Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, September 30, 2016
As Many As 87-Lot-Leasing, Low-Income Residents Fear The Boot After Oregon Mobile Home Park Landlord Sends Notices Detailing Slew Of Improvements To Their Homes That Must Be Completed Within 30 Days To Dodge Eviction Proceedings
In Creswell, Oregon, The Creswell Chronicle reports:
Elderly, disabled and other low-income residents of Creswell Court Mobile Home Park – by some estimates as many as 87 of them – fear losing their homes after being served on or about Aug. 11 with notices detailing work that must be completed within 30 days to avoid eviction proceedings.
The park is located at 700 N. Mill St.
According to several residents who spoke at a Creswell Court resident meeting Sept. 1, work orders included repainting their homes an approved paint color, repairing fences, re-roofing, power-washing sidewalks and driveways, and removing everything from their carports except for their garbage cans – all within 30 days.
“Most of the people in here are retired and quite a few are disabled veterans; many are on fixed incomes or in the low- to medium-income range,” one resident said. “A lot can’t do the work themselves and don’t have the money to pay somebody to do the things they want us to do – especially that fast.”
The Chronicle sought comment and verification of these facts from Larry Kampfer, Principal Broker of Kampfer Enterprises, but received no response after several attempts.
“There is no story,” Richard Wyncoop, onsite manager, said. “We are just conducting business.” Wyncoop declined to comment or verify any information.
But according to residents, there is a story.
“There is a reason a lot of people move into these kinds of places,” resident Deb Thorsted said. “For some, mobile homes are the last rung to homeownership. Most of us can’t afford these repairs. (The landlords) are taking away our dignity.”
***
Jane Capron and Judy Morton of Manufactured Housing / Oregon State Tenants Association (MH/OSTA) attended the Sept. 1 meeting to help residents understand their rights while encouraging them to know their rights and organize.
“There are a lot of things that protect you,” said Capron, Lane District director. Capron suggested the residents form a committee of seven through OSTA, where residents could “without gripes, represent everyone in the park” and soundboard their collective concerns.
“There is power in organization,” she said.
Under Oregon Revised Statutes, a landlord may seek to evict a mobile or manufactured home owner who rents space in their park if the landlord believes the condition of the home is so deteriorated or in such disrepair that it does not meet reasonable park standards.
The landlord may also seek to evict if they believe the homeowner has violated a condition of their space rental agreement (for example, by failing to adequately maintain their space) or for breaking a reasonable and fairly enforced rule of the park, or any other law or ordinance.
In either case, the tenant can avoid eviction by correcting the identified issues within the time period allowed by law. In some cases, the tenant may get an extension if needed repairs cannot reasonably be made in the time allowed, and the tenant always has the right to a court hearing before being evicted.
Capron answered residents’ questions about particular circumstances, such as having too many items in a carport, leaving an air conditioner in a window for 11 months or having big items such as refrigerators or grills on the porches.
She reminded residents to read their contracts carefully, as not every resident has the same one, depending on when they moved in. Capron also said terms in such documents such as “disrepair” and “deterioration” are “vague and hard to define.”
“The landlord has the right to tell you to clean up your property, but it’s limited to what is actually in disrepair or deterioration… the landlord can’t demand you have to fix something that’s not broken,” she said.
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