68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 2969
Sponsored by Representative REPINE (at the request of Affiliated
Rental Housing Association, Lane County Legal Aid, Metro
Multifamily Housing Association, Multifamily Housing Council of
Oregon, Oregon Legal Services, Multnomah County Legal Aid)
CHAPTER ................
AN ACT
Relating to housing; creating new provisions; amending ORS
21.375, 21.410, 90.100, 90.120, 90.240, 90.260, 90.265, 90.295,
90.300, 90.315, 90.320, 90.325, 90.330, 90.335, 90.340, 90.360,
90.365, 90.370, 90.375, 90.380, 90.385, 90.400, 90.402, 90.405,
90.410, 90.415, 90.425, 90.510, 90.600, 90.610, 90.630, 90.690,
90.710, 90.755, 90.800, 90.810, 90.900, 90.905, 90.910,
105.115, 105.120, 105.125, 105.135, 105.138, 105.165, 316.153,
456.579 and 659.033; and repealing ORS 90.500, 90.515, 90.920
and 105.155.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 90.100 is amended
to read:
90.100. Subject to additional definitions contained in ORS
90.100 to 90.940 which apply to specific sections or parts
thereof, and unless the context otherwise requires, in ORS 90.100
to 90.940:
(1) 'Action' includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
(2) 'Applicant screening fee' means any nonrefundable payment
of money charged by a landlord of a prospective tenant or
applicant prior to entering into a rental agreement with that
applicant for a residential dwelling unit, the purpose of which
payment is to process an application for a rental agreement for a
residential dwelling unit.
(3) 'Building and housing codes' include any law, ordinance or
governmental regulation concerning fitness for habitation, or the
construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
{ + (4) 'Dealer' means any person in the business of selling,
leasing or distributing new or used manufactured dwellings or
floating homes to persons who purchase or lease a manufactured
dwelling or floating home for use as a residence. + }
{ + (5) 'Drug and alcohol free housing' means a rental
agreement as described in section 7 of this 1995 Act. + }
{ - (4) - } { + (6) + } 'Dwelling unit' means a structure
or the part of a structure that is used as a home, residence or
sleeping place by one person who maintains a household or by two
or more persons who maintain a common household. 'Dwelling unit'
regarding a person who rents a space for a manufactured dwelling
as defined in ORS 90.505, for a recreational vehicle as defined
in ORS 446.003, for a residential vehicle as defined in
subsection (14) of this section or who rents moorage space for a
floating home as defined in ORS 830.700, but does not rent the
home, means the space rented and not the manufactured dwelling,
recreational vehicle, residential vehicle or floating home
itself.
{ + (7) 'Facility' means:
(a) A place where four or more manufactured dwellings are
located, the primary purpose of which is to rent space or keep
space for rent to any person for a fee; or
(b) A moorage of contiguous dwelling units that may be legally
transferred as a single unit and are owned by one person where
four or more floating homes are secured, the primary purpose of
which is to rent space or keep space for rent to any person for a
fee.
(8) 'Facility purchase association' means a group of three or
more tenants who reside in a facility and have organized for the
purpose of eventual purchase of the facility.
(9) 'First class mail' does not include certified or registered
mail, or any other form of mail that may delay or hinder actual
delivery of mail to the recipient.
(10) 'Floating home' has the meaning given that term in ORS
830.700. + }
{ - (5) - } { + (11) + } 'Good faith' means honesty in fact
in the conduct of the transaction concerned.
{ + (12) 'Informal dispute resolution' means, but is not
limited to, consultation between the landlord or landlord's agent
and one or more tenants, or mediation utilizing the services of a
third party. + }
{ - (6) - } { + (13) + } 'Landlord' means the owner, lessor
or sublessor of the dwelling unit or the building of which it is
a part, and it also means a manager of the premises who fails to
disclose as required by ORS 90.305.
{ + (14) 'Manufactured dwelling' has the meaning given that
term in ORS 446.003.
(15) 'Manufactured dwelling park' has the meaning given that
term in ORS 446.003.
(16) 'Mobile home park' has the meaning given that term in ORS
446.003. + }
{ - (7) - } { + (17) + } 'Organization' includes a
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest, and any other
legal or commercial entity.
{ - (8) - } { + (18) + } 'Owner' includes a mortgagee in
possession and means one or more persons, jointly or severally,
in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
{ - (9) - } { + (19) + } 'Person' includes an individual or
organization.
{ - (10) - } { + (20) + } 'Premises' means a dwelling unit
and the structure of which it is a part and facilities and
appurtenances therein and grounds, areas and facilities held out
for the use of tenants generally or whose use is promised to the
tenant.
{ - (11) - } { + (21) + } 'Recreational vehicle' has the
meaning given that term in ORS 446.003.
{ - (12) - } { + (22) + } 'Rent' means all payments to be
made to the landlord under the rental agreement.
Enrolled House Bill 2969 Page 2
{ - (13) - } { + (23) + } 'Rental agreement' means all
agreements, written or oral, and valid rules and regulations
adopted under ORS 90.330 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit and premises.
'Rental agreement ' includes a lease. A rental agreement shall be
either a week-to-week tenancy, month-to-month tenancy or fixed
term tenancy.
{ - (14) - } { + (24) + } 'Residential vehicle' means a
vehicle or structure other than a manufactured dwelling as
defined in ORS 446.003, constructed for movement on the public
highways that has sleeping, cooking or plumbing facilities, is
intended for human occupancy and is being used as a residence.
{ - (15) - } { + (25) + } 'Roomer' means a person occupying
a dwelling unit that does not include a toilet and either a
bathtub or a shower and a refrigerator, stove and kitchen, all
provided by the landlord, and where one or more of these
facilities are used in common by occupants in the structure.
{ + (26) 'Statement of policy' means the summary explanation
of information and facility policies to be provided to
prospective and existing tenants under ORS 90.510. + }
{ - (16) - } { + (27) + } 'Tenant' means a person,
including a roomer, entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others, including a dwelling
unit owned, operated or controlled by a public housing authority.
'Tenant' also includes a minor, as defined and provided for in
ORS 109.697. As used in ORS 90.500 to 90.840, 'tenant' includes
only a person who owns and occupies as a residence a manufactured
dwelling or a floating home in a facility and persons residing
with that tenant under the terms of the rental agreement.
{ - (17) - } { + (28) + } 'Transient lodging' means a room
or a suite of rooms.
{ - (18) - } { + (29) + } 'Transient occupancy' means
occupancy in transient lodging which has all of the following
characteristics:
(a) Occupancy is charged on a daily basis and is payable no
less frequently than every two weeks;
(b) The lodging operator provides maid and linen service daily
or every two days;
(c) The period of occupancy does not exceed 30 days; and
(d) If the occupancy exceeds five days, the occupant has a
business address or a residence other than at the transient
lodging.
{ - (19) - } { + (30) + } 'Week-to-week tenancy' means a
tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
(b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under ORS
90.100 to 90.940; and
(c) There are no nonrefundable fees or security deposits,
although the landlord may charge an applicant screening fee, as
provided in ORS 90.295.
**************************** SECTION 2. { + ORS 90.260,
90.380, 90.900, 90.905, 90.910 and 90.940 and sections 3, 7, 9,
11 and 13 of this Act are added to and made a part of ORS 90.100
to 90.435. + }
**************************** SECTION 3. { + Where this chapter
requires actual notice, service or delivery of that notice may be
executed by:
Enrolled House Bill 2969 Page 3
(1) Verbal notice that is given personally to the landlord or
tenant or left on the landlord's or tenant's telephone answering
device;
(2) Written notice that is personally delivered to the landlord
or tenant or left at the landlord's or tenant's place of business
or residence or dwelling unit; or
(3) Written notice that is delivered by first class mail to the
landlord or tenant. Except as provided in ORS 90.910 (4), if the
notice is mailed, the notice shall be considered served three
days after the date the notice was mailed. + }
**************************** SECTION 4. ORS 90.910 is amended
to read:
90.910. { + (1) When referring to a written notice in this
chapter, the terms 'delivery of notice,' 'giving a notice' and '
after notice,' or variations of these terms, mean service
pursuant to this section. + }
{ - (1) - } { + (2) Written + }notices under this chapter
may be served by personal delivery or by first class mail.
{ - For purposes of this section, 'first class mail' does not
include certified or registered mail, or any other form of mail
which may delay or hinder actual delivery of mail to the
tenant. - }
{ - (2) - } { + (3) + } Except as provided in subsection
{ - (3) - } { + (4) + } of this section, if a notice under ORS
90.400, 90.405, 90.610, 90.630, 90.900 or 90.905 is served by
mail, the minimum period for compliance or termination of
tenancy, as appropriate, shall be extended by three days, and the
notice shall recite the fact and extent of the extension.
{ - (3) - } { + (4) + }(a) If a written rental agreement so
provides, a notice of nonpayment of rent under ORS 90.400
(2), { + a 48-hour or 24-hour notice of termination under ORS
90.400 (7), + } a 24-hour notice of termination under ORS 90.400
(3)(a), (b), (c) or (e) or a notice { - of inspection - }
under ORS 90.335 { - (3) - } { + (1)(e) + } may be deemed
served on the day on which it is both mailed by first class mail
to the tenant at the premises and attached in a secure manner to
the main entrance to that portion of the premises of which the
tenant has possession.
(b) Payment by a tenant who has received a nonpayment of rent
notice under ORS 90.400 (2) is timely if mailed to the landlord
within the period of the notice unless:
(A) The nonpayment of rent notice is personally served on the
tenant;
(B) A written rental agreement and the nonpayment of rent
notice expressly state that payment is to be made at a specified
location which is either on the premises or, unless the tenant
has become unable to make rent payments in person since the last
rent payment, at a place where the tenant has made all previous
rent payments in person; and
(C) The place so specified is available to the tenant for
payment throughout the period of the notice.
