HomeMy WebLinkAboutAdmin Order 53-07-10-F
ADMINISTRATIVE ORDER NO. 53-07-10-F
of the
City Manager Pro Tem
ADOPTING CONDOMINIUM CONVERSION RULE R-1078.
The City Manager Pro Tem of the City of Eugene finds that:
A. Sections 2.019,2.1064,2.1078, and 2.1086 of the Eugene Code, 1971,
authorize the City Manager to adopt rules relating to condominium conversion and
manufactured dwelling park closures.
B. Pursuant to that authority, on November 30, 2007 I issued Administrative
Order No. 53-07-10 proposing the adoption of Condominium Conversion Rule R-1078,
and the forms appended thereto, to bring the existing rules into compliance with some
recently adopted Code provisions. Staff recommended that separate rules be
established for condominium conversion and manufactured dwelling park closure. I
concurred with that recommendation.
C. Notice of the proposed adoption of Condominium Conversion Rule R-1078
was given by publication in the Register Guard, a newspaper of general circulation
within the City for five consecutive days, to-wit, November 20,21,22,23,24, 2007. The
notice was also made available to persons who had requested notice, and provided that
written comments could be submitted thereon for a period of fifteen days from the date
of first publication. No comments were received within the time and manner required by
the notice.
Therefore, based upon the above findings, and the findings in Administrative
Order No. 53-07-10, which are hereby adopted, and pursuant to the authority contained
in Sections 2.019, 2.1064 and 2.1078 of the Eugene Code, 1971, I hereby order that
Condominium Conversion Rule R-1078, and the forms appended hereto, are hereby
adopted, to provide as follows:
CITY O~ EUGENE
CONDOMINIUM CONVERSION RULE R-1078
R-1078-A Notice of Planned Condominium Conversion.
1. Form of Notice. The notice of planned condominium conversion shall be
in the form attached to this Rule as Exhibit 1.
Administrative Order - Page 1
2. Contents. In addition to the information required by Sections 2.1060 to
2.1084 of the Eugene Code, 1971 ("EC"), the notice shall contain:
2.1 A statement that the developer intends to create condominium units
in the building(s) and that the notice of planned conversion does not create a
notice to terminate the tenancy;
2.2 The City of Eugene informational brochure containing a general
description of the state and local condominium conversion processes, and tenant
rights and opportunities mandated by state law or voluntarily made available by
the developer as part of the conversion project. The condominium conversion
informational brochure is attached to this Rule as Exhibit 2. The explanation
shall describe other voluntary benefits that will be provided to tenants, if any,
what purchase and lease options are available to the tenant, what condominium
instruments have been issued, what information is available to tenants, and when
other information will be available, how the tenant will be involved, informed, and
assisted throughout the process, the developer's duties under state and local
law, and shall include copies of applicable provisions of the EC, ORS and this
Rule;
2.3 The information required by ORS 100.305, if the notice also serves
as a notice of planned conversion under state law or an explanation that a future
notice will be sent under state law.
3. Delivery of Notice. The notice shall be given to the tenant personally or
sent by registered or certified mail to the address shown in the rental agreement or
lease. If served personally, the tenant shall sign a receipt verifying receipt of the notice.
The receipt shall be in the form attached to this Rule as Exhibit 3. If there is no written
lease or rental agreement, the notice shall be sent to the tenant's address in the building
to be converted. A refusal of registered or certified mail by the addressee shall
constitute adequate delivery. The notice shall be sent to each tenant listed in the rental
agreement or lease. If the dwelling unit is subleased, the notice shall be sent to the
tenant at his or her current address and to the subtenant in possession. If the tenant's
current address is unknown, two copies shall be delivered to the subtenant, one
addressed to the tenant and one to the subtenant.
4. Notice to Prospective Tenants. After notice of planned conversion has
been given, the developer shall notify each prospective tenant in writing of the intent to
convert the rental unit and of the unavailability of tenant assistance benefits to the
prospective tenant. The notice to the prospective tenant shall be given prior to renting a
unit (Le., signing a lease or rental agreement or otherwise entering into a rental
agreement) to that person. This notice shall be delivered personally to the prospective
tenant. As used herein, "prospective tenant" means any person who has negotiated an
agreement with the developer for renting or leasing a dwelling unit in a building to be
converted. The notice to. prospective tenants must conform to the form or sample
attached to this Rule as Exhibit 4. The obligation to provide this notice to prospective
Administrative Order - Page 2
tenants continues after issuance of the condominium conversion permit by the City, until
the time of the first sale of a converted dwelling unit.
R-1078-B Application for Condominium Conversion Permit.
1. Time to Apply and Fee. After 30 days from delivery of the notice of
planned condominium conversion to the City, but no later than 60 days from that time, a
developer, or his or her agent, may apply for a condominium conversion permit. An
application for a condominium conversion permit shall be on a form as is attached to
this Rule as Exhibit 5 and shall be accompanied by a fee established by the City
Manager.
2. Contents. The application for a condominium conversion permit must
conform to the requirements of EC 2.1070 and shall also include a common elements
report, a rental history report, and proof of funding of a cash reserve account as
required by Rule R-1078-E-3. and any filed or executed condominium conversion
instruments.
3. Posting. Within two days of filing an application with the City, the
complete permit application, including attachments shall be posted in a conspicuous
place in the building or buildings to be converted and any common buildings or facilities.
The posting shall be maintained until the permit is allowed or denied.
4. Applicant's Affidavit. The applicant's affidavit shall conform to the
requirements of EC 2.1 070(b), (notification to tenants and neighborhood groups,
maintenance of receipts from affected tenants of the notice and proposed tenant
assistance plan contract, provision of City informational brochure, lack of eviction of
affected tenants). In addition, it shall disclose the place within the City where signed
receipts from affected tenants are kept, which shall be maintained for a period of three
years. Example affidavits are attached to this Rule as Exhibit 6.
5. Required Instruments. The instruments required to be filed with the
application include any document then in. existence that is required to be filed or
executed by state law as part of the condominium conversion or management process.
R-1078-C Tenant Survey Report.
The tenant survey report obligation shall be satisfied by filing an affidavit with the
City in accordance with R-1078-8-4, above. The affidavit shall attest that the applicant
has provided the questionnaire attached to these Rules as Exhibit 7, to each tenant with
an envelope, postage prepaid, addressed to the City of Eugene. The questionnaire
shall direct the tenant to return the completed form directly to the City of Eugene.
Administrative Order - Page 3
R-1078-D Tenant Assistance.
1. Tenant Assistance Plan Contract - Contents and Form. The Tenant
Assistance Plan ("TAP") contract required by EC 2.1070(f) shall be consistent with the
TAP contract attached to these Rules as Exhibit 8.
2. Relocation Costs.
2.1 Condominium Special Cateaorv Tenant. The TAP contract shall
obligate the condominium conversion developer to pay moving expenses of all
special category tenants (as defined in subsection 2.2 of this section) in
accordance with the Federal Uniform Relocation Assistance Real Property
Acquisition Policies Act, as amended, Fixed Residential Moving Cost Schedule.
Also, the TAP contract shall obligate the condominium conversion developer to
pay elderly or disabled special category tenants a fixed sum of $500 for packing
and unpacking expenses. Moving expenses, including, if applicable, packing and
unpacking expenses, shall be paid to the tenant 14 days prior to the tenant's
move-out date.
2.2 For purposes of this section, "special category tenant" includes any
person who is elderly, disabled, or low-income (current income equal to or less
than 800/0 of the median family income on a yearly basis determined for Eugene-
Springfield by the Federal Department of Housing and Urban Development or its
successor).
3. Housing Counselor Contract. If a TAP contract is required, the
developer shall execute a Housing Counselor Contract obligating the developer to
contract with a housing counselor, approved by the City, to assist special category
tenants of the building to be converted in locating alternative housing and to act as the
developer's sole agent in representing alternative housing as comparable .to special
category tenants. A Housing Counselor Contract consistent with the contract attached
to these Rules as Exhibit 9 shall be acceptable as to form. In determining whether a
Housing Counselor Contract is sufficient, the following factors shall be considered:
3.1 The compensation paid to the counselor must be an amount
sufficient to assure that the counselor will use his or her best efforts in the
provision of assistance to affected tenants;
3.2 The contract must require the counselor to ascertain the particular
housing needs of affected tenants and to use reasonable efforts to locate
housing which is not only comparable, but tailored to fulfill those particular needs;
3.3 The contract must require that the developer will not discharge the
housing counselor merely because of a disagreement between the developer
and counselor over the status of a tenant as a special category tenant or the
status of a dwelling unit or housing as comparable or not, an opinion on the
Administrative Order - Page 4
reasonableness of, particular moving expenses, or because of the counselor's
stated views or advocacy on behalf of a tenant;
3.4 The contract must allow the counselor sufficient time to perform the
required duties in a comprehensive and satisfactory way;
3.5 The contract must obligate the counselor to perform the duties
mandated by EC 2.1060 to 2.1084 and these Rules;
3.6 The contract must state that the City is a third-party beneficiary of
the contract and has standing to enforce its terms.
