Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Facility owner(s) and landlord's agent(s) shall deliver written notification of
their intent to place the facility for sale no less than 15 calendar days prior
to publicly marketing the facility for sale or 10 calendar days from the date
the facility owner(s) or landlord's agent(s) has received an offer to purchase
the facility, whichever comes first, to:
(a)
All tenants and facility owner(s) of manufactured homes or floating homes
within the facility;
(b) The
tenant's committee, if a tenant's committee exists, and with which the facility
owner(s) or landlord's agent(s) has formally met within the calendar year
immediately preceding delivery of the notice;
(c) The Department's MMCRC.
(2) Notification under this rule
shall include all required information listed in ORS
90.842; and
(a) Contact information for the Department's
MMCRC, including complete copies of, or web address links to OAR 813 Divisions
27 and 65; and
(b) Property
information that would customarily be included in property marketing materials,
real estate listings, or provided to prospective purchasers and shall include:
(A) Asking price for the facility, or offer
price if the facility owner(s) has received an offer to purchase that the
facility owner(s) intends to consider; and
(B) Property information available via public
record such as zoning, lot size, publicly recorded and published facility
owner(s) information, property tax, and liens; and
(C) Contact information for all individuals
or agencies that represent the facility owner(s) or landlord agent(s) in
marketing or facilitating the sale of the facility such as a real estate broker
or attorney.
(3) The Department shall provide within five
(5) calendar days of receipt of notification of a facility owner(s) or
landlord's agent(s)' intent to sell or receipt of an offer to purchase:
(a) Notification via first class mail to the
facility owner(s) or landlord's agent(s) at an address or email address
provided to the Department confirming receipt of their notice to sell;
and
(b) Notification via first
class mail of the facility status or listing for sale to the tenants' committee
if one exists at the time of the delivery of the notification from the facility
owner(s) or landlord's agent(s); and
(c) Publication of the facility status or
listing for sale on the MMCRC website and information regarding resources to
assist tenants in the purchase of the facility shall be kept current and
accessible to the public by the Department on the MMCRC website and provided
upon request via email or first-class mail.
(4) Notices provided by the facility owner(s)
or landlord's agent(s) are valid for one calendar year from the date that the
facility owner(s) or landlord's agent(s) provided notice of intent to sell to
tenants, tenant committees, and the Department.
(a) If the facility is not sold within one
calendar year, the facility owner(s) and landlord's agent(s) are required to
provide tenants, tenant committees, and the Department with an updated notice
that meets the requirements of this Division.
(b) Updated notification must also be
provided to any tenant who was not provided the initial notification.
Statutory/Other Authority: ORS
90.650 & ORS 446.403
Statutes/Other Implemented: ORS
90.650, ORS 446.403 & ORS
90.645