**************************** SECTION 5. ORS 90.120 is amended
to read:
90.120. { + (1) + } The provisions of ORS 87.162 to 87.212,
91.010 to 91.110, 91.210 and 91.220 do not apply to the rights
and obligations of landlords and tenants governed by ORS 90.100
to 90.940.
{ + (2) + } Any provisions of ORS 90.100 to 90.940 which
reasonably apply only to the structure that is used as a home,
residence or sleeping place shall not apply to { - dwelling
Enrolled House Bill 2969 Page 4
units in facilities - } { + a manufactured dwelling,
recreational vehicle, residential vehicle or floating home where
the tenant owns the manufactured dwelling, recreational vehicle,
residential vehicle or floating home but rents the space on which
it is located + } { - where space is rented but the
manufactured dwelling or floating home is not rented - } .
{ + (3) The provisions of ORS 90.500 to 90.840 apply only to
a manufactured dwelling or floating home located within a
facility and do not apply to any other tenancy, including but not
limited to a tenancy in which a rental space is offered for
occupancy by a residential vehicle or recreational vehicle or a
tenancy in which both a manufactured dwelling or floating home
and a rental space are rented or leased by the tenant.
Residential tenancies not subject to ORS 90.500 to 90.840 shall
be subject to ORS 90.100 to 90.435. + }
**************************** SECTION 6. ORS 90.240 is amended
to read:
90.240. (1) A landlord and a tenant may include in a rental
agreement terms and conditions not prohibited by ORS 90.100 to
90.940 or other rule of law including rent, term of the agreement
and other provisions governing the rights and obligations of the
parties.
(2) The landlord shall provide the tenant with a copy of any
written rental agreement and all amendments and additions
thereto.
{ + (3) Notwithstanding ORS 90.245 (1), the parties to a
rental agreement to which ORS 90.100 to 90.435 apply may include
in the rental agreement a provision for informal dispute
resolution. + }
{ - (3) - } { + (4) + } In absence of agreement, the tenant
shall pay as rent the fair rental value for the use and occupancy
of the dwelling unit.
{ - (4) - } { + (5) + } Except as otherwise provided by ORS
90.100 to 90.940:
(a) Rent is payable without demand or notice at the time and
place agreed upon by the parties. Unless otherwise agreed, rent
is payable at the dwelling unit, periodic rent is payable at the
beginning of any term of one month or less and otherwise in equal
monthly or weekly installments at the beginning of each month or
week, depending on whether the tenancy is month-to-month or
week-to-week. Rent may not be increased without a 30-day written
notice thereof in the case of a month-to-month tenancy or a
seven-day written notice thereof in the case of a week-to-week
tenancy.
(b) If a rental agreement does not create a week-to-week
tenancy, as defined in ORS 90.100, or a fixed term tenancy, the
tenancy shall be a month-to-month tenancy.
**************************** SECTION 7. { + (1) 'Drug and
alcohol free housing' is a rental agreement for a dwelling in
which:
(a) Each of the dwelling units on the premises is occupied or
held for occupancy by at least one tenant who is a recovering
alcoholic or drug addict and is participating in a program of
recovery;
(b) The landlord is a nonprofit corporation organized pursuant
to ORS chapter 65;
(c) The landlord provides:
(A) A drug and alcohol free environment, covering all tenants,
employees, staff, agents of the landlord and guests;
Enrolled House Bill 2969 Page 5
(B) An employee who monitors the tenants for compliance with
the requirements of paragraph (d) of this subsection;
(C) Individual and group support for recovery; and
(D) Access to a specified program of recovery; and
(d) The rental agreement is in writing and includes the
following provisions:
(A) That the tenant shall not use, possess or share alcohol,
illegal drugs, controlled substances or prescription drugs
without a medical prescription, either on or off the premises;
(B) That the tenant shall not allow the tenant's guests to use,
possess or share alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription, on the
premises;
(C) That the tenant shall participate in a program of recovery,
which specific program is described in the rental agreement;
(D) That on at least a quarterly basis the tenant shall provide
written verification from the tenant's program of recovery that
the tenant is participating in the program of recovery and that
the tenant has not used alcohol or illegal drugs;
(E) That the landlord has the right to require the tenant to
take a urine analysis test regarding drug or alcohol usage, at
the landlord's discretion and expense; and
(F) That the landlord has the right to evict the tenant for
noncompliance with the requirements of this paragraph.
(2) As used in this section, 'program of recovery' means a
verifiable program of counseling and rehabilitation treatment
services, including a written plan, to assist recovering
alcoholics or drug addicts to recover from their addiction to
alcohol or illegal drugs while living in drug and alcohol free
housing. A 'program of recovery' includes Alcoholics Anonymous,
Narcotics Anonymous and similar programs. + }
**************************** SECTION 8. ORS 90.260 is amended
to read:
90.260. (1) { - No - } { + A + } landlord may impose a late
charge { + or fee, only if + }:
(a) { - With respect to any rental - } { + The rent + }
payment { + is not + } received by { - 5 p.m. on - } the
fourth day { - after commencement - } of the { + weekly or
monthly + } rental period for which rent is payable { + ; and + }
{ - . - }
(b) { - Unless the - } { + There exists a written + }
rental agreement
{ - provides for payment of - } { + that specifies: + }
{ + (A) The tenant's obligation to pay + }a late charge on
delinquent rent payments { + ; + }
{ + (B) The type and amount of the late charge, as described
in subsection (2) of this section; and
(C) + } { - and the rental agreement or a monthly coupon,
billing or notice provided by the landlord discloses - } The
date on which { + rent + } payments are due and the
{ - time - } { + date or day on + } { - at - } which
{ - a - } late
{ - charge becomes - } { + charges become + }due.
{ - (c) More than once on any single installment. - }
{ + (2) The amount of any late charge shall not exceed:
(a) A reasonable flat amount, charged once per rental period.
' Reasonable amount' means the customary amount charged by
landlords for that rental market;
(b) A reasonable amount, charged on a per-day basis, beginning
on the fifth day of the rental period for which rent is
Enrolled House Bill 2969 Page 6
delinquent. This daily charge may accrue every day thereafter
until the rent, not including any late charge, is paid in full,
through that rental period only. The per-day charge may not
exceed six percent of the amount described in paragraph (a) of
this subsection; or
(c) Five percent of the periodic rent payment amount, charged
once for each succeeding five-day period, or portion thereof, for
which the rent payment is delinquent, beginning on the fifth day
of that rental period and continuing and accumulating until that
rent payment, not including any late charge, is paid in full,
through that rental period only.
(3) In periodic tenancies, a landlord may change the type or
amount of late charge by giving 30 days' written notice to the
tenant.
(4) A landlord shall not deduct a previously imposed late
charge from a current or subsequent rental period rent payment,
thereby making that rent payment delinquent for imposition of a
new or additional late charge or for termination of the tenancy
for nonpayment pursuant to ORS 90.400 (2).
(5) A landlord may charge simple interest on an unpaid late
charge at the rate allowed for judgments pursuant to ORS 82.010
(2) and accruing from the date the late charge is imposed. + }
{ - (2) - } { + (6) + } Nonpayment of a late { - fee - }
{ + charge + } alone shall not constitute grounds for eviction
for nonpayment of rent { + pursuant to ORS 90.400 (2).
Nonpayment of a late charge alone shall constitute grounds for
eviction pursuant to ORS 90.400 (1) and 90.630. A landlord may
note the imposition of a late charge on a notice of nonpayment of
rent pursuant to ORS 90.400 (2), so long as the notice states or
otherwise makes clear that the tenant may cure the nonpayment
notice by paying only the delinquent rent, not including any late
charge, within the allotted time + }.
**************************** SECTION 9. { + For the purposes
of ORS 90.100 to 90.940, delivery of possession occurs:
(1) From the landlord to the tenant, when the landlord gives
actual notice to the tenant that the tenant has the right under a
rental agreement to occupy the dwelling unit to the exclusion of
others. Such notice may include delivery of the keys to the
dwelling unit; and
(2) From the tenant to the landlord at the termination of the
tenancy, when:
(a) The tenant gives actual notice to the landlord that the
tenant has surrendered any right to occupy the dwelling unit to
the exclusion of others. Such notice may include return of the
keys to the dwelling unit;
(b) After the expiration date of an outstanding termination of
tenancy notice or the end of a term tenancy, the landlord
reasonably believes under all the circumstances that the tenant
has surrendered or no longer claims the right to occupy the
dwelling unit to the exclusion of others; or
(c) The landlord reasonably knows of the tenant's abandonment
of the dwelling unit. + }
**************************** SECTION 10. ORS 90.295 is amended
to read:
90.295. { - (1) A landlord shall not require a fee, however
designated, from an applicant for the privilege of being placed
on a waiting list for a dwelling unit. A landlord may charge an
applicant an advance payment of rent or a refundable deposit, but
not a nonrefundable fee, to secure the execution of a rental
agreement for a dwelling unit. - }
Enrolled House Bill 2969 Page 7
{ - (2) - } { + (1) + } A landlord may charge an applicant
screening fee, solely to cover the costs of obtaining information
on the applicant as the landlord processes the application for a
rental agreement. This activity is also known as screening, and
includes but is not limited to personal reference checks and a
consumer credit report or tenant screening report. The landlord
must provide the applicant with a receipt for any such applicant
screening fee.
{ - (3) - } { + (2) + } The amount of any applicant
screening fee shall not be greater than the landlord's average
actual cost of screening applicants. Actual costs may include the
cost of using a tenant screening service or a consumer credit
reporting agency, and may include the reasonable value of any
time spent by the landlord or the landlord's agents or employees
in otherwise obtaining information on applicants. In any case,
the applicant screening fee may not be greater than the customary
amount charged by tenant screening services or consumer credit
reporting agencies for a comparable level of screening.