4. Approval of Housing Counselor. In considering whether to approve the
housing counselor designated by the applicant, the City shall consider the background
and experience of the counselor in the procuring of housing dealing with elderly, low-
income, and disabled persons and administering the provision of social services by a
governmental or private agency. Any disapproval of a housing counselor shall be by
order of the City Manager after notification to the developer or park owner of the
intended action and opportunity to present written arguments and information.
5. Withdrawal of Approval of Housing Counselor. The City Manager may
withdraw approval of a housing counselor by order upon finding that such counselor has
willfully or persistently failed to abide by the terms of his or her contract alienated a
substantial number of tenants so as to impair the effectiveness of the counselor's
performance or refused to deal with or ignored the needs of any special category
tenant. Prior to issuance of a disapproval order, the City Manager shall notify the
developer and housing counselor of the intended action and allow the developer and
the housing counselor to present written arguments and materials relevant to the
intended action.
6. Provision of Comparable Housing with Special Facilities. The TAP
contract shall require the developer to offer independently two comparable housing
units to each special category tenant prior to giving any notice of tenancy termination to
that tenant. In addition to other factors, EC 2.1070 requires that comparable housing
include "similar special facilities for the particular tenant's needs if the tenant is
handicapped (disabled) or elderly. .." The following are examples of such special
facilities which should be considered in determining comparability:
6.1 Elderly special facilities may include security features (enclosed
parking, elevators, limited access to common areas, doorman services, visitor
call intercom systems, dead bolt locks), community recreation room in the
building, and emergency call facilities;
6.2 Handicapped (disabled) special facilities may include: barrier-free
access (no entrance steps, ramp availability, wide elevators and doors for
wheelchair access), handrails on steps, emergency call systems, swimming pool
Administrative Order - Page 5
availability for needed therapy, bathroom facilities (bath, toilet design, and
handrails), wide. hallways and doors within the apartment unit, and air
conditioning (for persons with disabilities due to allergies).
7. Provision of Comparable Housing with Similar Accessibility.
Comparable housing must include "similar accessibility in terms of time and distance
from public transportation routes to the tenant's place of employment, community and
commercial facilities, medical services, and transportation." The importance of this
factor will vary with the particular needs of an individual tenant. For example, a low-
income tenant may be more dependent upon public transportation so that distance to a
bus stop will be critical for that tenant. A disabled tenant may need close availability of
a pharmacy for medical prescriptions or of a doctor for emergency medical care.
Elderly tenants may require proximity to medical services and community recreation
centers catering to the elderly.
8. Comparable Housing Check Sheet. The comparable housing check
sheet attached to these Rules as Exhibit 10 shall be used in determining the
comparability of offered housing units. Use of the check sheet allows tenant input into
the various needs for that tenant for those comparability factors which are not
mandatory. The hearings officer shall use the check sheet in any contested case
involving the status of an offered unit as comparable.
9. Rental Period for Comparable Housing. A housing unit shall not be
comparable if the period of tenancy for that unit commences prior to termination of the
special category tenant's tenancy in the building to be converted unless the developer
agrees not to charge rent for the overlapping periods.
R-1078-E Condominium Conversion - Special Provisions. .
1. Common Elements Report.
1.1 Contents of Report. The common elements report shall contain the
information required by EC 2.1070(a) (i.e., condition and useful life of common
elements, estimate of costs of needed repairs or replacements, condition and
expected life of components, common element history, etc.). Any person
preparing the report shall be qualified to prepare the required estimates (i.e., be
either a reserve specialist or other professional explicitly approved by the City as
qualified to prepare the report). The report shall specify the methods of
inspection upon which the estimates of condition and useful life of the common
elements and components are based. The person preparing the report shall
certify that the report was prepared under his or her direction or supervision
using the method or methods set forth therein. The person that prepares the
report may disclaim liability for the accuracy of information provided' by the
developer or owner for the report if, at the time of the submission of the report,
the person that prepared the report had no reason to doubt the accuracy or
completeness of that information.
Administrative Order - Page 6
1.2 Meanina of Component of Common Element. A component of a
common element is a distinct and identifiable part of the common element which
has an expected useful life which is different and shorter than other parts of the
common element. To be distinct and identifiable a component must be typically
sold and purchased as a unit. Usually a component will have moving parts and
be an assembly which is distinct from the system of which it is a part.
Components of common elements do not include surface finishes or paint or the
individual parts of any assembly which assembly has a current replacement
value of less that $200. Any such assembly shall be listed as a component but
need not be further broken down to individual components.
1.3 Meanina of "Maior Repair". A "major repair" for purpose of
estimating the replacement costs of common elements requiring major repair or
replacement is a repair which is estimated to currently cost more than $2,000.
For purposes of certifying the dates of past major repairs or renovation to
common elements, a "major repair or renovation" is one costing more than
$1,000 at the time of such work.
1.4 Estimate of Useful Life. The report shall estimate useful life based
on the assumption that the maintenance of the element which has regularly
occurred in the past will continue for the foreseeable future. An estimate of
useful life may be based on different future expected maintenance only if the
developer has an executed contract for that maintenance.
1.5 Availabilitv of Records. The summary of City building official
records shall be based on those records available from the City of Eugene,
Permit and Information Center, 99 West 10th Avenue, Eugene, Oregon 97401.
2. Rental History Report.
2.1 Contents. The rental history report shall disclose, if such
information is available, the name and address of each tenant, the bedroom size
of each dwelling unit in the building to be converted, the current rent and the date
and amounts of any rent increases over the past year for each dwelling unit, the
name of each special category tenant residing in the building at the time of notice
of planned conversion, and, the name of any tenant who has been evicted in the
previous three years, the current address of that tenant, the reasons for the
eviction, and whether the tenant was elderly or disabled at the time of the
eviction.
2.2 Form. The rental history report shall be on the form attached to
these Rules as Exhibit 11.
3. Cash Reserve Escrow Account. The developer shall submit proof of
establishment of the replacement reserve account required by ORS 94.072. The
Administrative Order - Page 7
applicant shall provide all withdrawal instructions and agreements with the banking
institution applicable to such account. The reserve account shall be established in the
name of the unit owner's association for the conversion project. The requirement of
such account provision may be waived when a conversion permit from the City is
sought substantially in advance of the time of submission of the building to unit
ownership under state law.
4. Use of Common Elements Report. In determining the sufficiency of
assessments for replacement costs for common elements, the developer shall use the
information set out by the common elements report submitted under Rule R-1078-E-1.
R-1078-F
Post-Permit Obliaations.
1. Tenant Assistance Plan Information Reports. Tenant Assistance Plan
information reports in the form attached to these Rules as Exhibit 12 shall be submitted
at the end of any month in which a special category tenant has been relocated as a
result of a condominium conversion. The information report shall disclose the name of
any special category tenant provided assistance, the amount of moving expenses paid,
the identity of any offered comparable housing, and the tenant action on the offer.
2. Purchaser Information Reports. A condominium conversion
applicant/developer shall send the City completed purchaser information reports in the
form attached to these Rules as Exhibit 13.
3. Disclosure to Condominium Purchasers. The receipt signed by each
condominium purchaser acknowledging both receipt or opportunity to review the
condominium instruments and the completion of the purchaser information report shall
be in the form attached to these Rules as Exhibit 14. It shall be delivered to the City as
soon as practicable after closing the sales transaction with the purchaser.
R-1078-G HearinQs and Dispute Resolution.
1. Special Category Tenant Eligibility Determination. In the event of a
controversy over whether a person is elderly, disabled, or low-income and qualifies as a
special category tenant, the developer shall file with the City Manager an application for
recognition as a special category tenant in the form attached to these Rules as Exhibit
15. If the tenant has not completed that form, the developer shall request a
determination by letter. The City Manager shall allow the developer, the tenant, and the
housing counselor the opportunity to submit written arguments, comments, and
affidavits on the request. The determination of the City Manager shall be final. Income
status may be determined by current W-2 forms, income tax statements, payroll checks,
Social Security checks, and other evidence of income. A driver's license or birth
certificate shall be satisfactory proof of age. Satisfactory proof of disabled status shall
include a doctor's certificate, a statement from a health care specialist that the person
Administrative Order - Page 8
qualifies as a disabled person as defined in EC 2.1060, a governmental determination
of disability, or a workers' compensation determination of greater than 500/0 disability.
