HomeMy WebLinkAboutItem 3: PH on Ordinance Concerning Manufactured Dwelling Park Closures
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Manufactured Dwelling Park Closures; and
Amending Sections 2.1060 and 2.1086 of the Eugene Code, 1971
Meeting Date: June 25, 2007 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Richie Weinman
www.eugene-or.gov Contact Telephone Number: 682-5533
ISSUE STATEMENT
The council is asked to consider recommendations from the Housing Policy Board pertaining to closure
of manufactured home parks. Eugene was the first of four Oregon jurisdictions to provide protections
for tenants who own their own home and rent a space in a manufactured home park. Currently,
Eugene’s protections/benefits are limited to “special category” tenants in a very limited class of parks.
These limited protections have been substantially eroded due to inflation. The proposed amendments
attempt to strike a balance between the rights of the property owners and the risks to the homeowners.
The council conducted a work session on June 11, 2007. A minor clarification has been made to the
draft ordinance since the work session. The City Attorney, upon further review of their draft language,
recommends that the ordinance stipulate that the flat fee that is based on the federal relocation
compensation schedule (paid to owners who are unable to move their homes), be implemented through
an administrative order so that the flat fee can be updated to reflect future changes to the federal
relocation compensation schedule.
BACKGROUND
In 1989, Eugene adopted an ordinance that augments state statutes. Eugene’s ordinance applies only to
manufactured home parks located in flood plains or on land not residentially zoned. Furthermore,
Eugene’s ordinance only applies to “special category” tenants. Special category tenants are defined as
residents who are: 1) 70 years of age or older; 2) disabled; or 3) low-income. Low-income residents are
defined as households that earn 80 percent or less of Area Median Income.
In total there are at least 34 manufactured home parks in Eugene with 3,136 spaces. There is a very low
vacancy rate. Of these, 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. Under state law, the
park owner must provide a written notice to tenants either 180 days or 365 days prior to a park closure.
If the park owner elects to use the 180-day notice period, the owner must pay each tenant the lesser of 1)
actual costs for moving their unit, or 2) $3,500. Most parks elect a 365-day notice. In 2005, the state
created a tax credit for residents of manufactured home parks who are forced to move as a result of a
park closure. Resident households with incomes of $60,000 or less may receive up to $10,000 in tax
credits. For those who qualify under Eugene’s current ordinance, if an owner uses the 365-day notice,
the park owner must pay the state-required moving costs for special category tenants only. If the park
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owner elects to use a 180-day closure notice, they must also locate a space for the tenant to move their
unit to and pay moving costs. The ordinance also requires the park owner to hire a housing counselor to
help special category tenants apply for moving costs.
When the City originally adopted protections, it recognized the needs of special category tenants. The
thinking at the time was that other tenants had more options. The ordinance was also limited to parks
anticipated to eventually close because of their location. Today, land prices are higher, and flat, easily
buildable parcels all over the City are increasingly attractive for redevelopment. Manufactured home
parks occupy some of these flat, easy-to-build-on parcels. Risk to park residents has become a national
issue. Park owners may wish to retire or take financial advantage of their investment when offered an
opportunity. In some cases, tenants may wish to collectively purchase the park they live in. However,
legal remedies at the state level are needed to facilitate the financing options. Furthermore, there are
examples in Oregon and elsewhere of situations in which the sale price far exceeded the ability of
tenants to purchase the park themselves.
If a park closes, homeowners can be faced with a bleak situation. They may not have any place to move
their home, as new parks are rarely created. Or, tenants may discover that their home cannot be moved
due to its age or condition. Sometimes these homeowners have been required by their park to invest in
expensive “park packages” that include paying for a driveway, a patio, or a car port. If the park closes,
they may be left with a debt in addition to a devalued home.
Two parks have closed under the City’s current ordinance. No existing Eugene parks have indicated any
plans to close. However, many tenants are concerned about their future and have followed this issue
closely. The Housing Policy Board (HPB) examined this issue and appointed a committee to study the
problem and make recommendations. City Councilor Jennifer Solomon chaired the committee. The
committee included a park owner, a park manager, tenants, and the HPB chair, John Van Landingham.
The committee members met eight times during a seven-month period. They listened to public
testimony and debated emotionally charged issues. The HPB’s recommendations attempted to
acknowledge and balance the rights of property owners and the concerns of tenants.
The proposed amendments, which would apply Eugene’s ordinance to all tenants who own their home,
are summarized in Attachment B. Attachment B also shows a comparison of these amendments and HB
2735 and SB 17A, which are currently being considered by the State Legislature.