{ - (4) - } { + (3) + } A landlord may not charge an
applicant screening fee unless the landlord { - notifies - }
{ + gives written notice to + } the applicant { + of + }:
(a) { - In advance and in writing, of - } What a tenant
screening or consumer credit report entails and { - costs - }
{ + the landlord's charge for the tenant screening + };
(b) { - Of - } The applicant's rights to dispute the
accuracy of any information provided to the landlord by a
screening service or credit reporting agency; and
(c) { - Of - } The name and address of the screening service
or credit reporting agency.
{ - (5) - } { + (4) + } Regardless of whether a landlord
charges an applicant screening fee, if a landlord denies an
application for a rental agreement by an applicant and that
denial is based in whole or in part on a tenant screening service
or consumer credit reporting agency report on that applicant, the
landlord shall
{ - notify - } { + give + } the applicant { + actual
notice + } of that fact at the same time that the landlord
notifies the applicant of the denial. { - Also at that time - }
{ + Unless written notice has previously been given, + } the
landlord shall { - notify - } { + also at that time give
written notice to + } the applicant of the name and address of
the service or agency.
{ - (6) - } { + (5) + } Except as provided in subsection
{ - (5) - } { + (4) + } of this section, a landlord need not
disclose the results of an applicant screening or report to an
applicant, with respect to information that is not required to be
disclosed under the federal Fair Credit Reporting Act. A landlord
may give to an applicant a copy of that applicant's consumer
report, as defined in the Fair Credit Reporting Act.
{ - (7) - } { + (6) + } Unless the applicant agrees
otherwise in writing, a landlord may not charge an applicant
screening fee when the landlord knows or should know that no
rental units are available at that time or will be available
within a reasonable future time.
{ - (8) - } { + (7) + } If a landlord charges an applicant
screening fee but fills the vacant rental unit before screening
the applicant or does not conduct a screening of the applicant
for any reason, the landlord must refund the applicant screening
fee to the applicant within a reasonable time.
Enrolled House Bill 2969 Page 8
{ - (9) - } { + (8) + } If a landlord fails to comply with
this section, the applicant may recover from the landlord
{ - damages equal to - } the amount of any applicant screening
fee charged, plus $100.
**************************** SECTION 11. { + (1) Except as
provided in ORS 90.295 and in this section, a landlord shall not
charge a deposit or fee, however designated, to an applicant who
has applied to a landlord to enter a rental agreement for a
dwelling unit.
(2) A landlord may charge a deposit, however designated, to an
applicant for the purpose of securing the execution of a rental
agreement, after approving the applicant's application but prior
to entering into a rental agreement. The landlord must give the
applicant a written statement describing the terms of the
agreement to execute a rental agreement and the conditions for
refunding or retaining the deposit.
(a) If a rental agreement is executed, the landlord shall
either apply the deposit toward the moneys due the landlord under
the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by
the applicant to comply with the agreement to execute, the
landlord may retain the deposit.
(c) If a rental agreement is not executed due to a failure by
the landlord to comply with the agreement to execute, within four
days the landlord shall return the deposit to the applicant
either by making the deposit available to the applicant at the
landlord's customary place of business or by mailing the deposit
by first class mail to the applicant. Proof of timely compliance
with this requirement shall include a postmark.
(3) If a landlord fails to comply with this section, the
applicant or tenant, as the case may be, may recover from the
landlord the amount of any fee or deposit charged, plus $100. + }
**************************** SECTION 12. ORS 90.300 is amended
to read:
90.300. (1) For the purposes of this section, 'security
deposit' means any payment or deposit of money, however
designated, the primary function of which is to secure the
performance of a rental agreement or any part of a rental
agreement, but does not mean { + a nonrefundable fee or + } a
payment or deposit, including an advance payment of rent, made to
secure the execution of a rental agreement. { - ' Security
deposit' shall not include a fee if such fee is clearly
designated as nonrefundable. - }
(2) { + A landlord may require the payment of a security
deposit. + } A security deposit shall be held by the landlord for
the tenant who is a party to the rental agreement. The claim of a
tenant to the security deposit shall be prior to the claim of any
creditor of the landlord, including a trustee in bankruptcy.
(3) The landlord may claim all or part of the security deposit
only if the deposit was made for any or all of the purposes
provided by subsection (4) of this section.
(4) The landlord may claim from the security deposit only the
amount reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(5) A security deposit shall not be required or forfeited to
the landlord upon the failure of the tenant to maintain a tenancy
Enrolled House Bill 2969 Page 9
for a { - specified term - } { + minimum number of months in
a month-to-month tenancy + }.
{ + (6) A landlord may also require the payment of a prepaid
rent deposit as a type of security deposit. For the purposes of
this section, 'prepaid rent' means any payment to the landlord
for a monthly or weekly rent obligation not yet due, including a
last month's rent deposit. In addition, prepaid rent means rent
paid for a period extending beyond a termination date specified
in a valid and outstanding notice to terminate the tenancy.
Prepaid rent deposits shall be treated in the same manner as
other security deposits as required by this section, except that
the accounting for a prepaid rent deposit shall be separate from
the accounting required by subsection (7) of this section for
other security deposits. The landlord may claim from the prepaid
rent deposit only the amount reasonably necessary to pay the
tenant's unpaid rent. + }
{ - (6) - } { + (7) + } In order to claim all or part of
the security deposit, within { - 30 - } { + 31 + } days after
the termination of the tenancy and delivery of possession the
landlord shall give to the tenant a written accounting which
states specifically the basis or bases of the claim.
{ - (7) - } { + (8) + } The security deposit or portion of
the deposit not claimed in the manner provided by
{ - subsection - } { + subsections + } (6) { + and (7) + } of
this section shall be returned to the tenant not later than
{ - 30 - } { + 31 + } days after the termination of the
tenancy and delivery of possession to the landlord.
{ + (9) The landlord shall give the written accounting as
required by subsection (7) of this section or shall return the
deposit as required by subsection (8) of this section by personal
delivery or by first class mail. Proof of timely compliance with
this requirement shall include a postmark. + }
{ - (8) - } { + (10) + } If the landlord fails to comply
with subsection
{ - (7) - } { + (8) + } of this section or if the landlord in
bad faith fails to return all or any portion of any prepaid rent
or { + security + } deposit due to the tenant under ORS 90.100
to 90.940 or the rental agreement, the tenant may recover the
property and money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection
{ - (6) - } { + (7) + } of this section; or
(b) Withheld in bad faith.
{ - (9) - } { + (11) + } This section does not preclude the
landlord or tenant from recovering other damages under ORS 90.100
to 90.940.
{ - (10) - } { + (12) + } The holder of the landlord's
interest in the premises at the time of the termination of the
tenancy is bound by this section.
**************************** SECTION 13. { + A landlord may
require the payment of a fee, if such fee is clearly designated
as nonrefundable. A landlord shall not be required to account for
or return any nonrefundable fee. This section shall not apply to
applicant screening fees charged pursuant to ORS 90.295. + }
**************************** SECTION 14. ORS 90.315 is amended
to read:
90.315. (1) As used in this section { + , + } { - : - }
{ - (a) 'Actual notice' means: - }
{ - (A) Verbal notice that is given directly to the landlord
or left on the landlord's telephone answering device. - }
Enrolled House Bill 2969 Page 10
{ - (B) Written notice that is delivered directly to the
landlord or the landlord's place of business. - }
{ - (C) Written notice that is delivered by first class mail
to the landlord. However, if the notice is mailed, the notice
shall be considered served three days after the date the notice
was mailed. - }
{ - (b) - } 'utility or service' includes electricity,
natural gas, oil, water, hot water, heat, air conditioning, sewer
service and garbage collection and disposal.
(2) The landlord shall disclose to the tenant in writing at or
before the commencement of the tenancy any utility or service
which the tenant pays directly to a utility or service provider
which benefits, directly, the landlord or other tenants. A
tenant's payment for a given utility or service benefits the
landlord or other tenants if the utility or service is delivered
to any area other than the tenant's dwelling unit.
(3) If the landlord knowingly fails to disclose those matters
required under subsection (2) of this section, the tenant may
recover twice the actual damages sustained or one month's rent,
whichever is greater.
(4)(a) If a tenant, under the rental agreement, is responsible
for a utility or service and is unable to obtain the service
prior to moving into the premises due to a nonpayment of an
outstanding amount due by a previous tenant or the owner, the
tenant may either:
(A) Pay the outstanding amount and deduct the amount from the
rent;
(B) Enter into a mutual agreement with the landlord to resolve
the lack of service; or
(C) Immediately terminate the rental agreement by giving the
landlord actual notice and the reason for the termination.
(b) If the tenancy terminates, the landlord shall return all
moneys paid by the tenant as deposits, rent or fees within four
days after termination.
(5) If a tenant, under the rental agreement, is responsible for
a utility or service and is unable to obtain the service after
moving into the premises due to a nonpayment of an outstanding
amount due by a previous tenant or the owner, the tenant may
either:
(a) Pay the outstanding amount and deduct the amount from the
rent; or
(b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy shall not terminate if
the landlord restores service or the availability of service
during the 72 hours. If the tenancy terminates, the tenant may
recover actual damages from the landlord resulting from the
shutoff and the landlord shall return:
(A) Within four days after termination, all rent and fees; and
(B) All of the security deposit owed to the tenant under ORS
90.300.
(6) If a landlord, under the rental agreement, is responsible
for a utility or service and the utility or service is shut off
due to a nonpayment of an outstanding amount, the tenant may
either:
(a) Pay the outstanding balance and deduct the amount from the
rent; or
(b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy shall not terminate if
Enrolled House Bill 2969 Page 11
the landlord restores service during the 72 hours. If the tenancy
terminates, the tenant may recover actual damages from the
landlord resulting from the shutoff and the landlord shall
return:
(A) Within four days after termination, all rent prepaid for
the month in which the termination occurs prorated from the date
of termination or the date the tenant vacates the premises,
whichever is later, and any other prepaid rent; and
(B) All of the security deposit owed to the tenant under ORS
90.300.
