(a) To encourage manufactured dwelling park and marina residents and manufactured dwelling park and marina owners and managers to settle disputes among themselves without recourse, if possible, to either the court system or intervention by a state agency.
(b) To assist manufactured dwelling park and marina residents and manufactured dwelling park and marina owners and managers to develop alternative dispute resolution techniques including, but not limited to, providing technical advice in the area of mediation.
(c) To educate manufactured dwelling park and marina residents, owners and managers about issues and laws that affect manufactured dwelling park and marina tenancies for the purpose of assisting those persons in resolving disputes.
(2) The Legislative Assembly recognizes that a significant percentage of its citizens are manufactured dwelling park and marina residents, owners or managers and that a proposal which reduces the necessity of court resolution of certain disputes between these residents, owners and managers may help these citizens avoid the expense of going to court.
(3) All citizens of this state benefit when the courts are reserved for the resolution of the types of disputes for which no alternative dispute resolution exists.
(4) For some disputes, alternative dispute resolution is not effective and tenants must have recourse to legal representation and the courts. [Formerly 446.515]
Note: Sections 9, 10, 12 and 14, chapter 625, Oregon Laws 2019, provide:
Sec. 9. (1) The Housing and Community Services Department shall award grants to persons to provide legal representation to low-income facility tenants in addressing disputes involving legal matters arising under ORS chapter 90.
(2) The department may adopt rules and income level criteria to implement this program.
(3) In selecting entities for grants under this section, the department shall consider the experience and qualifications of the entities relating to:
(a) Representing tenants in disputes arising under ORS chapter 90;
(b) Serving tenants throughout the state, including by telephone or online communications or resources when appropriate; and
(c) Ability to network with other attorneys to leverage the available legal assistance.
(4) Total grant amounts awarded under this section may only come from the Manufactured and Marina Communities account under ORS 446.533 [renumbered 456.414] and may not exceed $200,000 per biennium. [2019 c.625 §9]
Sec. 10. (1) There is established the Manufactured and Marina Communities Dispute Resolution Advisory Committee.
(2) Members of the committee are appointed by the Director of the Housing and Community Services Department. The director shall have discretion to determine the number of committee members and the duration of membership. The committee membership must be geographically representative of all regions of this state and must include an equal number of representatives of landlords of facilities or their advocates and representatives of tenants of facilities or their advocates and at least one representative of a provider of mediation services.
(3) The committee shall:
(a) Advise the Housing and Community Services Department regarding the mandatory mediation required by section 8 of this 2019 Act [90.767] and the grants provided under section 9 of this 2019 Act.
(b) No later than September 15 of each even-numbered year, provide a report to the appropriate interim committees of the Legislative Assembly, in the manner provided under ORS 192.245, regarding the effectiveness of the mandatory mediation required by section 8 of this 2019 Act and the grants provided under section 9 of this 2019 Act and make recommendations regarding the continuation of mandatory mediation and the renewal of the grants. [2019 c.625 §10]
Sec. 12. Sections 9 and 10 of this 2019 Act are repealed January 2, 2024. [2019 c.625 §12]
Sec. 14. Sections 9, 10 and 14a [456.400] of this 2019 Act and ORS 446.380, 446.385, 446.390 and 446.392 are added to and made a part of ORS 446.515 to 446.547 [series became 456.400 to 456.433]. [2019 c.625 §14]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Section 456.005 - Definitions for ORS chapters 456 and 458.
Section 456.055 - Definitions for ORS 456.055 to 456.235.
Section 456.060 - Definition of "area of operation"; intergovernmental agreements.
Section 456.065 - Definition of "housing project."
Section 456.070 - Declaration of necessity for establishment of housing authorities.
Section 456.080 - Determination of need for housing authority.
Section 456.090 - Sufficiency of resolution; copy as evidence.
Section 456.095 - Appointment and qualification of commissioners of housing authorities.
Section 456.100 - Terms and compensation of commissioners.
Section 456.105 - Organization; officers; quorum; employees; legal services.
Section 456.120 - Powers of housing authority as public corporation.
Section 456.125 - Research, planning, construction and operation of housing projects.
Section 456.128 - Housing authority intellectual property.
Section 456.130 - Investigations, hearings and recommendations of authority.
Section 456.145 - Eminent domain.
Section 456.150 - Housing projects subject to local laws; consideration of other programs.
Section 456.153 - Involvement in mixed income housing project.
Section 456.155 - Policy regarding profit from projects; reserves.
Section 456.160 - Limitations as to rentals.
Section 456.180 - Liability on bonds; debt limitation.
Section 456.200 - Powers of authority in securing payment of bonds or lease obligations.
Section 456.202 - Short-term bond anticipation notes.
Section 456.205 - Enforcing rights of obligee of an authority.
Section 456.210 - Power of authority to confer additional rights upon obligee.
Section 456.215 - Financial aid and cooperation of federal government.