2. Comparable/Alternate Housing Determination. If a tenant of a building
or structure being converted and developer cannot agree on whether an offered housing
unit is comparable, and the dispute cannot be resolved by the housing counselor, a
determination on the comparability question shall be made by a hearings officer
appointed by the City. Such a hearing shall be held if requested by the tenant or
developer and shall be conducted in accordance with the provisions of EC 9.7065 to
9.7095. See attached to these Rules as Exhibit 16, the Request for Determination of
Comparable Housing form. The fee for such a hearing shall be established by the City
Manager. The fee shall be paid by whichever party takes a position that is contrary to
the position of the housing counselor.
3. Review of Permit Issuance or Revocation. Review of the decision of
the City Manager issuing or denying a condominium conversion permit or of a notice of
revocation of a condominium conversion permit shall be initiated by filing a notice of
appeal with the City on a form provided by the City. Such appeal hearing shall be
conducted by a hearings official appointed by the City Manager in accordance with the
provisions of EC 9.7065 to 9.7095, 2.1066(4), and 2.1074(6). See attached to these
Rules as Exhibit 17, Notice of Appeal Condominium Conversion Permit Decision form.
The decision on appeal shall be based on the record made in the appeal hearing.
R-1078-H Provisions Not Exclusive. The provisions of these Rules are in addition
to, and not in lieu of, any other obligations or duties required to be performed by a
developer under federal, state, or local laws, rules, or regulations. A violation of any of
those provisions by a developer constitutes a violation of these Rules.
Dated and effective thi~ay of December, 2007.
Administrative Order - Page 9
CONDOMINIUM CONVERSION
c
List of Exhibits
Exhibit 1 : Notice of Planned Condominium Conversion
Exhibit 2: Condominium Conversion Informational Brochure
Exhibit 3: Notice of Condominium Conversion Receipt Form
Exhibit 4: Notice to Prospective Tenants / Condominium Conversion
Exhibit 5: Condominium Conversion Permit Application
Exhibit 6: Condominium Conversion Mfidavit
Exhibit 7: Tenant Survey Questionnaire for Proposed Condominium Conversion
Exhibit 8: Tenant Assistance Plan Contract for Planned Condominium Conversion
Exhibit 9: Housing Counselor Contract
Exhibit 10: Comparable Housing Check Sheet
Exhibit 11: Rental History Report
Exhibit 12: Tenant Assistance Plan Information Report
Exhibit 13: Purchaser Information Report - Condominium Conversion
Exhibit 14: Purchaser Disclosure Receipt - Condominium Conversion
Exhibit 15: Application for Recognition as a Special Category Tenant in a
Condominium Conversion
Exhibit 16: Request for Determination of Comparable Housing
Exhibit 17: Notice of Appeal- Condominium Conversion Permit Decision of City
Manager
EXHIBIT 1
c
NOTICE OF PLANNED CONDOMINIUM CONVERSION
As required by Sections 2.1060 through 2.1084 of the Eugene Code, this notice
informs you that IlWe
Name of Owner/Developer (Applicant)
intend to convert the
Name of Project
located at
Address of Project
from residential rental units to condominiums. (In a condominium conversion, the
apartment units are sold off individually, so that an apartment unit may be owned
by an individual, such as the former tenant.)
This Notice of Planned Condominium Conversion DOES NOT
Constitute a Notice to Terminate Your Rental Agreement.
Attached to this notice, for your information is:
1. A Condominium Conversion Informational Brochure that describes state and local
condominium conversion processes, tenant rights provided by both local and state
law, and what opportunities for involvement are provided.
2. Any information required by ORS 100, if the notice also serves as a Notice of
Planned Condominium Conversion under state law or an explanation that a future
notice will be sent to tenants as required by state law.
3. A description of tenant rights voluntarily made available by the developer, if any.
For additional information, call
Applicant's Name or Representative
or contact the Community Development Division,
at
Phone Number
Planning & Development Department, City of Eugene, at 682-5071.
Owner/Developer/Applicant Signature
Date
Exhibit I: Notice of Planned Condominium Conversion
Page I of I
EXHIBIT 2
c
CONDOMINIUM CONVERSION INFORMATIONAL BROCHURE
This document describes state and local condominium conversion processes and
tenant rights provided by both local and state law, and what opportunities for
involvement are provided.
PART 1 - CITY OF EUGENE PERMIT PROCESS
GENERAL INFORMATION
The following information is a brief description of the process the City of Eugene
(lithe City") follows to evaluate permit applications for condominium and
cooperative conversions.
For more information concerning this process, refer to Sections 2.1060 through
2.1084 of the Eugene Code, the Administrative Rules issued by the City
Manager, or call the Planning & Development Department, Community
Development Division, at 682-5071.
Applicabilitv of Reaulations
The City regulates the conversion of more than two rental dwelling units to
condominiums or cooperatives by requiring that the Owner/Developer/Applicant
obtain a permit before the sale of any converted condominium unit or cooperative
share.
Prior to Submittina a Permit Application
The Owner/Developer/Applicant must deliver to the tenants a Notice of Planned
Condominium Conversion. The notice must also be sent, at the same time, to
the City of Eugene Planning & Development Department, Community
Development Division, 99 West 10th Avenue, Eugene, Oregon 97401 along with
an affidavit providing a list of tenants who received the Notice of Planned
Condominium Conversion and the dates of delivery to those tenants. This Notice
of Planned Condominium Conversion must precede the permit application by at
least 30 days but no later than 60 days.
Exhibit 2: Condominium Conversion Informational Brochure
Page lof9
CONDOMINIUM CONVERSION PERMIT APPLICATION PROCESS
1. A permit application may be submitted to the City of Eugene Planning &
Development Department from 30 to 60 days after filing the Notice of Planned
Condominium Conversion with the Planning & Development Department.
2. Within two days after filing the permit application, the Applicant must post a
copy of the permit application in a conspicuous place in the building( s) to be
converted. This posting is to be maintained until the permit is approved or
denied.
3. Following the receipt of a completed permit application, the Planning &
Development Department staff will have 30 days to review the application and
issue a report on the Applicant's compliance with the conditions for approval.
(Note: In order for the staff to begin the 30-day review, the application must
be complete and must have attached to it all the required affidavits and
information listed in the Eugene Code and Administrative Rules.)
4. Following the staff report, the Applicant shall have seven (7) days to submit
any additional information. The Applicant must post the staff report in a
conspicuous place in the building(s) to be converted.
5. The City Manager will then make a decision approving (with or without
conditions) or denying the application for a permit within fourteen (14) days
following the staff report. The Applicant will be notified in writing of the
decision.
6. The decision of the City Manager on a permit application can be appealed by
any person affected by the decision. The appeal must be made within ten
(10) days following the City Manager's decision and must be made on a form
available from the Planning & Development Department. Appeals on permit
decisions are handled by a Hearings Official. The Hearings Official, upon
receipt of an appeal, will hold a public hearing within 45 days following the
appeal and will make a decision on the appeal in writing within 14 days after
the close of the public hearing and record. The only issues for an appeal are
whether the Applicant has met all the requirements of the permit issuance,
whether the information submitted by the Applicant is true, or whether the City
Manager abused his/her discretion in ruling on the application.
Conditions and Required Information for a Permit
In order to obtain a permit, the Applicant must satisfy the following conditions:
1. A common elements report shall be prepared by a reserve specialist or other
professional acceptable to the City to provide an analysis of the condition and
life remaining in the common areas.
Exhibit 2: Condominium Conversion Informational Brochure
Page 2 of9
2. The Applicant must prepare and give to each tenant, a copy of a proposed
Tenant Assistance Plan. The Tenant Assistance Plan document describes
ways the Applicant will assist the tenant who does not buy his/her rental unit.
3. An affidavit must be included with the application stating that:
a. The Applicant has signed receipts from each tenant that they have
received a Notice of Planned Condominium Conversion and Tenant
Assistance Plan contract;
b. The Applicant will keep all signed receipts on file in this city and subject to
inspection for a period of three years;
c. The Applicant has provided the Informational Brochure on condominium
conversion provided by the Community Development Division of the
Planning & Development Department, City of Eugene to all the tenants;
d. No evictions without cause have occurred between the date of Notice of
Planned Condominium Conversion and the date of the permit application;
and
e. The Applicant has provided the Tenant Survey Report Questionnaire to
each affected tenant.
