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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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I have lived in a 6 space mobile home park 1/2 years.

Customer Question

I have lived in a 6 space mobile home park for 23 1/2 years. my two sons moved in with me at that time. they are both adults now. one is disabled and lives away from home. my other son, unfortunately, spent 9 years in prison. he was released 16 months ago. he just moved in with me. the landlords want him to fill out a criminal history report knowing he won't pass it. I was told this had to be done in order to avoid discrimination in the future. another twist landlords and my family go to same church. I asked why they had to tell anyone about my son's history.
last year I was diagnosed with post polio which is a disease is a virus that eats my muscle and evidently I will be unable to walk, drive or do much of anything. I need my son with me to help. would it help if I get a dr's letter? would it help if my son got a letter from his boss? my son did rent a room from a private citizen for a few months. would it help to get a reference from this person.
what can I do to keep my son with me?
thank you
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 2 years ago.
What state are you located in? Do you have a written lease? If so, does the lease address other tenants and give any guidance on any rules relating to the other tenants?
Customer: replied 2 years ago.
live in Oregon. my son was on the original lease when we first moved in. now my son is considered off the original lease and needs to be reapply and he can be denied due to his criminal history.
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Unfortunately, if you have a lease and it specifically mentions that all tenants must be on the lease then there is probably not much you can do about the situation except bargain with the landlord to allow the tenant to reside there. The language of the lease usually controls in these situations so you need to read this language in great detail to make sure that the landlord is complying to the letter of the lease. (see below) It is illegal to refuse to "because of a previous arrest, certain kinds of criminal convictions, or an eviction that happened more than five years earlier."
ou may be protected by federal, state or local laws that shelter certain categories of people from being discriminated against when it comes to renting, buying or financing a home. Federal law protects you from being discriminated against for your race, color, national origin, religion, sex, family status and physical and mental disability. Oregon law also forbids these kinds of discrimination. In addition, Oregon law forbids discrimination based on your marital status, sexual orientation, the source of your income, the fact that you are a victim of domestic violence, sexual assault or stalking, or the fact that you have won an eviction case brought by a former landlord. Some cities in Oregon protect people from discrimination on such grounds as age and type of occupation. You should check with your city or county to find out if it offers additional protections against discrimination in housing.
To qualify for protection from discrimination based on a disability, you would have to have an impairment that substantially limits a major life activity, such as eating, dressing, bathing, walking, standing, working and so on. State law also makes clear that housing discrimination is unlawful whether it is deliberate and intentional or has the effect – intentional or not – of having a greater or ‘disparate’ impact on people who are in a protected group.
As of Jan. 1, 2014, it is illegal to refuse to rent to a tenant because of a previous arrest, certain kinds of criminal convictions, or an eviction that happened more than five years earlier. Landlords often check the applicant’s criminal and rental history as part of the screening process. Any resident of Oregon can ask for a copy of their OJIN (Oregon Judicial Information Network) file at the nearest county courthouse, usually with a small printing fee.
In addition to checking court records, landlords often call previous landlords to verify tenancies and whether the tenant still owes money to a previous landlord. It is always a good idea to call or write your previous landlords to let them know you are searching for a new rental, and ask them if they are going to give a positive reference.
As of January 1st, 2014, landlords may not consider eviction filings (FEDs) that did not result in an actual eviction, or judgment against the tenant. Many eviction cases are dismissed or won by the tenant, which should not reflect negatively against the tenant’s application.
Also, as of January 1st, 2014, landlords can consider only certain aspects of an applicant’s criminal history. Landlords cannot consider arrest records that did not result in a conviction, or certain crimes that may not reasonably threaten the landlord’s property, or the safety and well being of neighbors. This part gets kind of complicated, so if you have questions, call the Renters’ Rights Hotline.Call the Fair Housing Council of Oregon at(###) ###-####or 1-***-***-**** if you feel you have been illegally discriminated against. Depending on the crime of your son you might be able to use this language.
People with disabilities have the right to make physical changes – such as ramps, grab-bars or widened doorways – to their housing unit if such changes are needed, but most landlords do not have to pay for these changes. Landlords do have that obligation in certain subsidized housing. Landlords must make other reasonable exceptions to rules that interfere with a disabled person’s ability to live comfortably in his or her home.
So it looks as though depending on the type of crime your son committed you might be protected. If he did commit a crime that may"reasonably threaten the landlord’s property, or the safety and well being of neighbors" then there is probably not much you can do other than negotiate with your landlord.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated.
Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer, please let me know if I can do anything further. Please positively rate my answer as it is the only way I will be compensated.
Expert:  Christopher B, Esq replied 2 years ago.
Is there any chance for a positive rating.

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