Item 3: Ordinance Concerning Manufactured Dwelling Park Closures

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B to the Public Hearing AIS.The most significant differences between the two are the requirement of a housing counselor to assist homeowners and the payment that a homeowner may receive in advance of moving. In Eugene’s proposal it ranges from $11,000 (single-wide), to $17,000 (double- wide) and $21,000 (triple wide). In the state bill it is $5,000, $7,000 and $9,000 for comparable homes.The state legislation that was adopted includes an amendment providing a housing counselor. Response to Questions Raised at the Public Hearing 1. Councilor Zelenka asked how many parks and spaces are in non-conforming zones. At least 18 parks with 1,201 spaces are potentially regulated by Eugene’s current ordinance because they are in a flood plain or on non-residentially zoned land. 2. Councilor Bettman requested language for a potential amendment that prohibits a park owner from discriminating against new tenants with single-wide homes or homes over a particular age, if those types of homes already exist in the park. This is a quality issue that was debated at the state level. There are park owners who have articulated concerns about government imposing quality standards. Similar concerns were also raised during state coalition meetings by other tenants who prefer quality standards. The requested motion will be provided at the meeting. 3. Mayor Piercy, based on the testimony of two people, inquired about opportunities for appeal. The ordinance includes an option for an appeal to a hearings officer. The courts, through the writ of review process, are always an available option to a citizen once local the local appeal process has been exhausted. Because adding a process providing an appeal to the City Council (to allow for flexibility in certain situations) creates the potential for standardless deviations among similarly situated persons, the City Attorney’s Office and staff recommend against adding any additional appeal process. If the council would like an additional appeal process added to the ordinance that process will need, at a minimum, to be accompanied by standards and criteria setting forth the basis for allowing and evaluating the appeal. Regarding the need for a severability clause in the ordinance, there is a severability clause in the Eugene Code (EC 1.025) that ensures if one provision of the ordinance is struck down by the courts the remaining portions remain in effect. 4. Councilor Bettman asked if there was any data to counter an assertion that this ordinance will cause rents to increase. Rents are determined by landlords based on a variety of factors that include the cost of operations, supply and demand. Staff does not have data to support or refute this claim. This was not an issue that was debated at the full Housing Policy Board nor at the committee that developed the recommendations. L:\CMO\2007 Council Agendas\M070709\S0707093.doc