The ability of the City to act is impacted by the Oregon legislature. They are considering bills that were
drafted by a coalition including park owners and tenant advocates. The same bill was introduced in both
the Senate (SB 17) and the House (HB 2735). The coalition’s bill provides statewide protections but
would also preempt local jurisdictions from passing their own ordinances. One amended version of the
bill would grandfather in jurisdictions that adopt legislation that takes effect prior to October 1, 2007.
The Oregon Legislature is likely to complete its session prior to the scheduled City Council action.
Response to Questions Raised at the City Council Work Session
1.Councilor Bettman raised the issue of tenant notification. The ordinance requires that park owners
provide tenants with written notice not less than 365 days before the closure date. A park owner first
gives notice to tenants and the City of their intent to close the park. Following notice of intent to
close, the park the owner must apply to the City for a closure permit. The owner must submit the
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permit application to the City no sooner than 30 days, and no later than 60 days, after providing the
notice of intent to close. The owner must post a copy of the entire application in a conspicuous
place within the manufactured dwelling park. The City has 30 days to review the application and
issue a report. The owner must also post a copy of the staff report. The City Manager then may
issue or deny the requested permit. If the permit is issued, , the park owner must promptly notify
each affected tenant in writing of the decision and the City will notify each property owner within
100 feet of the decision. The City’s decision may be appealed within 10 days by any person affected
by the decision.
2.Councilor Bettman had questions regarding the possible waiver of system development charges
(SDC). During the council’s work session, staff explained the discussion and compromises from the
Housing Policy Board Committee that led to these recommendations. Some on the committee
advocated for the park owner, homeowner, state and local jurisdiction (City) to each share in the
financial solution for assisting displaced homeowners. Staff reported to the council that the only
identified portion that may actually fall to Eugene was a potential SDC credit that could be
transferred from the old development to the new development. As a clarification, no SDC credits are
included in the draft ordinance or staff recommendations. Rather, this is only an option that is
sometimes available in any redevelopment situation -- where some infrastructure improvements have
already been paid for at the site and therefore, constitute a credit toward those assessed on new
development.
3.Mayor Piercy asked for a comparison of the benefits of the City’s proposed ordinance amendments
and the proposed state legislation. This comparison is provided in a chart attached as Attachment B
to this 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.
RELATED CITY POLICIES
The City’s 2007 Legislative Policies, V.B2 supports legislation that provides assistance to residents
when manufactured home parks are closed.
The City currently has an ordinance in place. This action would amend the ordinance so that it is more
responsive to current issues and needs.
Two of Eugene’s Growth Management Policies apply to manufactured home park closures:
Policy 7: Provide for a greater variety of housing types.
Policy 9: Mitigate the impacts of new and/or higher density housing, in-fill, and redevelopment on
neighborhoods through design standards, open space and housing maintenance programs,
and continuing historic preservation and neighborhood planning programs.
COUNCIL OPTIONS
The council may adopt, amend, or reject this proposal. Action is tentatively scheduled for July 9, 2007.
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CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of an ordinance concerning manufactured dwelling park
closures; and amending sections 2.1060 and 2.1086 of the Eugene Code, 1971.
SUGGESTED MOTION
No motion is suggested; this is a public hearing only.
ATTACHMENTS
A. Draft Ordinance
B. State Legislation/City Ordinance Comparison Chart
C. Housing Policy Board Committee Roster
FOR MORE INFORMATION
Staff Contact: Richie Weinman, Urban Services Manager
Telephone: 682-5533
Staff E-Mail: Richie.d.weinman@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ___________
AN ORDINANCE CONCERNING MANUFACTURED
DWELLING PARK CLOSURES; AND AMENDING
SECTIONS 2.1060 AND 2.1086 OF THE EUGENE CODE,
1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The caption and first sentence of Section 2.1060 of the Eugene
Code, 1971, and the caption preceding it are amended; the definitions contained therein
of “Affected tenant,” “Disabled person,” “Elderly person,” “Hearings officer,” “Low
income person,” “Moving expenses,” “Permit,” and “Rental agreement” are amended;
and the definitions of “Alternative housing,” “Conversion (manufactured dwelling park),”
“Manufactured dwelling,” “Manufactured dwelling park,” “Manufactured dwelling park
owner or park owner,” and “Tenant (manufactured dwelling park)” are deleted
therefrom, to provide as follows:
Condominium [and Manufactured Dwelling Park] Conversion
2.1060 Condominium [and Manufactured Dwelling Park] Conversion -
Definitions.
