Oregon Statutes 456.407 – Policy encouraging settlement of disputes
(1) It is the policy of the State of Oregon:
Terms Used In Oregon Statutes 456.407
- Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(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]
(Temporary provisions relating to dispute resolution)
Sections 9, 10, 12 and 14, chapter 625, Oregon Laws 2019, provide:
(1) The Housing and Community Services Department shall award grants to persons to provide legal assistance to low-income facility tenants in addressing issues and disputes involving ORS Chapter 90. The legal assistance may be in the form of outreach, education, advice, case representation and similar efforts. Grants may be used to cover the employee-related expenses of attorneys who provide legal assistance under this section.
(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 § 456.414 and may not exceed $200,000 per biennium. [2019 c.625 § 9; 2023 c.334 § 3]
(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]
Sections 9 and 10, chapter 625, Oregon Laws 2019, are repealed January 2, 2027. [2019 c.625 § 12; 2023 c.334 § 4]
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]
[Repealed by 1999 c.603 § 38]