4. Proof of funding of a replacement reserve account which shall conform with
the requirement of the Eugene Code and Administrative Rules.
5. The following additional information must be submitted with the application:
a. Any information submitted to the State Real Estate Commissioner
pertaining to the condominium conversion of the building( s) under state
law.
b. A rental history report prepared on a form provided by the Community
Development Division of the Planning & Development Department, City of
Eugene.
c. An executed Tenant Assistance Plan contract that complies with Section
2.1070(g) of the Eugene Code, unless all affected tenants have executed
binding offers to purchase their units or shares or have permanently
relocated at the time of permit application.
d. An executed Housing Counselor contract as required by Eugene Code.
Exhibit 2: Condominium Conversion Informational Brochure
Page 3 of9
FILING FEE
A permit application must be accompanied by a filing fee as established by Order
of the City Manager pursuant to Section 2.020 of the Eugene Code.
PART 2 - A DESCRIPTION OF TENANT AND PURCHASER PROTECTIONS
PROVIDED BY EUGENE'S CONDOMINIUM CONVERSION ORDINANCE
INTRODUCTION
In 1980, the City of Eugene adopted an Ordinance regulating the conversion of
more than two rental dwelling units to condominium or cooperative ownership. In
1991, the City re-adopted the Ordinance with amendments. The Ordinance
basically regulates conversion in three ways that affect the existing tenants of a
building( s) to be converted. On June 26, 2005, the Eugene City Council
approved changes to the code provisions governing condominium conversions to
allow the use of a reserve specialist to identify the condition of the common
areas, to adjust the allowable moving cost benefits to current values, to eliminate
the required City inspection, and to clarify the length of the tenant's right to stay
period. It provides:
1. Protection to existing tenants who reside in the project.
2. Additional protections and benefits to "special category tenants" (low-income,
elderly, or persons with disabilities).
3. Protections to purchasers of converted units by strongly encouraging a pre-
purchase inspection in order to determine the condition of the unit prior to
sale.
It is the intent of this publication to give a brief description of the tenant and
purchaser protections provided by City Code. For more information, please refer
directly to Sections 2.1060 and 2.1084 of the Eugene Code, and the adopted
Administrative Rules or call the Planning & Development Department,
Community Development Division at 682-5071.
PROTECTIONS AVAILABLE TO ALL AFFECTED TENANTS IN A PLANNED
CONDOMINIUM CONVERSION
Disclosure
The Applicant must provide information to all tenants at the beginning of the
conversion process on their rights under both City and state law. Briefly, the City
requires that Applicants obtain a permit to convert the building(s). All tenants in
the building(s) will be notified in writing or information will be provided during the
permit process in the following ways:
Exhibit 2: Condominium Conversion Informational Brochure
Page 4 of9
1. The Applicant must send a Notice of Planned Condominium Conversion to
tenants at the very beginning of the conversion permit process. This notice
advises tenants that the Applicant intends to apply to the City of Eugene for a
condominium conversion permit, which can occur 30 to 60 days after the
Notice of Planned Condominium Conversion is sent to tenants.
2. The Applicant must notify tenants in writing of the decisions of the City of
Eugene to approve or deny the permit.
3. The Applicant must post the permit application, including the affidavits and
information required in the Eugene Code and Administrative Rules, in the
building(s) to be converted, for tenant review.
The Riaht to Stay
All tenants in the building( s) have the right to stay in their rental unit for 120 days
from issuance of the Condominium Conversion permit. However, tenants can be
evicted for cause during either period. The tenant's right to terminate the
tenancy remains the same as it was prior to the notice.
Discrimination
The Applicant cannot discriminate in the sale or in the terms of the sale against
any person who was a tenant of the building( s) to be converted because that
tenant opposed, in any manner, the conversion of such building(s).
Retaliatory Evictions
The Applicant may not retaliate against a tenant by evicting him/her without
cause because of the exercise of the tenant's rights.
Additional Protections and Benefits Available to Special CateQory Tenants
Special category tenants are persons who fit into one or more of the following
separate categories:
1. Elderly persons, defined as those 70 years of age or over at the time of the
Notice of Planned Condominium Conversion.
2. Disabled persons, defined as persons who have, at the time of issuance of
the condominium conversion permit, a mental, emotional, or physical
disability or illness of more than a temporary duration that:
a. Substantially impairs his/her ability to move about, to find, or maintain a
housing unit without the use of external aids (e.g., wheelchair, cane,
Exhibit 2: Condominium Conversion Informational Brochure
Page 5 of9
walker, guide dog) or without another person's assistance, or without aid;
or
b. Involves the loss of sight or hearing ability, prevents normal walking or
climbing of stairs, or requires a special life support system; or
c. Affects his/her ability to make decisions or manage his/her own financial
affairs without assistance.
A disability must prevent or make it difficult for the person to carry out regular
activities of daily living (e.g., housework, shopping, laundry, meal preparation,
and personal care, such as bathing and dressing).
Evidence that would determine the status of disability would include a doctor's
certificate, a statement from a health care specialist attesting to the above
criteria, a governmental determination of disability, or a worker's
compensation determination of greater than 50% disability.
3. Low-income persons, defined as persons whose current household income is
equal to or less than 80% of the median income on an annual basis
determined for Eugene-Springfield by the federal Department of Housing and
Urban Development (HUD).
The 2007 median income figures for 80% of median income are:
Household Size Low-income
80% of Area
Median Income
1 $30,650
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
These median income figures are updated annually. Contact the
Community Development Division at the Planning & Development
Department, City of Eugene, at 682-5071 for current income limits.
Exhibit 2: Condominium Conversion Informational Brochure
Page 6 of9
Special category tenants are eligible for the following benefits under Eugene
Code:
Movina Expenses - The Applicant must pay moving expenses to special
category tenants, in accordance with the Federal Uniform Relocation Assistance
Act. The code requires that moving cost benefits paid to Special Category
Tenants be in amounts established (and periodically updated) under the Federal
Uniform Relocation Act Fixed Residential Moving Cost Schedule. These
residential moving costs are based on the number of rooms of furniture to be
moved. In 2007 for Oregon, the allowance was $400/one-room, $550/two-
rooms, $750/three-rooms, and $950/four-rooms. Also the Applicant is required to
pay Special Category Tenants a fixed sum of $500 for packing and unpacking
expenses.
Comparable Housina and Housina Counselor Services - The Applicant, through
the services of an independent Housing Counselor, must offer each special
category tenant two comparable housing units as defined by Eugene Code and
suitable to meet the particular needs of the tenant. The Applicant may not give
any special category tenant a notice to vacate his/her unit until the two
comparable units have been offered, nor can the Applicant raise the rent of any
special category tenant except to an amount equal to or less than rent for
comparable housing in the same building (if such comparable housing exists
during this period).
The effect of this particular requirement in the Eugene Code means that special
category tenants will not be evicted during the 120-day period provided for all
tenants. In addition, if two comparable units have not been offered in this period,
special category tenants have a further right to stay beyond the 120 days, until
two comparable units have been offered. In certain cases, the Applicant has the
option of offering to the special category tenant, a lifetime lease on his/her unit in
lieu of the requirement for comparable housing. If a dispute arises over whether
or not a unit is comparable, a procedure has been established by the City of
Eugene to resolve such disputes between tenant and Applicant.
INFORMATION TENANTS WILL BE ASKED TO PROVIDE
All Tenants
The Applicant will distribute, on behalf of the City, to all tenants in the building(s),
a Tenant Survey Report Questionnaire that will include an addressed, postage-
paid envelope to be returned directly to the City. The questionnaire is needed by
the City to provide a record of all tenants in the building(s) so that if a dispute
arises, the City will have information directly from the tenant. It is also needed so
that the City can determine what effects condominium conversion has on renters
as a group.
Exhibit 2: Condominium Conversion Informational Brochure
Page 70f9
Special Cateaorv Tenants
In addition to the Tenant Survey Report Questionnaire, the Applicant (through the
Housing Counselor) will request that special category tenants who want to qualify
for the benefits due them fill out an Application for Recognition as a Special
Category Tenant form. The application is necessary to determine a tenant's
eligibility as a special category tenant who will be eligible to receive benefits
provided by the Eugene Code. Tenants must fill out this application to be
considered as a special category tenant.
PURCHASER PROTECTIONS
Purchasers of condominium units are protected by the Eugene Code in the
following ways:
1. The Applicant may establish a replacement reserve account for the unit
owners' association. This reserve account must be based on the required
architect's and engineer's report described below.
2. The purchaser is strongly encouraged to obtain a pre-purchase inspection in
order to determine the condition of the unit prior to sale. A common elements
report will be prepared by a reserve specialist or other professional
acceptable to the City. This report is to be made available to purchasers prior
to sales.