In sections 2.1060 to [2.1086] 2.1084 of this code, the following
words and phrases mean:
Affected tenant.
Any tenant who resides in a building to be converted at the
time of notice of planned conversion[, or who is a tenant of a manufactured
dwelling park at the time of notice of park closure].
[Alternative housing.
Manufactured dwelling or other housing which is
reasonably similar to the manufactured dwelling occupied or owned by the
special category tenant or a manufactured dwelling space which is
reasonably similar to the space then occupied by the special category tenant
in terms of location, price, proximity to services, general amenities, and any
other factors identified in administrative rules issued hereunder. Housing or
a manufactured dwelling space is not reasonably similar if it is located in a
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manufactured dwelling park for which a notice of park closure has been
given or for which reasonable evidence exists that the owner of the
manufactured dwelling park is contemplating conversion to other uses.]
[Conversion (manufactured dwelling park).
The termination of a rental
agreement for a manufactured dwelling and/or manufactured dwelling space
by the manufactured dwelling park owner for the purpose of ending
manufactured dwelling residential uses of the park and either beginning
different land uses or selling the property, which conversion is not required
by the exercise of eminent domain or by order of state or local agencies; or,
the obtaining of a building permit for a structure located on a site previously
used as a manufactured dwelling park within the past two years.]
Disabled person.
A person who has, at the time of issuance of a
condominium conversion permit [or manufactured dwelling park conversion
permit,] a mental, emotional or physical disability or illness of more than a
temporary duration that:
(a) Substantially impairs his or her ability to move about to find or maintain
a housing unit without the use of external aids (e.g., wheelchair, cane,
walker, guide dog) or without another person's assistance, or without
pain; 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 or her ability to make decisions or manage his or 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, 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 percent disability.
Elderly person.
A person who is 70 years of age or over at the time of the
notice of planned conversion[ or notice of park closure].
Hearings officer.
A person appointed by the city manager to decide
contested issues arising under sections 2.1060 to [2.1086] 2.1084 of this
code.
Low income person.
A person who, at the time of notice of planned
conversion[ or notice of park closure], has a current income equal to or less
than 80% of the median income on a yearly basis determined for Lane
County by the Department of Housing and Urban Development or its
successor.
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[Manufactured dwelling.
As that term is defined by section 9.015 of this
code.]
[Manufactured dwelling park.
As that term is defined in section 9.015 of
this code.]
[Manufactured dwelling park owner or park owner.
The owner, lessor,
sub-lessor or manager of a manufactured dwelling park.]
Moving expenses.
[For condominium tenants, a A fixed sum of money
based on the number of rooms of furniture that is intended to cover the cost
of moving the tenant's possessions to another location within the urban
growth boundary exclusive of expenses attributable to packing and
unpacking. For elderly or disabled tenants moving expenses include an
additional fixed sum of money intended to cover the costs of packing and
unpacking. [For manufactured dwelling tenants, a sum of money
representing the actual costs for moving the tenants possessions and a
tenant’s manufactured dwelling to another location within the urban growth
boundary. In the case of manufactured dwelling moving expenses, eligible
expenses also include removal and reinstallation of skirting, disconnecting
utilities, disconnecting and removing awnings and decks from the
manufactured dwelling, trip permit and public inspection fees, transportation
costs, set up charges, utility connection expenses and fees, unit
improvements to meet destination park standards, unit improvements to
meet state structural specialty codes, and temporary housing and meals for
the tenant and permanent occupants during unit relocation and set up.] The
amount of moving expenses shall be set by administrative rules issued
hereunder.
Permit
. A condominium conversion permit [or manufactured dwelling park
closure permit] issued by the city manager under section 2.1066 [or 2.1086]
of this code.
Rental agreement.
All written or oral agreements[, and valid rules and
regulations adopted under ORS 90.262 as amended on or before January 1,
1991, embodying the terms and conditions concerning the use and
occupancy of a manufactured dwelling or manufactured dwelling space].
[Tenant (manufactured dwelling park).
A person entitled under a rental
agreement to occupy, to the exclusion of others, a manufactured dwelling or
manufactured dwelling space in a manufactured dwelling park.]
Section 2.
A caption is hereby added, and Section 2.1086 of the Eugene Code,
1971, is amended to provide:
Ordinance -
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MANUFACTURED DWELLING PARK CLOSURES
2.1086 Manufactured Dwelling Park Closures.
(1)
Definitions. As used in this section 2.1086, the following words
and phrases mean:
Affected tenant. A person who owns and occupies a
manufactured dwelling in a manufactured dwelling park and is
entitled under a rental agreement to occupy, to the exclusion of
others, a manufactured dwelling space in a manufactured dwelling
park at the time notice of park closure is given. A person who
rents, but does not own the manufactured dwelling located in a
manufactured dwelling park is not an “affected tenant” for
purposes of this section.
