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 (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). When a manufactured dwelling park is converted pursuant to 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):

(a)

Conversion does not require closure of the park pursuant to ORS 90.645 (Closure of park) or termination of any tenancy on any space in the park or any lot in the planned community subdivision of manufactured dwellings.

(b)

After approval of the tentative plan 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 manufactured dwelling park ceases to exist, notwithstanding the possibility that four or more lots in the planned community subdivision may be available for rent.

(2)

If a 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 landlord closes the park as a result of the conversion, ORS 90.645 (Closure of park) applies to the closure.

(3)

If a 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), but the landlord does not close the park as a result of the conversion:

(a)

A tenant who does not buy the space occupied by the tenant’s manufactured dwelling may terminate the tenancy and move. If the tenant terminates the tenancy after receiving the notice required by ORS 92.839 (Notice to tenants of conversion and tenants’ rights during conversion) and before the expiration of the 60-day period described in ORS 92.840 (Sale of subdivision lots) (2), the landlord shall pay the tenant as provided in ORS 90.645 (Closure of park) (1).

(b)

If the landlord and the tenant continue the tenancy on the lot created in the planned community subdivision, the tenancy is governed by ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation), except that the following provisions apply and, in the case of a conflict, control:

(A)

ORS 90.510 (Statement of policy) (4) to (7) applies to a rental agreement and rules and regulations concerning the use and occupancy of the subdivision lot until the declarant turns over administrative control of the planned community subdivision of manufactured dwellings to a homeowners association pursuant to ORS 94.600 (Declarant control of association) and 94.604 (Transitional advisory committee) to 94.621 (Rights of declarant following turnover meeting). The landlord shall provide each tenant with a copy of the bylaws, rules and regulations of the homeowners association at least 60 days before the turnover meeting described in ORS 94.609 (Notice of meeting to turn over administrative responsibility).

(B)

ORS 90.530 (Pets in facilities) applies regarding pets.

(C)

ORS 90.545 (Fixed term tenancy expiration) applies regarding the extension of a fixed term tenancy.

(D)

ORS 90.600 (Increases in rent) (2) to (8) applies to an increase in rent.

(E)

ORS 90.620 (Termination by tenant) applies to a termination by a tenant.

(F)

ORS 90.630 (Termination by landlord) applies to a termination by a landlord for cause. However, the sale of a lot in the planned community subdivision occupied by a tenant to someone other than the tenant is a good cause for termination under ORS 90.630 (Termination by landlord) that the tenant cannot cure or correct and for which the landlord must give written notice of termination that states the cause of termination at least 180 days before termination.

(G)

ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) applies to a termination of tenancy by a landlord due to the physical condition of the manufactured dwelling.

(H)

ORS 90.634 (Prohibition against lien for rent) applies to a lien for manufactured dwelling unit rent.

(I)

ORS 90.680 (Sale of dwelling or home on rented space) applies to the sale of a manufactured dwelling occupying a lot in the planned community subdivision. If the intention of the buyer of the manufactured dwelling is to leave the dwelling on the lot, the landlord may reject the buyer as a tenant if the buyer does not buy the lot also.

(J)

ORS 90.710 (Causes of action) applies to a cause of action for a violation of ORS 90.510 (Statement of policy) (4) to (7), 90.630 (Termination by landlord), 90.680 (Sale of dwelling or home on rented space) or 90.765 (Prohibitions on retaliatory conduct by landlord).

(K)

ORS 90.725 (Landlord or agent access to rented space) applies to landlord access to a rented lot in a planned community subdivision.

(L)

ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) (2), (3), (4) and (7) apply to the duty of a landlord to maintain a rented lot in a habitable condition.

(M)

ORS 90.750 (Right to assemble or canvass in facility) applies to the right of a tenant to assemble or canvass.

(N)

ORS 90.755 (Right to speak on political issues) applies to the right of a tenant to speak on political issues and to post political signs.

(O)

ORS 90.765 (Prohibitions on retaliatory conduct by landlord) applies to retaliatory conduct by a landlord.

(P)

ORS 90.771 (Confidentiality of information regarding disputes) applies to the confidentiality of information provided to the Housing and Community Services Department about disputes. [2011 c.503 §17; 2013 c.443 §12; 2017 c.198 §3; 2019 c.1 §9; 2019 c.625 §57]

Source: Section 90.643 — Conversion of park to planned community subdivision of manufactured dwellings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