In addition, the Applicant is required to make available to purchasers copies of
issued condominium instruments, documents required by the State of Oregon,
such as the Declaration of Unit Ownership, bylaws of the unit owners'
association, and the State disclosure report. The Applicant must request that
purchasers sign receipts as proof to the City that purchasers have been given the
opportunity to review these documents prior to the sale of the unit.
INFORMATION REQUESTED BY ALL PURCHASERS
To comply with the Eugene Code, the Applicant must survey the purchasers
using the Purchaser Information Report Survey form provided by the City. The
survey asks whether the purchaser was previously an owner or renter. The City
will be responsible for tabulating this information for use in determining the
effects of conversions on the rental housing stock in Eugene.
BRIEF DESCRIPTION OF STATE LAW PROVISIONS (ORS 100)
State law requires a separate notice process which involves the following:
The Applicant must give existing tenants a Notice of Planned Conversion at least
120 days before the building(s) becomes condominiums (this occurs when the
Exhibit 2: Condominium Conversion Informational Brochure
Page 8 of9
Declaration is filed with the County Assessor, which creates the horizontal
subdivision necessary to divide the property for sale of individual units).
Following this notice, all new tenants must also be notified. The state notice
must contain a statement that:
a. The Applicant intends to convert and general information about the
condominium form of ownership;
b. This notice is not a notice to vacate;
c. Conveys whether or not there will be substantial alternations to the
physical layout of the project; and
d. Indicates whether the Applicant intends to offer the unit(s) for sale and if
so, the Applicant must set forth an estimate of the approximate price
range for which the unit(s) will be offered and an estimate of the
operational and common expenses of the condominium.
The purpose of the state notice provision is to provide general information about
the process and does not constitute an offer to sell the unit( s) at a particular
price. The notice does not commit the Applicant to convert the project to
condominiums.
The state notice must be delivered at least 30 days prior to an offer to sell. Prior
to the sale of a unit (without substantial alteration), the unit will be offered to the
tenant who occupies the unit. The offer shall:
1 . Terminate 60 days after receipt or upon written rejection by the tenant; and
2. Not constitute a notice to vacate.
The unit may not be sold for a price or at terms more favorable than that which is
offered to the tenant for 60 days following the termination of an offer to the
tenant.
In the event that improvements need to be made to the unit(s), the Applicant
must have tenant consent during the 120-day notice period, but may proceed
with improvements to the common elements during this period.
Exhibit 2: Condominium Conversion Informational Brochure
Page 90f9
EXHIBIT 3
c
Condominium Conversion
NOTICE OF CONDOMINIUM CONVERSION
RECEIPT FORM
IlWe
acknowledge that
Print Names(s) of Tenant(s)
IlWe received the Notice of Condominium Conversion on
Date Received
TENANT
Signature
Printed Name
Address (include apartment number)
RETURN TO APPLICANT
Owner/Developer)
Exhibit 3: Notice of Condominium Conversion Receipt Form
Page 1 of 1
EXHIBIT 4
c
NOTICE TO PROSPECTIVE TENANTS I CONDOMINIUM
CONVERSION
This notice informs you that the
located at
Name of Project
Address of Project
gave a Notice of Planned Condominium Conversion, required by Sections 2.1060
through 2.1084 of the Eugene Code, to the existing tenants of this complex
on
Date of Notice
It is the intention of the Owner/Developer (Applicant) to convert this rental project
to condominiums sometime in the future.
Existing tenants who received the Notice of Planned Condominium Conversion
are eligible to receive certain protections and benefits required by the Eugene
Code. Tenants, like yourself, who move into the project after the Notice of
Planned Conversion has been delivered are not eligible to receive tenant
assistance benefits.
Please acknowledge that you have read and understand this disclosure, by
signing below.
PROSPECTIVE TENANT
Signature
Date
Printed Name
Exhibit 4: Notice to Prospective Tenants
Condominium Conversion
Page 1 of 1
EXHIBIT 5
c
CONDOMINIUM CONVERSION PERMIT APPLICATION
PROPERTY INFORMATION
1. Attach an accurate legal description of the property included in this permit
application.
2. Indicate the assessor's map(s) and tax lot(s) numbers of the property:
3. Indicate the project name and address:
4. Type of complex: (please check)
~ Single Family Detached
Townhouse
Apartment (elevator)
~ Row House
Apartment (walk-up)
Duplex
5. Number of units by bedroom size:
6. Number of structures in complex:
7. If apartment, number of stories in each structure:
8. In what year(s) was the complex built?
INFORMATION CONCERNING THIS REQUEST
This application must be accompanied by the following:
1. An affidavit of the applicant conforming to the requirements of Section
2.1 070( c) of the Eugene Code;
2. A Rental History Report;
3. A Tenant Survey Report affidavit;
4. An executed Tenant Assistance Plan (if applicable);
5. If necessary, proof of funding of a cash reserve account; and,
Exhibit 5: Condominium Conversion Permit Application
Page 1 of2
6. Any filed or executed condominium instruments.
FILING FEE
A permit application must be accompanied by a filing fee as established by Order
of the City Manager pursuant to Section 2.020 of the Eugene Code.
ACKNOWLEDGEMENT
I /We , the undersigned, hereby acknowledge that IlWe have read the above
application and its attachments and understand the requirements for an
application for a condominium/cooperative conversion, and state that the
information supplied is as complete and detailed as is currently possible, to the
best of my/our knowledge.
APPLICANT
AGENT
Signature
Signature
Printed Name
Printed Name
Address
Address
Telephone Number
Telephone Number
E-Mail Address
E-Mail Address
Exhibit 5: Condominium Conversion Permit Application
Page 2 of2
EXHIBIT 6
.
CONDOMINIUM CONVERSION AFFIDAVIT
STATE OF OREGON )
)~
COUNTY OF LANE )
I, , being duly sworn,
depose on oath and say:
That I am the owner of
residential units located at
Eugene, Oregon, that I intend to convert to condominiums.
, in
I have provided each tenant and affected neighborhood group of the project with
a Notice of Condominium Conversion dated , and a
Tenant Assistance Plan Contract (if applicable), and will keep all signed receipts
on file in this city and subject to inspection for a period of three years
No affected tenants or special category tenants have been evicted from the
project without cause during the year preceding the date of the Notice of
Condominium Conversion, and no evictions without cause have occurred
between that date and the date of the application for a condominium conversion
permit from the City of Eugene.
I have provided all tenants of the residential units with a copy of the City of
Eugene informational brochure on condominium conversion and the tenant
survey questionnaire.
A Tenant Assistance Plan Contract has been executed and is being submitted
with my application for a condominium conversion.
Dated this _ day of
,20 .
Signature of AffianUApplicant
SUBSCRIBED AND SWORN to before me this _ day of
,20_, by
Notary Public for Oregon
My commission expires on:
Exhibit 6: Condominium Conversion Affidavit
Page 1 of 1
EXHIBIT 7
c
TENANT SURVEY QUESTIONNAIRE
FOR PROPOSED CONDOMINIUM CONVERSION
Return Survey to City of Eugene
in Postage-Paid Envelope
This survey is provided to the tenants of this conversion project in an attempt by
the City to protect the rights provided you by the Eugene Code during the
condominium conversion process and to obtain additional information on the
effects of conversion on tenants.
Your responses to the survey will be kept strictly confidential by the City. When
you have completed the form, please return it to the City in the attached postage-
paid envelope.
If you have any questions concerning this survey, please call the Planning &
Development Department, Community Development Division, at 682-5071.
Tenant Name:
Phone:
E-Mail:
Address:
1. Household composition - please list all household members, including self.
Name
Age Sex Relationship
2. Will any member of the household apply for "special category tenant" status?
Yes 0 No 0 If yes, will the application be based on:
Income 0 Disability 0 Age 0
3. How long have you lived in your present dwelling unit?
o less than 1 year? 0 up to 4 years?
o up to 2 years? 0 up to 5 years?
o up to 3 years? 0 more than 5 years?
Exhibit 7: Tenant Survey Questionnaire
for Proposed Condominium Conversion
Page 10f2
4. When did you receive the Notice of Planned Condominium Conversion?
Date
5. Has the rent for your unit been raised in the last 3 months? Yes D No D
If yes; please indicate the prior rental rate $ and the new
rental rate $
6. Why did you originally move into this unit? Please indicate the 3 most
important reasons! ranking them 1 through 3 (with 1 being most important):
D cost
o more space
D less space
D good location
D more security
D better quality
D better neighborhood
D recreational facilities
D recent change in household income
o low maintenance/upkeep
o sufficient storage space
o other, please specify
7. When you moved in, how long did you plan to live in your present unit?
D less than 1 year? D up to 4 years?