Alternative housing. A manufactured dwelling or other housing
which is reasonably similar to the manufactured dwelling owned
and occupied by the affected tenant, or a manufactured dwelling
space which is reasonably similar to the space then occupied by
the affected tenant in terms of location, price, proximity to
services, general amenities, and any other factors identified in
administrative rules issued hereunder. Housing, or a
manufactured dwelling space, is not reasonably similar if it is
located in a manufactured dwelling park for which a notice of park
closure has been given or for which reasonable evidence exists
that the owner is contemplating conversion to other uses.
City manager. The city manager or the manager’s designee.
Conversion. The termination of a rental agreement for a
manufactured dwelling and/or manufactured dwelling space by the
manufactured dwelling park owner for the purpose of ending
manufactured dwelling residential uses of the park and either
beginning different land uses or selling the property, which
conversion is not required by the exercise of eminent domain or
by order of state or local agencies; or, the obtaining of a building
permit for a structure located on a site previously used as a
manufactured dwelling park within the past two years.
Hearings officer. A person appointed by the city manager to
decide contested issues arising under this section 2.1086.
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Manufactured dwelling. Includes: a manufactured home
constructed for movement on the public highways that has
sleeping, cooking and plumbing facilities, that is intended for
human occupancy, that is being used for residential purposes and
was constructed in accordance with federal manufactured housing
construction and safety standards and regulations in effect at the
time of construction; a residential trailer, a structure constructed
for movement on the public highways that has sleeping, cooking
and plumbing facilities, that is intended for human occupancy,
that is being used for residential purposes and was constructed
before January 1, 1962; a mobile home meeting the above
requirements that was constructed between January 1, 1962 and
June 15, 1976 and met the construction requirements of Oregon
mobile home law in effect at the time of construction, and a
manufactured home meeting the above requirements. A
“manufactured dwelling” does not mean any building or structure
constructed to conform to the State of Oregon Structural Specialty
Code or the One and Two Family Dwelling Code adopted pursuant
to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit
identified as a recreational vehicle by the manufacturer.
Manufactured dwelling park. Any place where 4 or more
manufactured dwellings or manufactured homes are located
within 500 feet of one another on a lot, tract or parcel of land under
the same ownership, the primary purpose of which is to rent or
lease space or keep space for rent or lease to any person for a
charge or fee paid or to be paid for the rental or lease or use of
facilities or to offer space free in connection with securing the
trade or patronage of such person. “Manufactured dwelling park”
does not include a lot or lots located within a subdivision being
rented or leased for occupancy by no more than 1 manufactured
dwelling per lot if the subdivision was approved by the city, but
does include a “manufactured home park.”
Manufactured dwelling park closure. The termination of rental
agreements by the park owner so that the park owner can either
close the park or convert the park to a different use.
Manufactured dwelling park owner or park owner. The owner,
lessor, sub-lessor or manager of a manufactured dwelling park.
Moving/relocation expenses. A sum of money as established in
subsection (8) of this section and administrative rules issued
hereunder that is intended to compensate affected tenants for
losses incurred as a result of a manufactured dwelling park
conversion or closure.
Ordinance -
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Permit. A manufactured dwelling park closure permit issued by
the city manager under this section 2.1086.
Rental agreement. All written or oral agreements, and valid rules
and regulations adopted under ORS 90.262 embodying the terms
and conditions concerning the use and occupancy of a
manufactured dwelling or manufactured dwelling space.
(1)
2 Intent. It is the intent of these provisions to mitigate the adverse effects
of displacement on affected tenants [in] of manufactured dwelling
parks that will close or convert to a different use.
(2)
3 Scope of Regulations. This [S]section 2.1086 [of this code] shall be
applicable to [the conversion of a] manufactured dwelling park closures
and conversions. [to a different use or use if the park is:
(a) Located in an area designated for non-residential use(s) in the
Metropolitan Area General Plan or applicable neighborhood
refinement plans; or
(b) Zoned primarily for non-residential uses; or
(c) Located in whole or in part in the 100 year flood plain as shown on
the Federal Insurance Administration Flood Insurance Rate Map.]
(3)
4 Limitations. Notwithstanding any other provision of law, no person may
close or convert, nor shall the city permit the closure or conversion of,
any manufactured dwelling park to a different use unless a
manufactured dwelling park closure permit has been obtained and a fee
paid in the amount set by the city manager under section 2.020 of this
code.