(7) If a landlord fails to return to the tenant the moneys owed
as provided in subsection (4), (5) or (6) of this section, the
tenant shall be entitled to twice the amount wrongfully withheld.
{ + (8) This section does not preclude the tenant from
pursuing any other remedies under ORS 90.100 to 90.940. + }
**************************** SECTION 15. ORS 90.320 is amended
to read:
90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes
of this section, a dwelling unit shall be considered
uninhabitable if it substantially lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in
effect at the time of installation, and maintained in good
working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under
applicable law; and
(D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be
controlled by the landlord;
(d) Adequate heating facilities which conform to applicable law
at the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
which conform to applicable law at the time of installation and
maintained in good working order;
(f) Building, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, and all areas under control of the landlord
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
(g)(A) In a city with a population of fewer than 250,000
people, an adequate number of appropriate receptacles for garbage
and rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall
provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal unless the parties by
written agreement provide otherwise; or
(B) In a city with a population of more than 250,000 people, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and thereafter the landlord
shall be responsible for providing appropriate receptacles, and
Enrolled House Bill 2969 Page 12
{ + where individual container service is provided + } for the
service and removal at least once a week of containers { + ,
including recycling containers, + } that allow for 30
{ + cumulative + } gallons of accumulation a week;
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord;
(j) Safety from the hazards of fire, including a working smoke
detector, with working batteries provided only at the beginning
of any new tenancy when the tenant first takes possession of the
premises, as provided in ORS 479.270, but not to include the
tenant's testing of the smoke detector as provided in ORS 90.325
(6); or
(k) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which
access may be had to that portion of the premises which the
tenant is entitled under the rental agreement to occupy to the
exclusion of others and keys for such locks which require keys.
(2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
{ + (3) Any provisions of this section that reasonably apply
only to a structure that is used as a home, residence or sleeping
place shall not apply to a manufactured dwelling, recreational
vehicle, residential vehicle or floating home where the tenant
owns the manufactured dwelling, recreational vehicle, residential
vehicle or floating home but rents the space. + }
**************************** SECTION 16. ORS 90.325 is amended
to read:
90.325. The tenant shall:
(1) Use the parts of the premises including the living room,
bedroom, kitchen, bathroom and dining room in a reasonable manner
considering the purposes for which they were designed and
intended;
(2) Keep all areas of the premises under control of the tenant
in every part as clean, sanitary and free from all accumulations
of debris, filth, rubbish and garbage, as the condition of the
premises permits;
(3) Dispose from the dwelling unit all ashes, garbage, rubbish
and other waste in a clean { + , + } { - and - } safe { + and
legal + } manner { + . With regard to needles, syringes and
other infectious waste, as defined in ORS 459.386, the tenant may
not dispose of these items by placing them in garbage receptacles
or in any other place or manner except as authorized by state and
local governmental agencies + };
(4) Keep all plumbing fixtures in the dwelling unit or used by
the tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other
facilities and appliances including elevators in the premises;
Enrolled House Bill 2969 Page 13
(6) Test at least once every six months and replace batteries
as needed in any smoke detector provided by the landlord and
notify the landlord in writing of any operating deficiencies as
described in ORS 479.275;
(7) Not remove or tamper with a properly functioning smoke
detector, including removing any working batteries, as provided
in ORS 479.300;
(8) Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or knowingly permit any
person to do so; and
(9) Conduct the tenant and require other persons on the
premises with the consent of the tenant to conduct themselves in
a manner that will not disturb the neighbors' peaceful enjoyment
of the premises.
**************************** SECTION 17. ORS 90.330 is amended
to read:
90.330. (1) A landlord, from time to time, may adopt a rule or
regulation, however described, concerning the tenant's use and
occupancy of the premises. It is enforceable against the tenant
only if:
(a) Its purpose is to promote the convenience, safety or
welfare of the tenants in the premises, preserve the landlord's
property from abusive use, or make a fair distribution of
services and facilities held out for the tenants generally;
(b) It is reasonably related to the purpose for which it is
adopted;
(c) It applies to all tenants in the premises in a fair manner;
(d) It is sufficiently explicit in its prohibition, direction
or limitation of the tenant's conduct to fairly inform the tenant
of what the tenant must or must not do to comply;
(e) It is not for the purpose of evading the obligations of the
landlord; and
(f) The tenant has { + written + } notice of it at the time
the tenant enters into the rental agreement, or when it is
adopted.
(2) If a rule or regulation adopted after the tenant enters
into the rental agreement works a substantial modification of the
bargain, it is not valid unless the tenant consents to it in
writing.
(3) If adopted, an occupancy guideline for a dwelling unit
shall not be more restrictive than two people per bedroom and
shall be reasonable. Reasonableness shall be determined on a
case-by-case basis. Factors to be considered in determining
reasonableness include, but are not limited to:
(a) The size of the bedrooms;
(b) The overall size of the dwelling unit; and
(c) Any discriminatory impact on those identified in ORS
659.033.
(4) As used in this section:
(a) 'Bedroom' means a habitable room that:
(A) Is intended to be used primarily for sleeping purposes;
(B) Contains at least 70 square feet; and
(C) Is configured so as to take the need for a fire exit into
account.
(b) 'Habitable room' means a space in a structure for living,
sleeping, eating or cooking. Bathrooms, toilet compartments,
closets, halls, storage or utility space and similar areas are
not included.
**************************** SECTION 18. ORS 90.335 is amended
to read:
Enrolled House Bill 2969 Page 14
90.335. (1) { - A tenant shall not unreasonably withhold
consent to the landlord to - } { + A landlord may + } enter
into the { + tenant's + } dwelling unit or any portion of
{ + the + } premises under the tenant's exclusive control in
order to inspect the premises, make necessary or agreed repairs,
decorations, alterations or improvements, supply necessary or
agreed services, or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers or
contractors. { + The landlord's right of access is limited as
follows: + }
{ - (2)(a) A landlord may enter the dwelling unit or any
portion of premises under a tenant's exclusive control without
consent of the tenant in case of emergency. - }
{ - (b) - } { + (a) + } A landlord may enter upon
{ + the + } premises under the tenant's exclusive control not
including the dwelling unit without consent of the tenant
{ + and without notice to the tenant, + } for the purpose of
serving notices required or permitted under ORS 90.100 to 90.940,
the rental agreement or any provision of applicable law.
{ + (b) In case of an emergency, a landlord may enter the
dwelling unit or any portion of the premises under a tenant's
exclusive control without consent of the tenant, without notice
to the tenant and at any time. 'Emergency' includes but is not
limited to a repair problem that, unless remedied immediately, is
likely to cause serious damage to the premises. If a landlord
makes an emergency entry in the tenant's absence, the landlord
shall give the tenant actual notice within 24 hours after the
entry, and the notice shall include the fact of the entry, the
date and time of the entry, the nature of the emergency and the
names of the persons who entered.
(c) If the tenant requests repairs or maintenance in writing,
the landlord or persons acting on behalf of the landlord, without
further notice, may enter upon demand, in the tenant's absence or
without the tenant's consent, for the purpose of making the
requested repairs until the repairs are completed. The tenant's
written request may specify allowable times. Otherwise, the entry
must be at a reasonable time. The authorization to enter provided
by the tenant's written request expires after seven days, unless
the repairs are in progress and the landlord is making a
reasonable effort to complete the repairs in a timely manner. If
the person entering to do the repairs is not the landlord, upon
request of the tenant, the person must show the tenant written
evidence from the landlord authorizing that person to act for the
landlord in making the repairs. + }
{ - (c) - } { + (d) + } A landlord and tenant may agree
that the landlord or the landlord's agent may enter the dwelling
unit and the premises without notice at reasonable times for the
purpose of showing the premises to a prospective buyer, provided
that the agreement:
(A) Is executed at a time when the landlord is actively engaged
in attempts to sell the premises;
(B) Is reflected in a writing separate from the rental
agreement and signed by both parties; and
(C) Is supported by separate consideration recited in the
agreement.
{ + (e) In all other cases, unless there is an agreement
between the landlord and the tenant to the contrary regarding a
specific entry, the landlord shall give the tenant at least 24
hours' actual notice of the intent of the landlord to enter and
the landlord may enter only at reasonable times. The landlord may
Enrolled House Bill 2969 Page 15
not enter if the tenant, after receiving the landlord's notice,
denies consent to enter. The tenant must assert this denial of
consent by giving actual notice of the denial to the landlord or
the landlord's agent or by attaching a written notice of the
denial in a secure manner to the main entrance to that portion of
the premises or dwelling unit of which the tenant has exclusive
control, prior to or at the time of the landlord's attempt to
enter.
(2) A landlord shall not abuse the right of access or use it to
harass the tenant. A tenant shall not unreasonably withhold
consent from the landlord to enter. + }
{ - (3)(a) A landlord shall not abuse the right of access or
use it to harass the tenant. Except in case of emergency,
agreement to the contrary or unless it is impracticable to do so,
the landlord shall give the tenant at least 24 hours' notice of
the intent of the landlord to enter and may enter only at
reasonable times. - }
{ - (b) If repairs or maintenance are requested by the
tenant, or entry of the tenant's dwelling unit or portions of the
premises under the tenant's exclusive control is necessary to
perform repairs or maintenance required for other portions of the
premises, except in the case of an emergency or an agreement to
the contrary or unless it is impracticable to do so, The landlord
or persons acting on behalf of the landlord may enter upon demand
or in the tenant's absence until completing the repairs or
maintenance, provided: - }
{ - (A) The landlord has given at least 24 hours' notice in
writing, specifying the purposes of the entry and the persons who
will perform the repairs or maintenance, and stating that those
persons are authorized by the landlord to enter upon demand or in
the tenant's absence; - }
{ - (B) The entry is for the purposes stated in the notice
and by the persons specified in the notice or persons acting
under their supervision; and - }
{ - (C) The entry occurs at reasonable times. - }
{ - (4) - } { + (3) + } In the case of a { - mobile home
or manufactured dwelling park, as defined in ORS 446.003 - }
{ + facility + }, the landlord may, upon less than 24 hours'
{ + actual + } notice to the tenant and during reasonable hours
{ - of the day - } , enter onto the rented space for the purpose
of normal maintenance only.