D up to 2 years? 0 up to 5 years?
o up to 3 years? 0 more than 5 years?
8. Are you interested in purchasing your unit?
Yes 0
NoD
9. If you do not purchase your unit, where would you prefer to relocate?
o as close as possible? 0 in Lane County, outside of Eugene?
D in same neighborhood? D in Oregon, outside Lane County?
o inside the city of Eugene? 0 outside Oregon?
10. What is your monthly household income from all sources? $
11. What is your opinion about the conversion of your unit to a condominium or a
cooperative?
o Approve .
o Disapprove
o Indifferent
Please add any additional comments you may have regarding the condominium
conversion process.
Exhibit 7: Tenant Survey Questionnaire
for Proposed Condominium Conversion
Page 2 of2
EXHIBIT 8
c
TENANT ASSISTANCE PLAN CONTRACT
FOR PLANNED CONDOMINIUM CONVERSION
This Agreement is made between
the City of Eugene (City), this
and
Owner/Developer (Applicant)
day of
,20_.
RECITALS:
A. Owner/Developer (Applicant) holds an ownership interest in real property
located at the following address:
in Eugene,
Oregon. Applicant represents that this ownership interest is sufficient to give
Applicant authority and capacity to agree to offer the following benefits to
affected and special category tenants.
B. Applicant desires to convert the use of the above residential real property
from residential rental units to condominium ownership. Existing City
regulations require the provision of benefits to tenants as preconditions to City
approval of a conversion. Both parties desire to memorialize those
obligations in this Agreement.
C. Attached to this Agreement, as Exhibit 8-A, is a list by unit number of all
tenants (hereafter referred to as "affected tenants") who reside in the building
to be converted on the date Notice of Planned Condominium Conversion was
given to the City, (insert date of notice)
Applicant represents that the information on Exhibit 8-A is correct.
D. Attached to this Agreement as Exhibit 8-B, is a list of all special category
tenants (those tenants who are disabled, elderly, or low-income, as those
terms are defined in Section 2.1060 of the Eugene Code) who resided in the
building(s) to be converted on the date Notice of Planned Condominium
Conversion was given to the City. Applicant represents that the information
on Exhibit 8-B is complete and true to the best of Applicant's knowledge.
E. Applicant has executed a Housing Counselor Contract with (insert name of
Housing Counselor) , a copy of which
is attached as Exhibit 9. The identity of the Housing Counselor and
provisions of the contract have been approved by the City.
In light of the above recitals, Applicant and the City agree that:
1. MOVING EXPENSES. The Tenant Assistance Plan Contract shall obligate
the condominium conversion developer to pay moving expenses of all special
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 10f7
category tenants in accordance with the Federal Uniform Relocation
Assistance Real Property Acquisition Policies Act, as amended, Fixed
Residential Moving Cost Schedule. Also, the TAP contract shall obligate the
condominium conversion developer to pay elderly or disabled special
category tenants a fixed sum of $500 for packing and unpacking expenses.
Moving expenses, including, if applicable, packing and unpacking expenses,
shall be paid to the tenant 14 days prior to the tenant's move-out date.
2. WITHDRAWAL OF APPROVAL OF HOUSING COUNSELOR. The City may
withdraw approval of the Housing Counselor who is a party to the Housing
Counselor contract. Such withdrawal of approval may occur after notice and
opportunity to be heard if the City finds that the Counselor has willfully or
persistently failed to abide by the terms of his/her contract, alienated a
substantial number of tenants so as to impair the effectiveness of the
Counselor's performance, or has refused to deal with or ignored the needs of
any special category tenant. Applicant agrees to contract on the same terms
with another Housing Counselor within a reasonable period of time after City
withdrawal of approval of the initial Housing Counselor. The replacement
Housing Counselor shall be subject to City approval under Administrative
Rule R-1078-0-5.
3. COMPARABLE HOUSING. Applicant agrees to offer independently two
comparable housing units to each special category tenant listed on Exhibit
8-B prior to giving notice to such a tenant of termination of tenancy. As used
herein, "comparable housing" shall be that type of housing defined in Section
2.1060 of the Eugene Code, and Administrative Rule R-1 078-0- 6, 7, 8, and
9. An independent offer to one which is not an outstanding offer to any other
tenant and which is, during the period of consideration, an exclusive offer to
that tenant. If the status of the offered unit as comparable is contested by the
tenant, it shall not constitute such an offer until the decision of the Hearings
Officer on its comparability. The Applicant may evict any tenant at any time,
consistent with state law, if such eviction is for good cause as that term is
defined in Section 2.1060 of the Eugene Code. Failure of any special
category tenant to accept a comparable housing offer within five days of the
initial offer shall constitute a rejection unless such tenant is temporarily
immobile because of sickness or injury in which case such tenant shall have
25 days to consider an offer of comparable housing.
4. LIMITATION ON RENT INCREASES AND EVICTION REMEDIES. Applicant
agrees not to evict any affected tenant, except for good cause (as defined in
Section 2.1060 of the Eugene Code) prior to the issuance of a condominium
conversion permit by the City or the expiration of 180 days from the time the
tenant receives the Notice of Planned Condominium Conversion, whichever is
later. Applicant further agrees not to raise the rent of any special category
tenant prior to issuance of the conversion permit and offer of two comparable
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 2 of7
housing units to an amount equal to or less than rent for comparable housing
in the same buildingl if such comparable housing exists.
5. OPERATION OF CONTRACT. This Agreement shall operate for the benefit
of those tenants listed on Exhibit 8-A and shall be enforceable at the
instigation of any such listed tenant as a third-party beneficiary. It is
expressly understood that the City assumes no liability for the Applicant's
conversion project of the Applicant's actions or failure to act in any attempt to
comply with local or state legal requirements applicable to condominium or
cooperative conversion.
6. ATTORNEY FEES. Should any action be brought on this Agreement by
either party or any third-party beneficiary, the losing party agrees to pay the
prevailing party's attorney fees and costs to be fixed by the trial court, and
any appellate attorney fees and costs to be fixed by the appellate court.
7. MODIFICATIONS. This Agreement may be modified only by a written
document signed by both parties. Both parties agree that the lists of affected
and special category tenants (Exhibits 8-A and 8-B hereto) shall be modified
without additional consideration should new or additional facts warrant
inclusion of any person not presently listed. In particular, any affected tenant
who becomes disabled prior to issuance of a conversion permit shall be
added to Exhibit a-B.
Applicant may satisfy the obligations imposed by this Agreement for any
particular tenant by execution of a written waiver of rights by that tenant is
such waiver is entered into in good faith and not for the purpose of completely
evading the obligations of Applicant, the terms and conditions of the waiver
are clearly and fairly disclosed, and adequate consideration for the
Agreement is clearly stated. In particular, the obligations imposed above for
the provision of comparable housing and moving expenses to particular
tenants may be satisfied by execution of a lifetime lease (as defined in
Section 2.1060 of the Eugene Code) by that tenant.
8. PURCHASE INCENTIVES. [Insert any purchase incentives to tenants
offered by Applicant.]
9. SEVERABiliTY. If any provision of the Agreement or the application thereof
to any person or circumstance is held invalid, the invalidity does not affect the
other provisions or applications of this Agreement which can be given effect
without the invalid provisions or applications, and to this end, the provisions of
this Agreement are severable.
10. liBERAL CONSTRUCTION. Every duty imposed by this Agreement imposes
an obligation of good faith in its performance. This Agreement shall be
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 3 of?
liberally construed and applied to promote the purposes and policies of
Sections 2.1060 to 2.1084 of the Eugene Code.
11. TERMINATION. This Agreement shall terminate upon complete performance
of the duties imposed herein or the withdrawal of the Applicant's application
for a Condominium Conversion Permit or execution of a written termination by
both parties.
12. CONTRACTUAL AUTHORITY. Each of the signatories to this Agreement
have read this Agreement in full and represent that he/she has or has
obtained the necessary authority to enter this Agreement on behalf of his/her
principal.
DATED this
day of
20
CITY OF EUGENE
APPLICANT
By:
Angel L. Jones
City Manager Pro Tem
By:
Name
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominiwn Conversion
Page 4 of?