(4)
5 Closure Permit Process.
(5)
a Notice of Park Closure.
(a)1. The park owner shall provide a written notice of park
closure to affected tenants of the manufactured dwelling
park prior to any closure or conversion of the manufactured
dwelling park. The notice shall be given [at the times
specified in ORS 90.630 (as amended on or before January
1, 1991)] not less than 365 days before the closure date
designated in the notice. The notice shall contain the date
of park closure, date of termination of tenancy, information
on tenant rights and benefits and park owner duties under
state and local law, and any other information required by
state law, this code, or administrative rules issued
hereunder.
(b)2. After the notice of park closure has been given to affected
tenants, all prospective tenants of the manufactured dwelling
park shall be given written notice of the park closure prior
to entering into a rental agreement. The notice shall
disclose the estimated date of park closure and
[unavailability of] that relocation benefits will not be
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available for such prospective tenants under this code.
3. The written notice of park closure shall be delivered to
the city in the manner prescribed by administrative rule
at the same time the notice is provided to affected
tenants.
(b) Application. No later than 60 days after the filing of notice of
closure, the park owner, or the park owner’s agent (the
“applicant”) shall apply for a park closure permit on a form
prescribed by the city manager. The application shall include
all information and documents required by administrative rule
issued hereunder and shall include an application fee in an
amount set by the city manager. The applicant shall promptly
post a copy of the entire application in a conspicuous place
within the manufactured dwelling park. [The procedures and
requirements of sections 2.1066(1), 2.1066(2), 2.1066(3),
2.1066(4), 2.1066(6), 2.1074(6), and 2.1076 (1) of this code as they
apply to condominium conversion permits shall apply to the
application, staff review, approval, appeal, reapplication, revocation
and dispute resolution for a manufactured dwelling park closure
permit.]
(c) Staff review. Within 30 days from the receipt of a completed
application the city shall issue a staff report on the applicant's
compliance with conditions for approval of the permit. The
staff report shall be sent to the applicant who shall have 7
days after receipt to submit additional information or material.
The applicant shall promptly post a copy of the staff report in a
conspicuous place within the manufactured dwelling park.
(d) Permit approval. Within 14 days after the issuance of the staff
report the city manager shall approve or deny the permit.
Within five days of the decision the city shall notify the
applicant in writing of the decision. The applicant shall
promptly notify each affected tenant in writing of the decision
of the city manager on the permit application. In addition, the
city manager shall mail, by first class mail, a notice of the
decision and of the opportunity to appeal to owners and
occupants of property located within 100 feet of the property
on which the subject manufactured dwelling park is located
and to persons who have requested notification. The city
manager shall issue a manufactured dwelling park closure permit if
the manager finds that the park owner has completed or is
contractually obligated to the city to complete the obligations
imposed by this section [of the code] 2.1086. [It shall be grounds
for denial of a permit that the park owner has evicted more than
one special category tenant for a reason not specified in ORS
90.630 as amended on or before January 1, 1991 during the year
preceding the notice of park closure.] No permit shall be
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transferred or sold unless such transfer or sale is first
approved by the city manager. Unless appealed, the city
manager's decision is effective on the eleventh day after
notice of the decision is mailed.
(e) Appeal of permit decision.
1. Within ten days of the date that notice of the permit
decision is mailed by the city manager, it may be appealed
to the hearings official by the owner, applicant, a party, an
affected tenant, or a person entitled to notice from the city
under subsection (5)(c) of this section. Such appeal shall
be instituted by filing a notice of appeal on a form to be
provided by the city.
2. Within 45 days of the notice of appeal, the hearings officer
shall conduct a public evidentiary hearing on the permit
approval or disapproval action of the city manager. The
hearing notice and procedures shall conform with the
requirements for quasi-judicial hearings provided in
sections 9.7065 to 9.7095 of this code. At least 20 days
prior to the hearing, the city shall mail notice thereof to the
applicant, appellant, persons who requested notice of the
city manager's decision, and to persons entitled to notice
from the city under subsection (5)(c) of this section.
3. Such appeal shall be limited to the issues of whether the
applicant has satisfied the conditions and obligations of
the permit approval, whether approval or denial of the
permit was an abuse of discretion by the city manager, and
whether the information supplied by the applicant in
connection with the application is true and correct.
