1. (1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park under ORS 90.510(4), the landlord must provide the prospective tenant with a written statement that discloses the improvements that the park will require under the rental agreement, pursuant to 90.510(5). This statement is called the "site improvement disclosure statement." The site improvement disclosure statement shall be attached as an exhibit to the rental agreement. The statement must be in a form that complies with this rule. The disclosures required by this rule shall be clear and conspicuous, and shall include at least the following:

   1. (a) A notice that the tenant has the right to select the provider (contractor) who will make the improvements;

      OFFICIAL COMMENTARY: The landlord may not impose any penalty on a prospective tenant related to the selection of any particular provider. However, the landlord may impose reasonable restrictions upon the prospective tenant in selecting the provider under ORS 90.525.

   2. (b) A statement that separately identifies each required improvement and specifies:

      1. (A) The dimensions, major structural materials and finish to be used. The landlord may provide a set of plans or specifications to satisfy this requirement;

         OFFICIAL COMMENTARY: For example, the site improvement disclosure statement for a certain park requires a "10’ x 12’ shed." Unless otherwise stated, the materials and construction need only comply with state and local building and structural codes and zoning standards. If the manufactured dwelling park requires other materials or a particular finish, the site improvement disclosure statement must so state.

      2. (B) The installation charges imposed by the landlord, if paid to or collected by the landlord. If an installation fee is not disclosed, it is waived by the landlord;
      3. (C) The installation fees imposed by government agencies, if paid to or collected by the landlord. If the landlord does not collect government fees, the landlord shall advise the prospective tenant whether such fees must be paid and identify the governmental agency to which the fees are paid;
      4. (D) The systems development charges to be paid by the tenant, if paid to or collected by the landlord. If the landlord does not collect systems development charges, the landlord shall advise the prospective tenant whether such charges must be paid and identify the governmental agency to which the systems development charges are paid; and
      5. (E) The site preparation requirements and restrictions, including, but not limited to, requirements and restrictions on the use of plants and landscaping; and
   3. (c) Identification of the improvements that belong to the tenant and the improvements that must remain with the manufactured dwelling park.

2. (2) If the landlord fails to disclose to a prospective tenant any required site improvement(s) as required under these rules and ORS 90.510:

   1. (a) That tenant shall not be required to make the non-disclosed site improvement(s) at any time;
   2. (b) The space is deemed to be in compliance with the manufactured dwelling park’s rules and regulations, statement of policy and rental agreement; and
   3. (c) The landlord shall not impose any penalty on the prospective tenant for failure to make the non-disclosed site improvement(s).
3. (3) The manufactured dwelling park landlord may use the form provided in this rule. If an alternative form is used by the landlord, it must comply with the requirements of this rule and ORS 90.512 to 90.518.
4. (4) Except as provided in ORS 41.740, the site improvement disclosure statement described in this rule shall contain all of the terms relating to improvements that a prospective tenant must make under the rental agreement. There may be no evidence of the terms of the site improvement disclosure statement other than the contents of the site improvement disclosure statement.

5. (5) The site improvement disclosure statement shall contain a notice to the prospective tenant that:

   1. (a) The site improvement disclosure statement represents the complete and full statement of all the improvements required to be made by the tenant under the rental agreement;
   2. (b) The site improvement disclosure statement, together with all other terms and conditions of a rental agreement, is a contract between the manufactured dwelling park landlord and the tenant; and

   3. (c) Any oral promise or other agreement that is not set forth in the site improvement disclosure statement may not be legally enforceable.

      OFFICIAL COMMENTARY: The landlord should have the tenant sign or initial the site improvement disclosure statement and retain a signed copy in the landlord’s files. [Form not included. See ED. NOTE.]

      [ED. NOTE: Forms referenced are available from the agency.]

Statutory/Other Authority

ORS 90.516 (2001 OL Ch. 282 §5) & 180.520(1)(c)

Statutes/Other Implemented

ORS 90.510 & 90.512 - 90.518 (2001 OL Ch. 282)

History

DOJ 2-2002, f. & cert. ef. 4-15-02