{ - (5) - } { + (4) + } A landlord has no other right of
access except:
(a) Pursuant to court order;
(b) As permitted by ORS 90.410 (2); or
(c) When the tenant has abandoned or surrendered the premises.
{ + (5) If a landlord is required by a governmental agency to
enter a dwelling unit or any portion of the premises under a
tenant's exclusive control, but the landlord fails to gain entry
after a good faith effort in compliance with this section, the
landlord shall not be found in violation of any state statute or
local ordinance due to the failure.
(6) If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief to compel access or may terminate
the rental agreement. In addition, the landlord may recover
actual damages.
(7) If the landlord makes an unlawful entry or a lawful entry
in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which has the effect of unreasonably
harassing the tenant, the tenant may obtain injunctive relief to
Enrolled House Bill 2969 Page 16
prevent the reoccurrence of the conduct or may terminate the
rental agreement. In addition, the tenant may recover actual
damages not less than an amount equal to one month's rent. + }
**************************** SECTION 19. ORS 90.340 is amended
to read:
90.340. Unless otherwise agreed, the tenant shall occupy the
dwelling unit only as a dwelling unit. The rental agreement may
require that the tenant { - notify - } { + give actual notice
to + } the landlord of any anticipated extended absence from the
premises in excess of seven days no later than the first day of
the extended absence.
**************************** SECTION 20. ORS 90.360 is amended
to read:
90.360. (1)(a) Except as provided in ORS 90.100 to 90.940, if
there is a material noncompliance by the landlord with the rental
agreement or a noncompliance with ORS 90.320, the tenant may
deliver a written notice to the landlord specifying the acts and
omissions constituting the breach and that the rental agreement
will terminate upon a date not less than 30 days after
{ - receipt - } { + delivery + } of the notice if the breach
is not remedied in seven days in the case of an essential service
or 30 days in all other cases, and the rental agreement shall
terminate as provided in the notice subject to paragraphs (b) to
(d) of this subsection. However, in the case of a week-to-week
tenancy, the rental agreement will terminate upon a date not less
than seven days after the landlord's receipt of the notice if the
breach is not remedied.
(b) If the breach is remediable by repairs, the payment of
damages or otherwise and if the landlord adequately remedies the
breach before the date specified in the notice, the rental
agreement shall not terminate by reason of the breach.
(c) If substantially the same act or omission which constituted
a prior noncompliance of which notice was given recurs within six
months, the tenant may terminate the rental agreement upon at
least 14 days' written notice specifying the breach and the date
of termination of the rental agreement. However, in the case of a
week-to-week tenancy, the tenant may terminate the rental
agreement upon at least seven days' written notice specifying the
breach and date of termination of the rental agreement.
(d) The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member
of the family of the tenant or other person on the premises with
the consent of the tenant.
(2) Except as provided in ORS 90.100 to 90.940, the tenant may
recover damages and obtain injunctive relief for any
noncompliance by the landlord with the rental agreement or ORS
90.320.
(3) The remedy provided in subsection (2) of this section is in
addition to any right of the tenant arising under subsection (1)
of this section.
(4) If the rental agreement is terminated, the landlord shall
return all security { + deposits and prepaid rent + }
recoverable by the tenant under ORS 90.300 { - and all prepaid
rent - } .
**************************** SECTION 21. ORS 90.365 is amended
to read:
90.365. (1) If contrary to the rental agreement or ORS 90.320
the landlord deliberately refuses or is grossly negligent in
failing to supply any essential service, the tenant may give
written notice to the landlord specifying the breach and may:
Enrolled House Bill 2969 Page 17
(a) Procure reasonable amounts of the essential service during
the period of the landlord's noncompliance and deduct their
actual and reasonable cost from the rent;
(b) Recover damages based upon the diminution in the fair
rental value of the dwelling unit; or
(c) Procure reasonable substitute housing during the period of
the landlord's noncompliance, in which case the tenant is excused
from paying rent for the period of the landlord's noncompliance.
(2) In addition to the remedy provided in subsection (1)(c) of
this section the tenant may recover the actual and reasonable
cost or fair and reasonable value of reasonably comparable
substitute housing.
(3) If contrary to the rental agreement or ORS 90.320 the
landlord negligently fails to repair any cooking appliance or
refrigerator supplied or required to be supplied by the landlord,
or to supply any other essential service, the tenant may give
written notice to the landlord specifying the breach and may
cause the necessary work to be done in a workmanlike manner and,
after submitting to the landlord receipts or an agreed upon
itemized statement, deduct from the rent the actual and
reasonable cost or the fair and reasonable value of the work not
exceeding { - $200 - } { + $500 + }:
(a) The landlord and tenant may agree, at any time, to allow
the tenant to exceed the monetary limits of this subsection when
making reasonable repairs.
(b) Notwithstanding subsection (5)(a) of this section, in case
of emergency, written notice required by this subsection, or
attempted oral notice followed by written notice, may be given as
promptly as the conditions permit.
(c) In the case of a faulty cooking appliance or refrigerator,
'reasonable notice' under subsection (5)(a) of this section shall
be determined in light of the degree to which the tenant has been
deprived of cooking or refrigeration facilities.
(d) This subsection shall not be construed to require a
landlord to supply a cooking appliance or a refrigerator if the
landlord did not supply or agree to supply a cooking appliance or
refrigerator to the tenant.
(4) If the tenant proceeds under this section, the tenant may
not proceed under ORS 90.360 as to that breach.
(5) Rights of the tenant under this section do not arise:
(a) Until the tenant has given reasonable notice under the
circumstances, in writing, to the landlord to enable the landlord
to provide the essential service; or
(b) If the condition was caused by the deliberate or negligent
act or omission of the tenant, a member of the tenant's family or
other person on the premises with the tenant's consent.
(6) Notice required under this section shall be delivered
personally or sent by first class mail. { - For purposes of
this section, 'first class mail' does not include certified or
registered mail, or any other form of mail which may delay or
hinder actual delivery of mail to the recipient. - }
(7) The landlord may specify people to do all work under this
section as long as the tenant's rights under this section are not
diminished.
**************************** SECTION 22. ORS 90.370 is amended
to read:
90.370. (1) { + (a) + } In an action for possession based upon
nonpayment of the rent or in an action for rent when the tenant
is in possession, the tenant may counterclaim for any amount, not
in excess of the jurisdictional limits of the court in which the
Enrolled House Bill 2969 Page 18
action is brought, that the tenant may recover under the rental
agreement or ORS 90.100 to 90.940 { + , provided that the tenant
must prove that prior to the filing of the landlord's action the
landlord reasonably had or should have had knowledge or had
received actual notice of the facts that constitute the tenant's
counterclaim + }.
{ + (b) + } In the event the tenant counterclaims, the court
at the landlord's or tenant's request may order the tenant to pay
into court all or part of the rent accrued and thereafter
accruing, and shall determine the amount due to each party. The
party to whom a net amount is owed shall be paid first from the
money paid into court, and shall be paid the balance by the other
party. The court may at any time release money paid into court to
either party if the parties agree or if the court finds such
party to be entitled to the sum so released. If no rent remains
due after application of this section and unless otherwise agreed
between the parties, a judgment shall be entered for the tenant
in the action for possession.
(2) In an action for rent when the tenant is not in possession,
the tenant may counterclaim as provided in subsection (1) of this
section but is not required to pay any rent into court.
(3) If the tenant does not comply with an order to pay rent
into the court as provided in subsection (1) of this section, the
tenant shall not be permitted to assert a counterclaim in the
action for possession.
(4) If the total amount found due to the tenant on any
counterclaims is less than any rent found due to the landlord,
and the tenant retains possession solely because the tenant paid
rent into court under subsection (1) of this section, no attorney
fees shall be awarded to the tenant unless the tenant paid at
least the balance found due to the landlord into court no later
than the commencement of the trial.
(5) When a tenant is granted a continuance for a longer period
than two days, and has not been ordered to pay rent into court
under subsection (1) of this section, the tenant shall be ordered
to pay rent into court under ORS 105.140 (2).
**************************** SECTION 23. ORS 90.375 is amended
to read:
90.375. If a landlord unlawfully removes or excludes the tenant
from the premises, seriously attempts or seriously threatens
unlawfully to remove or exclude the tenant from the premises or
willfully diminishes services to the tenant by interrupting or
causing the interruption of heat, running water, hot water,
electric or other essential service, the tenant may obtain
injunctive relief to recover possession or may terminate the
rental agreement and recover an amount up to two months' periodic
rent or twice the actual damages sustained by the tenant,
whichever is greater. If the rental agreement is terminated the
landlord shall return all security { + deposits and prepaid
rent + } recoverable under ORS 90.300 { - and all prepaid
rent - } . The tenant need not terminate the rental agreement,
obtain injunctive relief or recover possession to recover damages
under this section.
**************************** SECTION 24. ORS 90.380 is amended
to read:
90.380. (1) If a governmental agency has posted a dwelling as
unlawful to occupy due to the existence of conditions that
violate state or local law and materially affect health or
safety, a landlord shall not enter into a rental agreement for
Enrolled House Bill 2969 Page 19
the dwelling unit until the conditions leading to the posting are
corrected.
(2) If a landlord knowingly violates subsection (1) of this
section, the tenant may immediately terminate the tenancy by
giving the landlord actual notice of the termination and the
reason for the termination and may recover either two months'
periodic rent or up to twice the actual damages sustained by the
tenant as a result of the violation, whichever is greater. The
tenant need not terminate the rental agreement to recover damages
under this section.