(f) Revocation of closure permit. A permit may be revoked
after notice and a contested case hearing before a
hearings officer upon a written finding of fact that the park
owner has:
1. Failed to comply with the terms of a cease and desist
order;
2. Been convicted in any court subsequent to the filing
of the permit application for a crime involving fraud,
deception, false pretenses, misrepresentation, false
advertising, or dishonest dealing in real estate
transactions;
3. Disposed of, concealed, or diverted any funds or
assets of any person so as to defeat the rights of
affected tenants;
4. Intentionally or repeatedly failed to perform any
stipulation or agreement made with the city as an
inducement to grant or reinstate any permit;
5. Made intentional misrepresentations or concealed
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material facts in an application for a permit; or,
6. Intentionally or repeatedly violated any provision of
this section 2.1086.
Findings of fact shall be accompanied by a concise and
explicit statement of the underlying facts supporting the
findings. A determination of a hearings officer on a
revocation of a permit shall be final.
(6)
Provision of Housing Information. After notice of park closure to [an]
affected tenants, a park owner shall create, maintain, and make
available to all affected tenants a current survey showing the total
number of manufactured dwelling spaces, the number of vacant
manufactured dwelling spaces, rent schedules, and available
manufactured dwellings for sale in manufactured dwelling parks located
within the urban growth boundary shown on the Metropolitan Area
General Plan. The park owner shall update this information at least
every four months, or at such intervals [provided for] as required in
administrative rules issued hereunder. The survey [contents shall be
subject to] shall contain such information as required by the
administrative rules issued hereunder.
(7)
Relocation Costs. After the notice of park closure is given, a park
owner shall [pay all of the eligible moving expenses of qualified affected
tenants. To qualify, an affected tenant must reside in a household
whose income at the time of notice of park closure is at or below the
annual median income for a household of that size in Lane County as
determined by the Department of Housing and Urban Development or
its successor (median income). Eligible moving expenses shall be all or
part of the affected tenant's actual moving expenses or a maximum
cost set by administrative rule, whichever is less. The percentage of a
tenant's actual moving expense that is an eligible moving expense is:
100%, if the tenant's household income is at or below 50% of the
median income; 50%, if the tenant's household income is at or below
75% and above 50% of the median income; and, 25%, if the tenant's
household income is at or below 100% and above 75% of the median
income.] compensate affected tenants for their losses and
relocation costs incurred due to the park closure as follows:
(a) If the manufactured home can be moved from the park, the
park owner shall pay the affected tenant, at the affected
tenant’s option, and subject to subsection (c), either:
1. The affected tenant’s actual costs incurred for moving
the manufactured home to a location within 60 miles
from its present location, using the most direct and
economical route. Payment will be made within 10 days
of receipt by the park owner of a statement reflecting the
amount of the costs incurred; or
2. A flat dollar amount, to be paid prior to the park closure
and removal of the manufactured home from the park of:
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a. $11,000 for a single wide home;
b. $17,000 for a double wide home; and
c. $21,000 for a triple wide home.
The amounts established in this subsection shall be
periodically adjusted by administrative order of the city
manager to reflect changes in the Consumer Price
Index.
(b) If for any reason the manufactured home cannot be moved,
prior to the park’s closure the park owner shall pay to the
affected tenant, at the affected tenant’s option, and subject to
subsection (c) either:
1. A payment equal to the real market value of the
manufactured home as determined by the Lane County
Assessor, plus a flat dollar amount to be established by
administrative order of the city manager, based on the
recommendation of the Housing Policy Board, for the
costs of moving the affected tenant’s personal property; or
2. A flat dollar amount to be established by administrative
order of the city manager, that is equivalent to the amount
determined by the federal government for relocation
compensation, with a single wide manufactured home
considered the equivalent of a two room home; a double
wide manufactured home equivalent to a three room home;
and a triple wide manufactured home equivalent to a four
room home.
3. From the amounts determined due under either 1. or 2.
above, the park owner shall first deduct a portion of the
park owner’s costs incurred in disposing of the abandoned
manufactured home consisting of $1,000 for disposing of a
single wide manufactured home, $2,000 for disposing of a
double wide manufactured home, and $3,000 for disposing
of a triple wide manufactured home. The disposal
allowances provided herein may be periodically adjusted
by administrative order of the city manager to reflect
changes in the Consumer Price Index.
(c) The net amount to be paid by the park owner to an affected
tenant under subparagraphs (a) or (b) of this section may be
subject to an adjustment if:
1. There is a state subsidy payment available to an affected
tenant at the time notice of park closure is given, the
amount of the subsidy shall be deducted from the amount
determined due the affected tenant under subparagraphs
(a) and (b) of this section in arriving at the net amount due.