CITY OF EUGENE
c
CONDOMINIUM CONVERSION PROCESS
TENANT ASSISTANCE PLAN
RECEIPT FORM
IlWe
Print Name(s) of Tenant(s)
IlWe received the Tenant Assistance Plan on
acknowledge that
Date Received
TENANT
Signature
Printed Name
Address (include apartment number)
RETURN TO APPLICANT
(Owner/Developer)
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 5 of7
EXHIBIT 8-A
c
LIST OF TENANTS BY UNIT NUMBER
Unit#
Tenant Name
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 6 of?
EXHIBIT 8-B
c
LIST OF SPECIAL CATEGORY TENANTS
Special category tenants, as those terms are defined by Section 2.1060 of the
Eugene Code, are elderly, low-income, or disabled tenants. The following list of
special category tenants includes tenant names and acknowledges the type of
special category.
Tenant Name. Special Category (please check)
Elderly Disabled Low-income
Exhibit 8: Tenant Assistance Plan Contract
for Planned Condominium Conversion
Page 70f7
EXHIBIT 9
c
HOUSING COUNSELOR CONTRACT
This Agreement is made between
Owner! Developer (Applicant)
and
Housing Counselor
Owner/Developer (Applicant) holds an ownership interest in property located at
in Eugene, Oregon.
Street Address
Applicant is applying to the City of Eugene for a permit to convert the rental units
on this property to condominium or cooperative ownership or to close a
Manufactured Dwelling Park. As part of the conditions for the granting of this
permit, Applicant is obligated to offer comparable housing to those tenants who
are presently elderly or low-income or who are disabled at the time of issuance of
a conversion permit (special category tenants). Attached to this Agreement is a
list of tenants who presently are elderly, disabled, or low-income and who are
entitled to such benefits. This list shall be modified is a tenant becomes disabled
before issuance of a condominium conversion permit or a manufactured dwelling
park closure permit.
The purpose of the employment by Applicant of Housing Counselor is so that
Housing Counselor will harmonize Applicant's relationship with these special
category tenants of the Applicant and minimize to the extent feasible any
displacement hardship occasioned by the conversion for those tenants.
Applicant and Housing Counselor agree that:
1. DUTIES OF HOUSING COUNSELOR. Housing Counselor agrees to canvas
and obtain a list of currently available rental units within the city of Eugene;
Housing Counselor shall provide this list upon request to any special category
tenant. Housing Counselor will use his/her best efforts to obtain and offer two
comparable housing units (as that term is defined in Section 2.1060 of the
Eugene Code, and any Administrative Rules issued there under) to each
special category tenant. Housing Counselor agrees to ascertain the particular
housing needs of affected tenants and to use all reasonable efforts to locate
housing which is not only comparable but adequate to fulfill the particular and
stated needs of each special category tenant. Housing Counselor shall act as
the Applicant's sole agent in representing housing as comparable to special
category tenants. Housing Counselor shall receive receipts and billings from
special category tenants on moving expenses, determine if these expenses
Exhibit 9: Housing Counselor Contract
Page I of3
are reasonable, and recommend payment or nonpayment of all expenses to
Applicant.
2. DUTIES OF APPLICANT. Applicant agrees to supply any needed information
to Housing Counselor necessary for the fulfillment of Housing Counselor's
duties and to reasonably cooperate with Housing Counselor in the offering of
comparable housing. Applicant agrees not to discharge Housing Counselor
or otherwise terminate this Agreement because of Housing Counselor's
stated views or advocacy on behalf of a tenant, because of a disagreement
between Housing Counselor and Applicant on the status of an offered
alternative dwelling unit as comparable, or because of a recommendation by
Housing Counselor on payment of moving expenses. Applicant shall use
best efforts to cooperate with Housing Counselor in the performance of the
duties of Housing Counselor stated herein.
3. COMPENSATION. Applicant agrees to pay Housing Counselor the sum of
$ (INSERT PROVISIONS ON COMPENSATION) for
the performance of Housing Counselor's duties under this Agreement.
4. TERMINATION. This Agreement shall terminate upon the occurrence of any
of the following:
a. complete relocation of all special category tenants;
b. relocation of some but not all special category tenants and the execution
of lifetime leases or waiver of relocation benefits by the remaining special
category tenants; or
c. withdrawal of approval of Housing Counselor by the City of Eugene
pursuant to Section 2.1 070(g)4 of the Eugene Code, and Administrative
Rule R-1078-D-5.
d. [Insert default/termination provisions.]
5. OPERATION OF CONTRACT. This Agreement shall operate for the benefit
of the City of Eugene and shall be enforceable at the instigation of the City of
Eugene as a third-party beneficiary.
6. ATTORNEY FEES. Should any action be brought on this Agreement by
either party or the City of Eugene, the losing party agrees to pay the
prevailing party's attorney fees and costs to be fixed by the trial court, and
any appellate attorney fees and costs to be fixed by the appellate court.
Exhibit 9: Housing Counselor Contract
Page 2 of3
7. ADDITIONAL PROVISIONS. [INSERT ADDITIONAL PROVISIONS]
(Attorney Fees, Severability, Modification, Delegation, Additional Duties
clauses, etc.)
DATED this
day of
,20
APPLICANT
HOUSING COUNSELOR
Signature
Signature
Printed Name
Printed Name
Exhibit 9: Housing Counselor Contract
Page 3 of3
EXHIBIT 10
c
COMPARABLE HOUSING CHECK SHEET
* Tenant Priority Ranking - Please indicate, of the features numbered 1 through 6, which items
you most want in your replacement unit by ranking them 1 to 6 (with 1 being the priority).
Tenant Name: Phone:
Present Address:
Special Category: o Elderly o Disabled o Low-income
FEATURE TENANT COMPARABLE COMPARABLE
PRESENT UNIT #1 UNIT #2
UNIT
Location Address
Apartment size (SF)
Rent wIno Utilities
Number of Bedrooms
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1. KITCHEN FACILITIES:
. Range
. Refrigerator
. Dishwasher
. Disposal
. WindowNent
. Storage/Pantry
2. BATH FACILITIES:
Main Bath:
. Tub/Shower
. Shower
. WindowNent
. Storage/linen closet
. Medicine Cabinet
Second Bath:
. 1/2 Bath
. Full Bath
Exhibit 10: Comparable Housing Check Sheet
Page lof3
FEATURE TENANT COMPARABLE COMPARABLE
PRESENT UNIT #1 UNIT #2
UNIT
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3. SPECIAL FEATURES FOR
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. Security
. Other - please list:
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.
4. HEA TING/COOLlNG TYPE
(GAS/ELEC): -
. Central System
. Individual Room Control
. Air Conditioning
5. ACCESS:
. Employment
. Community Facilities
. Schools
. Medical
. Commercial Facilities
. Public Transportation
6. OTHER FACILITIES
(FOUND IN PRESENT UNIT,
TENANT WANTS IN NEW
UNIT) - List:
.
.
.
7. ACKNOWLEDGE COMPLETION OF DESCRIPTION OF TENANT'S PRESENT UNIT.
TENANT
HOUSING COUNSELOR
Signature
Signature
Date
Date
Exhibit 10: Comparable Housing Check Sheet
Page 2 of3
8. DATE COMPARABLE UNIT #1 OFFERED TO TENANT:
Date Accepted:
Date Rejected:
Tenant Signature:
Tenant Signature:
9. DATE COMPARABLE UNIT #2 OFFERED TO TENANT:
Date Accepted: Tenant Signature:
Date Rejected: Tenant Signature:
Please attach any comments to this check sheet. Thank-you.
Exhibit 10: Comparable Housing Check Sheet
Page 3 of3
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EXHIBIT 13
c
PURCHASER INFORMATION REPORT
CONDOMINIUM CONVERSION
To the Purchaser of a Condominium Unit: The City of Eugene needs to know
what effect, if any, condominium conversions have on the supply of rental
housing. Your response to the following questions would be helpful:
1. Will you be the occupant of the unit you purchased? 0 Yes 0 No
2. Was the home you are moving from:
o An Apartment 0 Single Family House
Other
o Mobile Home
3. Did you own 0 or rent 0 your previous home?
4. Is the previous home now occupied by (or will its new occupant be) renting
the home 0 the owner of the home O?
5. Did you buy this unit as an investment-rental property? 0 Yes 0 No
If your tenant now occupies the unit, please answer the next questions, if you
have the information.
6. Was the tenant a previous occupant of the project?
a. In the same unit? 0 Yes 0 No
b. In a different unit? 0 Yes 0 No
7. If the answer to #6 was uno," was the home the tenant moved from:
o An Apartment 0 Single Family House 0 Mobile Home
Other
8. Is the home the tenant moved from now occupied by (or to be occupied by)
a renter 0 an owner O?
