnes came to OSEA from
the Oregon Federation of
Teachers
(AFT,AFL-CIO)
where he organized, negotiated
and handled grievances. He was
an advocate in Employment
Relations Board hearings. He
conducted
workshops
on