2. The manufactured dwelling park for which the notice of
closure is given is located in an industrial or commercial
Ordinance -
10
zone or flood plain, the amount determined due shall be
reduced by 50%.
(8)
[Benefits to Special Category Tenants] Housing Counselor. The park
owner shall hire a person or entity as a housing counselor for affected
tenants who [are also special category tenants. The housing counselor]
shall [perform the following services for special category tenants on
behalf of the park owner] assist affected tenants with moving and
relocation assistance claims. In addition to any other duties that
may be assigned, the housing counselor shall:
(a) [Determine special category tenant eligibility by conducting tenant
surveys, keeping records, and preparing reports as the city
requires.
(b)] Explain moving and relocation benefits to [special category]
affected tenants.
(cb) Act as a housing referral resource by providing [special category]
affected tenants with a list of alternative manufactured dwelling
parks and other available housing.
(dc) Provide assistance in locating and securing alternative housing
[based on special category tenant needs].
[(e) Seek alternative housing to meet special category tenant needs
by maintaining an inventory of potential spaces in parks and
vacancies in alternative housing, possibly including on-site visits
to determine those most suitable.]
(fd) Assist [special category] affected tenants in viewing spaces in
parks or alternative housing.
(ge) Assist [special category] affected tenants in understanding rental
agreements.
(hf) Assist [special category] affected tenants [to] with arrangements
for moving. After notice of park closure is given, no [special
category] affected tenant shall be evicted for a reason not
specified in ORS 90.630[, as amended on or before January 1,
1991,] from the manufactured dwelling park or required to pay
more rent than the rent charged for a comparable manufactured
dwelling or space in the manufactured dwelling park.
(9) Retaliation Prohibited. If an owner has as his or her dominant
purpose retaliation against an affected tenant because of the
exercise by the affected tenant of rights under this section 2.1086,
because the tenant has expressed an opinion on any matter
relating thereto, and the tenant is not in default in payment of his
or her rent or otherwise in breach of the rental agreement, the
owner may not recover possession of the manufactured dwelling
park space in any action or proceeding, cause the tenant to quit
involuntarily, or increase the rent or decrease any services to that
tenant.
(9)
10 Enforcement. [The city shall have the general enforcement powers with
respect to this section of the code as is provided by section 2.1078(2)
Ordinance -
11
with respect to condominium conversion.] If it appears that a person
has engaged in or is about to engage in an act or practice
constituting a violation of any provision of this section 2.1086, or
rule, regulation or order thereunder, or failed to faithfully perform
any stipulation of agreement made with the city as an inducement
to grant or reinstate any permit, the city, with or without any prior
administrative proceedings, may bring an action in the Circuit
Court for Lane County to enjoin the acts or practices and to
enforce compliance with this section 2.1086 or any rule,
regulation, order, or contract thereunder. Any person who converts
a manufactured dwelling park without a permit shall be guilty of a
violation. Any person who willfully makes an untrue or misleading
statement of material fact or willfully omits to provide required data on
any document prepared pursuant to this section of the code shall be
guilty of a violation. The penalty for any such violation shall be as
provided in section 2.1990(5) of this code.
(10)
1 Rulemaking Authority. The city manager is authorized to promulgate
any rules necessary for the implementation of this section of the code.
These rules shall be adopted in the manner provided for in section
2.019 of this code.
Section 3.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of _____________, 2007
___________________________ ____________________________
City Recorder Mayor
Ordinance -
12
ATTACHMENT B
Summary of Significant Differences Between
City’s Proposed Ordinance and HB 2735/SB 17A
City of Eugene State of Oregon
Proposed Ordinance HB 2735/SB 17A
Applicability – All manufactured dwelling parks. Same as the City’s proposed ordinance – all
Parks manufactured dwelling parks.
Manufactured dwelling park is defined, in part, as any
place where 4 or more manufactured dwellings or homes Manufactured dwelling park is defined, in part, as any
are located. place where 4 or more manufactured dwellings or
homes are located.
Applicability – Anyone who owns and occupies a manufactured dwelling Same as the City’s proposed ordinance.
Tenants in a manufactured dwelling park and is entitled under a
rental agreement to occupy, to the exclusion of others, a
manufactured dwelling space in a manufactured dwelling
park at the time notice of park closure is given.
Permit A park owner must obtain a permit from the City Manager No permit requirement.
Requirement prior to closing a park.
Notice A park owner must provide all affected tenants and the A park owner must provide all affected tenants, the
Requirement City notice of intent to close the park 365 days prior to the Office of Manufactured Dwelling Park Community
intended closure date. Relations, anyone that is not a tenant but that the owner
knows to be an owner of a manufactured dwelling, and
The notice of intent to close and the closure application all lien holders notice of intent to close the park 365
must be posted at the park in a conspicuous place. days prior to the intended closure date.
