(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:
(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.
(b) A statement that separately
identifies each required improvement and specifies:
(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.
(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;
(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;
(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
(E) The site
preparation requirements and restrictions, including, but not limited to,
requirements and restrictions on the use of plants and landscaping;
and
(c) Identification
of the improvements that belong to the tenant and the improvements that must
remain with the manufactured dwelling park.
(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:
(a) That tenant shall
not be required to make the non-disclosed site improvement(s) at any
time;
(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
(c) The landlord shall not impose any penalty
on the prospective tenant for failure to make the non-disclosed site
improvement(s).
(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) 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) The site improvement disclosure statement
shall contain a notice to the prospective tenant that:
(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;
(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
(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.]