(3) If, after a landlord and a tenant have entered into a
rental agreement, a governmental agency posts a dwelling as
unlawful to occupy due to the existence of conditions that
violate state or local law, that materially affect health or
safety and that { + :
(a) + } Were not caused by the tenant, the tenant may
immediately terminate the tenancy by giving the landlord actual
notice of the termination and the reason for the
termination { + ; or + } { - . - }
{ + (b) Were not caused by the landlord or by the landlord's
failure to maintain the dwelling, the landlord may terminate the
tenancy by giving the tenant 24 hours' written notice of the
termination and the reason for the termination, after which the
landlord may take possession in the manner provided in ORS
105.105 to 105.168. + }
(4) If the { - tenant elects to terminate the tenancy - }
{ + tenancy is terminated + }, as a result of conditions as
described in subsections (1) and (3) of this section, within 14
days of the
{ - tenant's - } notice of termination the landlord shall
return to the tenant:
(a) All of the security deposit { + or prepaid rent + } owed
to the tenant under ORS 90.300 { - , including any last month's
rent - } ; and
(b) All rent prepaid for the month in which the termination
occurs, prorated to the date of termination or the date the
tenant vacates the premises, whichever is later { - , and any
other prepaid rent - } .
(5) If conditions at premises which existed at the outset of
the tenancy and which were not caused by the tenant pose an
imminent and serious threat to the health or safety of occupants
of the premises within six months from the beginning of the
tenancy, the tenant may immediately terminate the rental
agreement by giving the landlord actual notice of the termination
and the reason for the termination. In addition, if the landlord
knew or should have reasonably known of the existence of the
conditions, the tenant may recover either two months' periodic
rent or twice the actual damages sustained by the tenant as a
result of the violation, whichever is greater. The tenant need
not terminate the rental agreement to recover damages under this
section. Within four days of the tenant's notice of termination,
the landlord shall return to the tenant:
(a) All of the security deposit { + or prepaid rent + } owed
to the tenant under ORS 90.300 { - , including any last month's
rent - } ; and
(b) All rent prepaid for the month in which the termination
occurs, prorated to the date of termination or the date the
tenant vacates the premises, whichever is later { - , and any
other prepaid rent - } .
Enrolled House Bill 2969 Page 20
(6)(a) A landlord shall return the money due the tenant under
subsections (4) and (5) of this section either by making the
money available to the tenant at the landlord's customary place
of business or by mailing the money by first class mail to the
tenant. The money shall be returned within 14 days if the tenancy
is terminated under subsection (2) or (3) of this section or
within four days if the tenancy is terminated under subsection
(5) of this section.
(b) The tenant has the option of choosing the method for return
of any money due under this section. If the tenant fails to
choose one of these methods at the time of giving the notice of
termination, the landlord shall use the mail method, addressed to
the tenant's last-known address and mailed within the relevant
period (four or 14 days) following the tenant's notice.
(7) If the landlord fails to comply with subsection (6) of this
section, the tenant may recover the money due in an amount equal
to twice the amount due.
**************************** SECTION 25. ORS 90.385 is amended
to read:
90.385. (1) Except as provided in this section, a landlord may
not retaliate by increasing rent or decreasing services, by
serving a notice to terminate the tenancy or by bringing or
threatening to bring an action for possession after:
(a) The tenant has complained to, or expressed to the landlord
in writing an intention to complain to, a governmental agency
charged with responsibility for enforcement of any of the
following concerning a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting
health or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental
housing;
(b) The tenant has complained to the landlord of a violation
of:
(A) ORS 90.305, 90.315, 90.320, 90.335 or 90.435;
(B) A written rental agreement; or
(C) If there is no written rental agreement, an oral rental
agreement;
(c) The tenant has organized or become a member of a tenants'
union or similar organization;
(d) The tenant has complained to the landlord of a failure to
comply with the notice requirements of ORS 90.240 { - (4) - }
{ + (5) + };
(e) The tenant has testified against the landlord in any
judicial, administrative or legislative proceeding; or
(f) The tenant successfully defended an action for possession
brought by the landlord within the previous six months.
(2) If the landlord acts in violation of subsection (1) of this
section the tenant is entitled to the remedies provided in ORS
90.375 and has a defense in any retaliatory action against the
tenant for possession.
(3) Notwithstanding subsections (1) and (2) of this section, a
landlord may bring an action for possession if:
(a) The violation of the applicable building or housing code
was caused primarily by lack of reasonable care by the tenant or
other person in the household of the tenant or upon the premises
with the consent of the tenant;
(b) The tenant is in default in rent; or
Enrolled House Bill 2969 Page 21
(c) Compliance with the applicable building or housing code
requires alteration, remodeling or demolition which would
effectively deprive the tenant of use of the dwelling unit.
{ + (4) For the purposes of subsection (3)(b) of this
section, a tenant who has paid rent into court pursuant to ORS
90.370 shall not be considered to be in default in rent. + }
{ - (4) - } { + (5) + } The maintenance of an action under
subsection (3) of this section does not release the landlord from
liability under ORS 90.360 (2).
**************************** SECTION 26. ORS 90.400 is amended
to read:
90.400. (1)(a) Except as provided in ORS 90.100 to 90.940, if
there is a material noncompliance by the tenant with the rental
agreement { + , + } { - or - } a noncompliance with ORS 90.325
materially affecting health and safety, { + a material
noncompliance with a rental agreement regarding a program of
recovery in drug and alcohol free housing or a failure to pay a
late charge pursuant to ORS 90.260, + } the landlord may deliver
a written notice to the tenant terminating the tenancy for cause
as provided in this subsection. The notice shall specify the acts
and omissions constituting the breach and shall state that the
rental agreement will terminate upon a date not less than 30 days
after { - receipt - } { + delivery + } of the notice. If the
breach is remedial by repairs { + , + } { - or the - } payment
of damages { + , payment of late charge, change in conduct + } or
otherwise, the notice shall also state that the tenant can avoid
termination by remedying the breach within 14 days.
(b) If the breach is not remedied in 14 days, the rental
agreement shall terminate as provided in the notice subject to
paragraphs (c) and (d) of this subsection.
(c) If { - the breach is remedial by repairs or the payment
of damages or otherwise and - } the tenant adequately remedies
the breach before the date { + for remedying the breach as + }
specified in the notice, the rental agreement shall not
terminate.
(d) If substantially the same act or omission which constituted
a prior noncompliance of which notice was given recurs within six
months, the landlord may terminate the rental agreement upon at
least 10 days' written notice specifying the breach and the date
of termination of the rental agreement.
(e) In the case of a week-to-week tenancy, the notice periods
in:
(A) Paragraph (a) of this subsection shall be changed from 30
days to seven days and from 14 days to four days;
(B) Paragraph (b) of this subsection shall be changed from 14
days to four days; and
(C) Paragraph (d) of this subsection shall be changed from 10
days to four days.
{ + (f) In residential tenancies subject to ORS 90.500 to
90.840, the time lines provided in paragraphs (b) and (d) of this
subsection will be governed by the time lines in ORS 90.630
(3). + }
{ - (2) If rent is unpaid when due and the tenant fails to
pay rent within seven days, including the first day rent is due,
the landlord, after 72 hours' written notice of nonpayment and
the landlord's intention to terminate the rental agreement if the
rent is not paid within that period, may immediately terminate
the rental agreement and take possession in the manner provided
in ORS 105.105 to 105.168. This subsection may not be used to
terminate a tenancy for nonpayment of rent when the only moneys
Enrolled House Bill 2969 Page 22
owing represent a late charge. In the case of a week-to-week
tenancy, the notice described in this subsection may be given
when the tenant fails to pay rent within four days. - }
{ + (2) The landlord may immediately terminate the rental
agreement for nonpayment of rent and take possession of the
dwelling unit in the manner provided in ORS 105.105 to 105.168
after written notice, as follows:
(a) In the case of a week-to-week tenancy, by delivering to the
tenant at least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the fifth day of the rental period,
including the first day the rent is due.
(b) In the case of all other tenancies, by delivering to the
tenant:
(A) At least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the eighth day of the rental period,
including the first day the rent is due; or
(B) If a written rental agreement so provides, at least 144
hours' written notice of nonpayment and the landlord's intention
to terminate the rental agreement if the rent is not paid within
that period. The landlord shall give this notice no sooner than
on the fifth day of the rental period, including the first day
the rent is due.
(c) The notices described in this subsection shall also specify
the date and time by which the tenant must pay the rent to cure
the nonpayment of rent. + }
(3) The landlord, after 24 hours' written notice specifying the
causes, may immediately terminate the rental agreement and take
possession in the manner provided in ORS 105.105 to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens immediately to inflict personal injury,
or inflicts any substantial personal injury, upon the landlord or
other tenants;
(b) The tenant, someone in the tenant's control, or the
tenant's pet inflicts any substantial personal injury upon a
neighbor living in the immediate vicinity of the premises or upon
a person other than the tenant on the premises with permission of
the landlord or another tenant;
(c) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises;
(d) The tenant has vacated the premises, the person in
possession is holding contrary to a written rental agreement that
prohibits subleasing the premises to another or allowing another
person to occupy the premises without the written permission of
the landlord, and the landlord has not knowingly accepted rent
from the person in possession; or
(e) The tenant or someone in the tenant's control commits any
act which is outrageous in the extreme. An 'act outrageous in the
extreme' includes, but is not limited to, the following acts
which the tenant or person in the tenant's control has in fact
committed on the premises or in the immediate vicinity of the
premises:
(A) Prostitution or promotion of prostitution, as described in
ORS 167.007 and 167.012;
(B) Manufacture or delivery of a controlled substance, as
described in ORS 475.005 but not including delivery as described
in ORS 475.992 (2)(b);
Enrolled House Bill 2969 Page 23
(C) Intimidation, as described in ORS 166.165; or
(D) Burglary as described in ORS 164.225.