Section 456.235 - Dissolution of housing authorities.
Section 456.250 - Definitions for ORS 456.250 to 456.265.
Section 456.255 - Legislative findings.
Section 456.258 - Applicability; interpretation; rules.
Section 456.259 - Withdrawal notice to tenants.
Section 456.260 - First withdrawal notice to department and local government.
Section 456.263 - Right of first refusal; matching offer; third-party sale.
Section 456.264 - Remedy for failure to give notice.
Section 456.265 - Sanctions against withdrawing property owner prohibited.
Section 456.270 - Definitions for ORS 456.270 to 456.295.
Section 456.275 - Legislative findings.
Section 456.280 - Covenant creation, effect, conveyance, duration and termination.
Section 456.285 - Permissible provisions.
Section 456.290 - Validity of covenant.
Section 456.295 - Action affecting covenant.
Section 456.305 - Definitions for ORS 456.305 to 456.325.
Section 456.310 - Purpose; additional powers.
Section 456.315 - Powers of state public bodies in aiding or cooperating on housing projects.
Section 456.320 - Donations and loans to housing authority.
Section 456.355 - Definitions for ORS 456.355 to 456.370.
Section 456.360 - Purpose; additional powers.
Section 456.365 - Powers of city or county in aiding or cooperating on housing projects.
Section 456.375 - Definitions for ORS 456.375 to 456.390.
Section 456.378 - Housing Choice Landlord Guarantee Program; application; deadlines; rules.
Section 456.385 - Housing Choice Landlord Guarantee Program Fund.
Section 456.407 - Policy encouraging settlement of disputes.
Section 456.418 - Special assessment; lien; collection.
Section 456.426 - Functions of manufactured dwelling site information clearinghouse.
Section 456.429 - Scope of information collected.
Section 456.433 - Funding of clearinghouse.
Section 456.502 - Affordable Housing Land Acquisition Revolving Loan Program; rules.
Section 456.508 - Definitions for ORS 456.510 and 456.513.
Section 456.510 - Visitability requirements.
Section 456.513 - Exemption from visitability requirements.
Section 456.515 - Definitions for ORS 456.515 to 456.725 and ORS chapter 458.
Section 456.539 - Administration of Elderly and Disabled Housing Fund; rules.
Section 456.540 - Requirements for elderly housing project upon retirement of bond obligations.
Section 456.541 - Project applications for housing serving persons with disabilities.
Section 456.543 - Elderly and Disabled Housing Sinking Fund.
Section 456.548 - Definitions for ORS 456.548 to 456.725.
Section 456.559 - Powers and duties of department.
Section 456.561 - Loans, grants and funding awards; review.
Section 456.562 - Department intellectual property; fees.
Section 456.569 - Authority of Housing and Community Services Department to require fingerprints.
Section 456.571 - Powers and duties of council.
Section 456.572 - State housing plan; contents; annual update.
Section 456.576 - Self-Sufficiency Housing Fund.
Section 456.578 - Use of funds; petty cash fund.
Section 456.579 - Manufactured Dwelling Parks Account; restrictions; other moneys.
Section 456.581 - Uses of Manufactured Dwelling Parks Account; rules.
Section 456.582 - Prohibited acts; civil penalty.
Section 456.585 - Agriculture workforce housing information.
Section 456.594 - Definitions.
Section 456.595 - Petroleum supplier assessment; computation; effect of failure to pay; interest.
Section 456.597 - Oil-Heated Dwellings Energy Account.
Section 456.605 - Mortgage credit certificate program.
Section 456.607 - Definitions.
Section 456.608 - Rent Guarantee Program; rules.
Section 456.609 - Rent Guarantee Program Fund.
Section 456.612 - Declaration of financing purpose.
Section 456.620 - Duties of department in carrying out housing programs.
Section 456.623 - Project funding notification registry.
Section 456.630 - Services to qualified sponsors and institutions.
Section 456.635 - Commitments on residential loans.
Section 456.640 - Purchase of residential loans.
Section 456.645 - Revenue bonds.
Section 456.655 - When bonds not to be issued; debt service reserve; bond declaration.
Section 456.665 - Status of revenue bonds; negotiability; interest tax-exempt.
Section 456.675 - Bond provisions and limits; security for payment.
Section 456.685 - Bondholders’ remedies.
Section 456.690 - Loan authority of department; rules.
Section 456.692 - Loans financed through bonds secured by specific properties.
Section 456.705 - Servicing loans.
Section 456.710 - Payment of advances; use thereof; limitations.
Section 456.715 - Insurance of loans.
Section 456.717 - Interim construction financing for multifamily housing.
Section 456.720 - Housing Finance Fund; Housing Development Account.
Section 456.722 - Preferences in funding grants to low-income housing providers; rules.
Section 456.723 - Legislative finding on bonding authority of department.
Section 456.725 - Discrimination against purchaser with children prohibited; exceptions; rules.