90.100
Definitions
90.105
Short title
90.110
Exclusions from application of this chapter
90.112
Maximum occupancy limit
90.113
Additional exclusion from application of chapter
90.115
Territorial application
90.120
Applicability of other statutory lien, tenancy and rent provisions
90.125
Administration of remedies
90.130
Obligation of good faith
90.135
Unconscionability
90.140
Types of payments landlord may require or accept
90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
90.147
Delivery of possession
90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
90.150
Service or delivery of actual notice
90.155
Service or delivery of written notice
90.160
Calculation of notice periods
90.220
Terms and conditions of rental agreement
90.222
Renter’s liability insurance
90.228
Notice of location in 100-year flood plain
90.230
Rental agreements for occupancy of recreational vehicle in park
90.243
Qualifications for drug and alcohol free housing
90.245
Prohibited provisions in rental agreements
90.250
Receipt of rent without obligation to maintain premises prohibited
90.255
Attorney fees
90.260
Late rent payment charge or fee
90.262
Use and occupancy rules and regulations
90.263
Vehicle tags
90.265
Interest in alternative energy device installed by tenant
90.275
Temporary occupancy agreement
90.295
Applicant screening charges
90.297
Prohibition on charging deposit or fee to enter rental agreement
90.300
Security deposits
90.302
Fees allowed for certain landlord expenses
90.303
Evaluation of applicant
90.304
Statement of reasons for denial
90.305
Disclosure of certain matters
90.310
Disclosure of legal proceedings
90.315
Utility or service payments
90.316
Carbon monoxide alarm
90.317
Repair or replacement of carbon monoxide alarm
90.318
Criteria for landlord provision of certain recycling services
90.320
Landlord to maintain premises in habitable condition
90.322
Landlord or agent access to premises
90.323
Maximum rent increase
90.324
Calculation of maximum rent increase
90.325
Tenant duties
90.340
Occupancy of premises as dwelling unit only
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
90.365
Failure of landlord to supply essential services
90.367
Application of security deposit or prepaid rent after notice of foreclosure
90.368
Repair of minor habitability defect
90.370
Tenant counterclaims in action by landlord for possession or rent
90.375
Effect of unlawful ouster or exclusion
90.380
Effect of rental of dwelling in violation of building or housing codes
90.385
Retaliatory conduct by landlord
90.390
Discrimination against tenant or applicant
90.391
Information to veterans required in notice
90.392
Termination of tenancy for cause
90.394
Termination of tenancy for failure to pay rent
90.396
Acts or omissions justifying termination 24 hours after notice
90.398
Termination of tenancy for drug or alcohol violations
90.401
Remedies available to landlord
90.403
Taking possession of premises from unauthorized possessor
90.405
Effect of tenant keeping unpermitted pet
90.410
Effect of tenant failure to give notice of absence
90.412
Waiver of termination of tenancy
90.414
Acts not constituting waiver of termination of tenancy
90.417
Duty to pay rent
90.420
Enforceability of landlord liens
90.425
Disposition of personal property abandoned by tenant
90.427
Termination of tenancy without tenant cause
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850
90.430
Claims for possession, rent, damages after termination of rental agreement
90.435
Limitation on recovery of possession of premises
90.440
Termination of tenancy in group recovery home
90.445
Termination of tenant committing criminal act of physical violence
90.449
Landlord discrimination against victim
90.453
Termination by tenant who is victim of domestic violence, sexual assault or stalking
90.456
Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking
90.459
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking
90.460
Alternate exit from bedroom required
90.462
Electric vehicle charging stations
90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation
90.472
Termination by tenant called into active state service by Governor
90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
90.485
Restrictions on landlord removal of vehicle
90.490
Prohibited acts in anticipation of notice of conversion to condominium
90.493
Prohibited acts following notice of conversion to condominium
90.505
Definitions for ORS 90.505 to 90.850
90.510
Statement of policy
90.512
Definitions for ORS 90.514 and 90.518
90.514
Disclosure to prospective tenant of improvements required under rental agreement
90.516
Model statement for disclosure of improvements required under rental agreement
90.518
Provider statement of estimated cost of improvements
90.525
Unreasonable conditions of rental or occupancy prohibited
90.527
Renter’s liability insurance in park
90.528
Use of common areas or facilities
90.530
Pets in facilities
90.545
Fixed term tenancy expiration
90.550
Permissible forms of tenancy
90.555
Subleasing agreements
90.560
Definitions for ORS 90.560 to 90.584
90.562
Utility and service charges
90.564
Charge for cable, satellite or Internet
90.566
Conversion to direct billing for garbage service
90.568
Pro rata billing
90.570
Public service charge pro rata apportionment
90.572
Submeter billing
90.574
Conversion to submeter or pro rata billing for water
90.576
Legislative findings
90.578
Conversion to submeter or direct billing for large parks
90.580
Entry to read submeter
90.584
Park specific billing for water
90.600
Increases in rent
90.605
Persons authorized to receive notice and demands on landlord’s behalf
90.610
Notice of proposed change in rule or regulation
90.620
Termination by tenant
90.630
Termination by landlord
90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home
90.634
Prohibition against lien for rent
90.640
Park damaged by natural disaster
90.643
Conversion of park to planned community subdivision of manufactured dwellings
90.645
Closure of park
90.650
Notice of tax provisions to tenants of closing park
90.655
Park closure notice to nontenants
90.660
Local regulation of park closures
90.671
Closure of marina
90.675
Disposition of manufactured dwelling or floating home left in facility
90.680
Sale of dwelling or home on rented space
90.710
Causes of action
90.720
Action to enjoin violation of ORS 90.750 or 90.755
90.725
Landlord or agent access to rented space
90.727
Maintenance of trees in rented spaces
90.729
Temporary movement of floating home
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
90.732
Landlord registration
90.734
Manager or owner continuing education requirements
90.736
Civil penalties
90.738
Enforcement of registration and education requirements
90.740
Tenant obligations
90.750
Right to assemble or canvass in facility
90.755
Right to speak on political issues
90.765
Prohibitions on retaliatory conduct by landlord
90.767
Mandatory mediation
90.769
Informal dispute resolution
90.771
Confidentiality of information regarding disputes
90.775
Rules
90.800
Policy
90.840
Park purchase funds, loans
90.842
Notice of sale of facility
90.844
Procedures for purchase of facility by tenants
90.846
Notices and processes in facility transfer
90.848
Exceptions to facility transfer requirements
90.849
Notice of conveyance
90.850
Owner affidavit certifying compliance with requirements for sale of facility
90.860
Definitions for ORS 90.865 to 90.875
90.865
Dealer notice of rent payments and financing
90.870
Manner of giving notice
90.875
Remedy for failure to give notice
Green check means up to date. Up to date