(4) The landlord's 24 hours' written notice given under
subsection (3)(d) of this section shall not be construed as an
admission by the landlord that the individual occupying the
premises is a lessee or sublessee of the landlord.
(5) With regard to 'acts outrageous in the extreme' as
described in subsection (3)(e) of this section, an act can be
proven to be outrageous in the extreme even if it is one that
does not violate a criminal statute. In addition, notwithstanding
the reference in subsection (3) of this section to existing
criminal statutes, the landlord's standard of proof in an action
for possession under this subsection remains the civil standard,
proof by a preponderance of the evidence.
(6) If a good faith effort by a landlord to terminate a tenancy
pursuant to subsection (3)(e) of this section and to recover
possession of the rental unit pursuant to ORS 105.105 to 105.168
fails by decision of the court, the landlord shall not be found
in violation of any state statute or local ordinance requiring
the landlord to remove that tenant upon threat of fine, abatement
or forfeiture as long as the landlord continues to make a good
faith effort to terminate the tenancy.
{ + (7) If a tenant living for less than two years in drug
and alcohol free housing uses, possesses or shares alcohol,
illegal drugs, controlled substances or prescription drugs
without a medical prescription, the landlord may deliver a
written notice to the tenant terminating the tenancy for cause as
provided in this subsection. The notice shall specify the acts
constituting the drug or alcohol violation and shall state that
the rental agreement will terminate in not less than 48 hours
after delivery of the notice, at a specified date and time. The
notice shall also state that the tenant can cure the drug or
alcohol violation by a change in conduct or otherwise within 24
hours after delivery of the notice. If the tenant cures the
violation within the 24-hour period, the rental agreement shall
not terminate. If the tenant does not cure the violation within
the 24-hour period, the rental agreement shall terminate as
provided in the notice. If substantially the same act that
constituted a prior drug or alcohol violation of which notice was
given reoccurs within six months, the landlord may terminate the
rental agreement upon at least 24 hours' written notice
specifying the violation and the date and time of termination of
the rental agreement. The tenant shall not have a right to cure
such a subsequent violation.
(8) Except as provided in ORS 90.100 to 90.940, a landlord may
pursue any one or more of the remedies listed in this section,
simultaneously or sequentially. + }
{ - (7) - } { + (9) + } Except as provided in ORS 90.100 to
90.940, the landlord may recover damages and obtain injunctive
relief for any noncompliance by the tenant with the rental
agreement or ORS 90.325.
**************************** SECTION 27. ORS 90.402 is amended
to read:
90.402. (1) Notwithstanding ORCP 10 and not including the
seven-day and four-day waiting periods provided in ORS 90.400
(2), where there are references in ORS 90.100 to 90.940 to
periods and notices based on a number of days, those days shall
be calculated by consecutive calendar days, not including the
initial day of service, but including the last day until midnight
of that last day. Where there are references in this chapter to
Enrolled House Bill 2969 Page 24
periods or notices based on a number of hours, those hours shall
be calculated in consecutive clock hours, beginning immediately
upon service.
(2) Notwithstanding subsection (1) of this section, for 72-hour
{ + or 144-hour + } nonpayment notices under ORS 90.400 (2) that
are served pursuant to ORS 90.910 { - (3)(a) - } { +
(4)(a) + }, the time period described in subsection (1) of this
section begins at 11:59 p.m. the day the notice is both mailed
and attached to the premises. The time period shall end 72 hours
{ + or 144 hours, as the case may be, + } after the time started
to run at 11:59 p.m.
**************************** SECTION 28. ORS 90.405 is amended
to read:
90.405. (1) If the tenant, in violation of the rental
agreement, keeps on the premises a { - dog, cat or other - }
{ + + }pet capable of causing damage to persons or property,
the landlord may deliver a written notice specifying the
violation and stating that the tenancy will terminate upon a date
not less than 10 days after the receipt of the notice unless the
tenant removes the pet from the premises prior to the termination
date specified in the notice. If the pet is not removed by the
date specified, the tenancy shall terminate and the landlord may
take possession in the manner provided in ORS 105.105 to 105.168.
(2) If substantially the same act which constituted a prior
noncompliance of which notice was given under subsection (1) of
this section recurs within six months, the landlord may terminate
the rental agreement upon at least 10 days' written notice
specifying the breach and the date of termination of the rental
agreement.
(3) This section shall not apply to any tenancy governed by ORS
{ - 90.505 to 90.760 and 90.770 to 90.940 - } { + 90.500 to
90.840 + }.
**************************** SECTION 29. ORS 90.410 is amended
to read:
90.410. (1) If the rental agreement requires the tenant to give
{ + actual + } notice to the landlord of an anticipated extended
absence in excess of seven days as permitted by ORS 90.340 and
the tenant willfully fails to do so, the landlord may recover
actual damages from the tenant.
(2) During any absence of the tenant in excess of seven days,
the landlord may enter the dwelling unit at times reasonably
necessary.
(3) If the tenant abandons the dwelling unit, the landlord
shall make reasonable efforts to rent it for a fair rental. If
the landlord rents the dwelling unit for a term beginning before
the expiration of the rental agreement, the rental agreement
terminates as of the date of the new tenancy. If the landlord
fails to use reasonable efforts to rent the dwelling unit at a
fair rental or if the landlord accepts the abandonment as a
surrender by an act inconsistent with the existence of the
tenancy, the rental agreement is deemed to be terminated by the
landlord as of the date the landlord knows or should know of the
abandonment. If the tenancy is from month to month or week to
week, the term of the rental agreement for this purpose is deemed
to be a month or a week, as the case may be.
**************************** SECTION 30. ORS 90.415 is amended
to read:
90.415. (1) Except as otherwise provided in this section, a
landlord waives the right to terminate a rental agreement for a
particular breach if the landlord:
Enrolled House Bill 2969 Page 25
(a) Accepts rent with knowledge of the default by the tenant;
or
(b) Accepts performance by a tenant that varies from the terms
of the rental agreement.
(2) A landlord does not waive the right to terminate as
described in subsection (1) of this section if the landlord and
tenant agree otherwise after the breach has occurred.
(3) A landlord's acceptance of partial rent for a rental period
is not a waiver under subsection (1) of this section of the right
to terminate the rental agreement during the rental period for
nonpayment if:
(a) The landlord accepted the partial rent before the landlord
gave any notice of intent to terminate under ORS 90.400 (2) based
on the tenant's agreement to pay the balance by a time certain;
and
(b) The tenant does not pay the balance of the rent as agreed.
(4) A landlord who accepts partial rent under subsection (3) of
this section may proceed to serve a notice under ORS 90.400 (2)
to terminate the tenancy if the balance of the rent is not paid,
provided:
(a) The notice is served no earlier than it would have been
permitted under ORS 90.400 (2) had no rent been accepted; and
(b) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours { + or 144 hours, as the case may be, + } or by any date
to which the parties agreed, whichever is later.
(5) Unless a landlord and tenant agree otherwise in writing, a
landlord waives the right to terminate a rental agreement for
nonpayment during a rental period by accepting partial rent for
the period if the landlord accepts the partial rent after the
landlord has served notice of intent to terminate under ORS
90.400 (2).
(6) A written agreement under subsection (5) of this section
may provide that the landlord may proceed to terminate the rental
agreement and take possession in the manner provided by ORS
105.105 to 105.168 without serving a new notice under ORS 90.400
(2) in the event the tenant fails to pay the balance of the rent
by a time certain.
(7) A landlord who has previously given a termination notice
for cause other than nonpayment of rent does not waive the right
to terminate the rental agreement for that cause if the landlord
accepts rent prorated to the termination date specified in the
notice.
(8) A landlord's acceptance of partial rent for a rental period
does not waive the right to evict for nonpayment of rent if the
entire amount of the partial payment was from funds paid under
the United States Housing Act of 1937 (42 U.S.C. { - �1437 - }
{ + �1437f + }) or any state low income rental housing fund
administered by the Housing and Community Services Department.
(9) A landlord who has served a notice of termination for cause
under ORS 90.400 (1) and who has commenced proceedings under ORS
105.105 to 105.168 to recover possession of the premises does not
waive the right to evict on that notice:
(a) By accepting rent for any period beyond the expiration of
the notice during which the tenant remains in possession
provided:
(A) The landlord notifies the tenant in writing, in or after
the service of the notice of termination for cause, that
acceptance of rent while an eviction action is pending will not
waive the right to evict on that notice; and
Enrolled House Bill 2969 Page 26
(B) The rent does not cover a period extending beyond the date
of its acceptance.
(b) By serving a notice of nonpayment of rent under ORS 90.400
(2).
**************************** SECTION 31. ORS 90.425 is amended
to read:
90.425. (1) The landlord may dispose of any goods, chattels,
motor vehicles or other personal property left upon the premises
by the tenant in the manner provided by subsections { - (4) - }
{ + (3) + } and (5) of this section, after giving notice as
required by
{ - subsection - } { + subsections + } (2) { + and (3) + }
of this section, in the following circumstances only:
(a) A tenancy terminates by expiration of a { - lease - }
{ + rental agreement + } or surrender or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the property upon the
premises with no intention of asserting any further claim to the
premises or to the property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord elects to remove the property pursuant to ORS
105.165.
