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Temporary Hardship Dwelling

Jerry Bone Jr

Senior Member
Joined
Feb 23, 2004
Professional Status
Licensed Appraiser
State
Oregon
How to value?
The obvious answer - Find sales with 1 MH plus 2nd MH on Hardship.
How to value following VA rules?
Palm Harbor is personal property, not included in value.


I am trying to complete a VA appraisal on a property with two manufactured homes. The first is a 1991 Fleetwood, second is a 2018 Palm Harbor.
The PH was established legally under a Temporary Hardship Dwelling and is subject to a Restrictive Covenant.
1774704424624.png
 
I had one of these. The 'hardship' exception with a MH because of the mother-in-law. The county folded like a cheap suit case. Went into foreclosure. How to value.....not a legal use.
 
In Oregon, once the person needing care moves on, the second dwelling has to be removed. Does the assessors office list one of the homes as personal property?
 
Jerry, the Polk County Assessors lists the newer Palm Harbor Account 579199 as Personal Property, not Real Estate. Unless they can get Planning to swap the Hardship Home to the older Fleetwood Berkshire, you are stuck valuing that along with the outbuildings and 9 acres.
 
Here in Oregon, every time I’ve appraised a property with a hardship second living unit, the right to keep it does not go with the land, but rather the second unit must be removed or at least decommissioned upon termination of the hardship, (e.g.by death).

I don’t know if this still applies given current efforts to extend ADUs to unincorporated areas.
 
Here in Oregon, every time I’ve appraised a property with a hardship second living unit, the right to keep it does not go with the land, but rather the second unit must be removed or at least decommissioned upon termination of the hardship, (e.g.by death).

I don’t know if this still applies given current efforts to extend ADUs to unincorporated areas.
Let's ask AI

AI Overview



Oregon is actively expanding Accessory Dwelling Units (ADUs) into unincorporated rural areas, primarily driven by
Senate Bill 391 (2021), which allows one rural ADU per lot on specific rural residential lands. Counties like Deschutes and Union have adopted, or are exploring, regulations allowing up to 900-sq-ft ADUs on lots at least 2 acres, often requiring proximity to primary homes and strict wildfire safety standards.
Deschutes County +3
Key initiatives regarding rural and unincorporated ADUs include:
  • SB 391 Implementation: This law permits counties to allow one ADU on land zoned for rural residential use.
  • Locational & Size Limits: Rural ADUs are generally limited to 900 sq ft, must share a lot with a single-family home, and, in some cases, must be within 100 feet of the primary dwelling.
  • Wildfire Safety: In areas with high fire risk, applicants must meet stringent fire-resistant building standards and defensible space requirements.
  • County-Specific Actions:
    • Deschutes County: Approved new rules allowing rural ADUs on rural residential and multiple-use agricultural zones, focusing on parcels of 2+ acres.
    • Washington County: Exploring options to allow rural ADUs in unincorporated areas to match recent state law changes.
    • Union County: Implemented ordinances aligning with the 2-acre, 900-sq-ft limitation.
  • Restriction on Usage: These rural ADUs are generally intended for housing, not for short-term vacation rentals.
    Washington County, OR (.gov)
These efforts reflect a major shift, as previously, state land-use rules prohibited most secondary dwellings on rural residential lands.
 
You guys are all correct. The Hardship MH is personal property.
Perhaps it could be an ADU? Nope, in Polk county an ADU is only allowed inside a UGB and the ADU must be 900 sf or less.
Thanks for confirming.
 
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