9. What is the rent for this unit? $
10. What utilities does the rent (in #9) include?
11. Where did you (if you are the occupant), or the tenant (if you are an investor)
live before moving into the condominium?
o Eugene
o Springfield
o Outside Eugene/Springfield but in Lane County
o Outside Lane County, but in the state of Oregon
o Outside the state of Oregon
Exhibit 13: Purchaser Infonnation Report
Condominium Conversion
Page 1 of 1
EXHIBIT 14
~
PURCHASER DISCLOSURE RECEIPT
CONDOMINIUM CONVERSION
IlWe, , state that IlWe
purchased a condominium unit in the conversion project located in Eugene,
Oregon at on
(Address) (Date purchased)
Prior to closing of this sale, IlWe had the opportunity to review and were shown:
1. The Declaration of Unit Ownership and any Supplemental Declarations or
amendments;
2. The Plat of the Condominium filed with the Declaration;
3. Notice of Planned Conversion given to tenants (Eugene);
4. Notice of Conversion (State of Oregon);
5. State of Oregon Disclosure statement;
6. Bylaws of Unit Owners Association;
7. Building Code Inspection Report of the City of Eugene;
8. Engineer/architect's Report; and
9. Tenant Assistance Plan contract.
If the conversion project is for cooperative housing units, IlWe were shown and
had the opportunity to review, prior to execution of a sale agreement for a
cooperative share, the following:
1. Articles of Incorporation of Cooperative;
2. Bylaws of the Cooperative Corporation;
3. Occupancy Agreement applicable to shareowners;
4. Management Contract for the Cooperative;
5. Management Plan for the Cooperative; and
6. Application for Mortgage Insurance or its equivalent.
IlWe further declare that IlWe have completed the Purchaser Information Report
form provided by the Owner/Developer (Applicant) and such information is true
and correct.
DATED this
day of
,20
PURCHASER
PURCHASER
Signature
Signature
Printed Name
Printed Name
Exhibit 14: Purchaser Disclosure Receipt
Condominium Conversion
Page 1 of 1
EXHIBIT 15
c
APPLICATION FOR RECOGNITION AS A SPECIAL CATEGORY
TENANT IN A CONDOMINIUM CONVERSION
1. Date prepared:
2. Prepared by:
3. Tenant Name:
4. Address:
Phone:
5. Household composition (list all household members, including yourself):
Name Age Sex Relationship
(1)
(2)
(3)
(4)
(5)
(6)
6. Please complete, if you are claiming status as a disabled person. Does any
member of the household have a physical, emotional, or mental disability?
DYes DNo
If yes, please describe the condition, including:
a. Is the condition temporary? D Yes D No
b. Is the condition permanent? DYes D No
c. Does the disability require the use of external aids, such as:
D Wheelchair D Cane D Walker D Other, please describe:
d. Are you under a doctor's care? DYes D No
e. Do you require another person's assistance? DYes D No
f. Does the disability impair your ability to move about without pain?
DYes D No
g. Has a government agency made a determination of your condition?
DYes DNo
h. Please describe the disability and explain whether the disability prevents
or makes it difficult to carry out regular activities of daily living, such as
housework, shopping, meal preparation, or personal care.
Exhibit 15: Application for Recognition as a Special Category
Tenant in a Condominium Conversion
Page I of 3
I. What special housing requirements may be necessary as a result of the
disability (such as bath fixtures, ramps, etc.)? Please describe.
7. Using the chart below, please list your gross income (before taxes are taken
out) from all sources, such as wages, social security, interest, Veteran's
Benefits, child support, etc.). Note: if tenant qualifies as elderly or
disabled, income question (#7) need not be answered.
Source Exact Monthly Amount
A. Wages from employment (full or part-time) $
- Is employment seasonal or temporary? DYes DNo
- If yes, please explain:
B. Disabilitylretirement benefits
- Social Security $
- Veterans Administration Benefits $
- Unemployment Insurance $
- Workers' Compensation $
- Company Retirement $
- Other: $
C. Investment Income
- Interest on Savingsllnvestments $
- Rental Income $
- Payments from Real Estate Sale $
D. Other Sources
- Educational Grants/Loans $
- Assistance from Relatives $
- Child Support $
TOTAL MONTHLY INCOME $
8. General Information:
Name/location of employment:
Where do children attend school?
Do you depend on public transportation? D Yes D No
I am aware that the benefits provided to special category tenants in a
condominium conversion are based on established eligibility criteria, therefore, I
swear/affirm the above statements are true, to the best of my knowledge.
Tenant's Signature
Date
Exhibit 15: Application for Recognition as a Special Category
Tenant in a Condominium Conversion
Page 2 of3
FOR OFFICE USE
Eligibility of Special Category Tenant:
o Approved
o Denied/Disapproved
If Denied/Disapproved - provide reason:
By:
Please print name and title
Signature
Date
Exhibit 15: Application for Recognition as a Special Category
Tenant in a Condominium Conversion
Page 3 of3
EXHIBIT 16
.
REQUEST FOR DETERMINATION OF COMPARABLE HOUSING
GENERAL INFORMATION
The following information provides a brief description of the process by which a
tenant or Owner/Developer (Applicant) may seek review of the decision of the
Housing Counselor regarding comparable housing. For more information, please
refer to Section 2.1076(2) of the Eugene Code and to Administrative Rule
R-1078-G-2.
1. In the event that a dispute arises between the tenant and the Applicant over
the status of an offered unit as comparable which cannot be mediated by the
Housing Counselor, either the Applicant or tenant may file a Request for
Determination of Comparable Housing with the City of Eugene.
2. Ten days following the Request for Determination of Comparable Housing
request, the Hearing Officer shall hold a hearing on the request. The
determination of the Hearings Officer shall be final.
REQUIRED INFORMATION
The following information or material must be submitted with a Request for
Determination of Comparable Housing:
1. Name of condominium or cooperative to be converted:
2. Date of filing request for determination:
3. Name, address, and telephone number of special category tenant or
Applicant with whom the dispute is with:
4. Please attach a copy of the completed Comparable Housing Check Sheet
which specifically relates to this request.
5. Please attach a copy of the written determination of the Housing Counselor
on the status of the units as comparable.
Exhibit 16: Request for Determination of Comparable Housing
Page 1 of 1
EXHIBIT 17
.
NOTICE OF APPEAL
CONDOMINIUM CONVERSION PERMIT
DECISION OF CITY MANAGER
GENERAL INFORMATION
The following information provides a brief description of the process by which
permit appeals are reviewed by the City of Eugene. For more detailed
information, please refer to Section 2.1066(4) of the Eugene Code, and
Administrative Rule R-1078-G-3.
1. The decision of the City Manager unconditionally approving, approving with
conditions, or denying a Condominium Conversion Permit may be appealed
by any interested person. An "interested person" means the
Owner/Developer (Applicant) or any person or entity affected by the decision.
2. A permit appeal must be submitted within ten calendar days of the date of the
City Manager's decision. If the tenth day falls on a Saturday or on a Sunday,
the appeal may be submitted on the following Monday. (See Section 1.010 of
the Eugene Code.)
3. The Hearings Official shall conduct a hearing within fourteen days of the
Notice of Appeal on the permit approval or disapproval action of the City
Manager. The appellant, Applicant, and any person who has indicated
interest shall be notified in writing of the date/time of the Hearings Official
hearing on an appeal.
4. The decision of the Hearings Official on the appeal shall be given in writing
not later than ten days after the hearing and such decision shall be final. Any
permit decision of the City Manager shall be an intermediate and non-final
order for purposes of judicial review under ORS 34.010 et. seq.
REQUIRED INFORMATION
The following information or material must be submitted with an appeal of a
permit approval or denial by the City Manager:
1. Name of condominium/cooperative conversion being appealed:
2. Date of decision by City Manager:
3. Date of filing of appeal:
Exhibit 17: Notice of Appeal
Condominium Conversion Permit
Decision of the City Manager
Page lof2
4. Please attach a written statement setting forth, in detail, how the Applicant
has not satisfied the conditions and obligations of the permit approval, or why
the information submitted by the Applicant is not true and correct, or why the
City Manager's decision was an abuse of discretion.
ACKNOWLEDGEMENT
I /We , the undersigned, do hereby acknowledge that IlWe have read the above
appeal form and its attachments and understand the requirements for filing an
appeal of permit approval or denial by the City Manager, and state that the
information supplied is as complete and detailed as is currently possible, to the
best of my/our knowledge.
APPELLANT
APPELLANT
Signature
Signature
Printed Name
Printed Name
Address
Address
Telephone Number
Telephone Number
Exhibit 17: Notice of Appeal
Condominium Conversion Permit
Decision of the City Manager
Page 2 of2