If the permit is issued, a park owner must notify all If an owner closes a manufactured dwelling park to
affected tenants, in writing, of the decision. convert the park to a subdivision under ORS 92.830 to
92.845 the owner may terminate a rental agreement by
The City must notify all property owners within 100 feet of giving the tenant not less than 180 days notice in
park of the decision to issue a closure permit. writing.
Appeal Rights The permit decision can be appealed within ten days of No appeal rights.
permit issuance.
Counseling The park owner is required to hire a housing counselor to No housing counselor required.
Assistance assist residents with moving and with any relocation
assistance claims.
Compensation If the Manufactured Home can be moved from the park, Landlord must pay each resident in advance of moving
the resident shall receive, at the resident’s option, either: a. $5,000 for a single-wide MH
1. Actual moving costs for a location within 60 b. $7,000 for a double-wide
miles, using the most direct and economical route c. $9,000 for a triple or larger
(retroactive payment, after moving); or
2. A flat amount (paid in advance of the closing) at Payments in are to be adjusted annually per CPI by
the following rate: OHCS. Payments are not taxable income to the
a. $11,000 for a single wide home resident.
b. $17,000 for a double wide home
c. $21,000 for a triple wide home These
amounts shall be periodically adjusted by the
City Manager to reflect changes in the
Consumer Price Index.
If the Manufactured Home cannot be moved, for whatever
reason, the resident shall receive (paid in advance of
closing), at the resident’s option, either:
1. A payment equal to the real market value, of the
Manufactured Home, as determined by the
assessor plus a flat amount for moving costs of
personal property (set by the HPB and adjusted
by the City Manager for inflation); or
2. A flat amount based on the federal government’s
relocation compensation schedule. A single
wide will be considered equivalent to a two
room home, a double wide will be equivalent to
a three room home, and a triple wide equivalent
to a four room home.
Residents of parks in industrial or commercial zones or
flood plains are entitled to 50% of the assistance.
Payment to a tenant in any park shall be paid after
deducting a portion of the owner’s costs to dispose of the
abandoned Manufactured Home. The deduction payment
for disposing of a single wide shall be $1,000; double
wide, $2,000 and triple wide, $3,000.
Misc. Prohibits retaliation against a tenant for exercising his/her Extends the sunset date on the current $10,000 tax
Provisions rights under the code or expressing an opinion related to credit for residents displaced by a closure. Expands it to
the park closure. be available and refundable to all displaced residents,
regardless of income or whether they are able to move
their homes (also in HB 2600).
Extends the sunset on the capital gains break for
landlords who sell to entities that will preserve the park
(also HB 2600).
Clarifies the law regarding closures: only for conversion
to another use; copy of notice to Oregon Housing and
Community Services (OHCS) and known lenders;
spells out contents of notice, including information on
adjusting assessed values of Manufactured Homes.
5-year property tax assessed valuation freeze on park
land after closure.
Prohibits
?
The above-information is only a summary of the differences between the City’s proposed ordinance and the state legislation. If
you would like additional information regarding the state legislation please contact Richie Weinman at 682-5533 or
Richie.d.weinman@ci.eugene.or.us
?
The only difference between HB 2735 and SB 17A is that SB 17A5 preempts all local ordinances and HB 2735 grandfathers in
local ordinances that are effective prior to October 1, 2007.
ATTACHMENT C
HPB Manufactured Home Park Committee Members
Jennifer Solomon James Koenig
777 Pearl Street #105 29720 Jeans Rd, #41
Eugene, Or 97401 PO Box 895
461-3518 Veneta, Or 97487
Jennifer.l.solomon@ci.eugene.or.us 935-1558
jkoenig@cswinet.com
John Van Landingham
th
170 E. 11 Tom Bruton
Eugene, OR 97401 2314 Maia Loop
485-1017 Springfield, OR 97477
johnvl@lclac.org 741-7563
Troy Brost
2560 Pioneer Pike
Eugene, Or 97401
232-3363
(business address: 4055 Songbrook #161 -
461-4000)
Jerry Hardin
1450 Candlelight Dr #224
Eugene, OR 97402
688-2863
Mail4jah@clearwire.net
Mike Whitty
3220 Crescent Ave #90
Eugene, OR 97408
344-0408 h
984-0029 w
915-5860 cell
mowhitty@earthlink.net
janmike63@msn.com
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