(2) To dispose of the tenant's property under this section, the
landlord must give a written notice to the tenant which shall be:
{ + (a) Personally delivered to the tenant; or + }
{ - (a) - } { + (b) + } Sent by first class mail { - ; - }
{ + in an envelope indorsed ' Please Forward' and + }
{ - (b) - } { + + }addressed and mailed to the tenant at:
(A) The premises;
(B) Any post-office box held by the tenant and known to the
landlord; and
(C) The most recent forwarding address if provided by the
tenant or known to the landlord { + . + } { - ; and - }
{ - (c) Mailed in an envelope indorsed 'Please Forward' - }
{ - (3) 'First class mail' for purposes of this section does
not include certified or registered mail, or any other form of
mail which may delay or hinder actual delivery of mail to the
tenant. - }
{ - (4) - } { + (3) + } The notice required under
subsection (2) of this section shall state that the property is
considered abandoned and must be removed from the premises or
from the place of safekeeping, if the landlord has stored the
property as provided in subsection (5) of this section, by a
specified day not less than 15 days after delivery of the notice
or the property will be sold or otherwise disposed of, and if the
abandoned property is not removed:
(a) The landlord may sell the property at a public or private
sale; { - or - }
(b) The landlord may destroy or otherwise dispose of the
property if the landlord reasonably determines that the
{ + current fair market + } value of the property is { + less
than $500 or + } so low that the cost of storage and conducting a
public sale probably exceeds the amount that would be realized
from the sale; or
(c) { + Consistent with paragraphs (a) and (b) of this
subsection, + } the landlord may sell certain items and destroy
or otherwise dispose of the remaining property.
Enrolled House Bill 2969 Page 27
{ + (4) For purposes of this section, 'dispose of the
property ' means that where reasonably appropriate the landlord
may throw away the property or may give it without consideration
to an unrelated person or to a nonprofit organization. The
landlord may not retain the property for personal use or
benefit. + }
(5) After notifying the tenant as required by subsections (2)
and { - (4) - } { + (3) + } of this section the
landlord { + :
(a) + } Shall store all goods, chattels, motor vehicles and
other personal property of the tenant in a place of safekeeping
and shall exercise reasonable care for the property, except that
the landlord may { + :
(A) + } Promptly dispose of rotting food { + ; + } and
{ + (B) + } Allow an animal control agency to remove any
abandoned pets or livestock. { + If an animal control agency
will not remove the abandoned pets or livestock, the landlord
shall exercise reasonable care for the animals given all the
circumstances, including the type and condition of the animals,
and may give the animals to an agency that is willing and able to
care for the animals, such as a humane society or similar
organization;
(b) + } { - The landlord - } May store a tenant's
manufactured dwelling on the space rented or elsewhere on the
premises { + ; + } { - . - }
{ + (c) + } { - The landlord - } Shall be entitled to
reasonable storage charges and costs incidental to storage { +
or disposal; and + } { - . - }
{ + (d) + } { - The landlord - } May store the property in
a commercial storage company, in which case the storage cost
shall include the actual storage charge plus the cost of removal
of the property to the place of storage.
(6) { + + }If the tenant upon the receipt of the notice
provided by subsections (2) and { - (4) - } { + (3) + } of
this section or otherwise responds in writing to the landlord on
or before the day specified in the landlord's notice that the
tenant intends to remove the property from the premises or from
the place of safekeeping, if the landlord has stored the property
as provided in subsection (5) of this section, and does not do so
within the time specified in the notice or within 15 days after
the delivery of the tenant's response, whichever is later, the
tenant's property shall be conclusively presumed to be abandoned.
Except as provided in ORS 105.165, if the tenant removes the
property the landlord shall be entitled to the cost of storage
for the period the property remains in the landlord's
safekeeping, including any cost of removal of the property to the
place of storage.
(7) The landlord shall not be responsible for any loss to the
tenant resulting from storage of property in compliance with this
section unless the loss was caused by the landlord's deliberate
or negligent act. In the event of deliberate and malicious
violation the landlord shall be liable for twice the actual
damages sustained by the tenant.
(8) A public or private sale authorized by this section shall
be conducted under the provisions of ORS 79.5040 (3).
(9)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable cost of notice, storage and sale; and
(B) Unpaid rent.
Enrolled House Bill 2969 Page 28
(b) After deducting the amounts listed in paragraph (a) of this
subsection the landlord shall remit to the tenant the remaining
proceeds, if any, together with an itemized accounting.
(c) If the tenant cannot after due diligence be found, the
remaining proceeds shall be deposited with the county treasurer
of the county in which the sale occurred, and if not claimed
within three years shall revert to the general fund of the county
available for general purposes.
(10) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant
against a landlord for loss or damage to such personal property
disposed of pursuant to this section.
(11) If a landlord seizes and retains a tenant's personal
property without complying with this section, the tenant shall be
relieved of any liability for damage to the premises caused by
conduct which was not deliberate, intentional or grossly
negligent and for unpaid rent and may recover up to twice the
actual damages sustained by the tenant.
**************************** SECTION 32. ORS 90.900 is amended
to read:
90.900. (1) The landlord or the tenant may terminate a
week-to-week tenancy by a written notice given to the other at
least 10 days before the termination date specified in the
notice.
(2) The landlord or the tenant may terminate a month-to-month
tenancy by giving to the other, at any time during the tenancy,
not less than 30 days' notice in writing prior to the date
designated in the notice for the termination of the tenancy.
{ + (3) + } The tenancy shall terminate on the date
designated and without regard to the expiration of the period for
which, by the terms of the tenancy, rents are to be paid. Unless
otherwise agreed, rent is uniformly apportionable from day to
day.
{ - (3) - } { + (4) + } If the tenant remains in possession
without the landlord's consent after expiration of the term of
the rental agreement or its termination, the landlord may bring
an action for possession and if the tenant's holdover is willful
and not in good faith the landlord may also recover not more than
two months' periodic rent or twice the actual damages sustained
by the landlord, whichever is greater. If the landlord consents
to the tenant's continued occupancy, ORS 90.240 { - (4) - }
{ + (5) + } applies. { +
(5) Subsections (1) and (2) of this section shall not apply to
a landlord who rents a space for a manufactured dwelling or a
floating home to a tenant pursuant to ORS 90.500 to 90.840. + }
**************************** SECTION 33. ORS 90.905 is amended
to read:
90.905. When a dwelling unit not { - located within a
facility - } { + covered by ORS 90.500 to 90.840 + } consists
of space for a manufactured dwelling or moorage space for a
floating home, and does not include the manufactured dwelling or
floating home itself, the landlord may terminate a month-to-month
tenancy without a cause specified in ORS 90.400 by delivering a
written notice of termination to the tenant not less than 180
days before the termination date stated in that notice.
**************************** SECTION 34. ORS 90.510 is amended
to read:
90.510. (1) Effective July 1, 1992, every landlord who rents a
space for a manufactured dwelling or floating home shall provide
Enrolled House Bill 2969 Page 29
a written statement of policy to prospective and existing tenants
that shall provide the following information in summary form:
(a) The location and approximate size of the space to be
rented;
(b) The federal fair-housing age classification and present
zoning that affect the use of the rented space;
(c) The facility policy regarding rent adjustment;
(d) All personal property, services and facilities to be
provided by the landlord;
(e) All refundable deposits, nonrefundable fees and
installation charges imposed by the landlord and installation
fees imposed by government agencies;
(f) The facility policy regarding rental agreement termination
including, but not limited to, closure of the facility;
(g) The facility policy regarding facility sale;
(h) The facility policy regarding informal dispute resolution;
and
(i) Utilities and services available, the person furnishing
them and the person responsible for payment.
(2) The rental agreement and the facility rules and regulations
shall be attached as an exhibit to the statement of policy. If
the recipient of the statement of policy is a tenant, the rental
agreement attached to the statement of policy shall be a copy of
the agreement entered by the landlord and tenant.
(3) Effective July 1, 1992:
(a) Prospective tenants shall receive a copy of the statement
of policy before signing a rental agreement;
(b) Existing tenants who are on month-to-month rental
agreements shall receive a copy of the statement of policy at the
time the next 90-day notice of a rent increase is issued; and
(c) All other existing tenants shall receive a copy of the
statement of policy upon the expiration of their current rental
agreement and before signing a new agreement.
(4) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide a written rental
agreement { + , except as provided by ORS 90.710 (2)(d), + }
which shall be signed by the landlord and tenant and which cannot
be unilaterally amended by one of the parties to the contract
except by:
(a) Mutual agreement of the parties;
(b) Actions pursuant to ORS 90.600 or subsection (8) of this
section; or
(c) Those provisions required by changes in statute or
ordinance.
(5) The agreement required by subsection (4) of this section
shall specify:
(a) The location and approximate size of the rented space;
(b) The federal fair-housing age classification;
(c) The rent per month;
(d) All personal property, services and facilities to be
provided by the landlord;
(e) All refundable deposits, nonrefundable fees and
installation charges imposed by the landlord, and installation
fees imposed by governmental agencies;
(f) Improvements which the tenant may or must make to the
rental space, including plant materials and landscaping;
(g) Provisions for dealing with improvements to the rental
space at the termination of the tenancy;
(h) Any conditions the landlord applies in approving a
purchaser of a manufactured dwelling or floating home as a tenant
Enrolled House Bill 2969 Page 30
in the event the tenant elects to sell the home. Such conditions
shall be in conformance with state and federal law and may
include, but are not limited to, conditions as to pets, number of
occupants, credit references, character references and criminal
records;
(i) That the tenant shall not sell the tenant's manufactured
dwelling or floating home to a person who intends to leave the
manufactured dwelling or floating home on the rental space until
the landlord has accepted the person as a tenant;
(j) The term of the tenancy;
(k) The process by which the rental agreement or rules and
regulations may be changed which shall identify that the rules
and regulations may be changed with 60 days' notice unless 51
percent of the tenants file an objection within 30 days; and
(L) The process by which notices shall be given by either
landlord or tenant.
(6) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide rules and regulations
concerning the tenant's use and occupancy of the premises. A
violation of the rules and regulations may be cause for eviction.
However, this subsection does not create a presumption that all
rules and regulations are identical for all tenants at all times.
A rule or regulation shall be enforceable against the tenant only
if:
(a) The rule or regulation:
(A) Promotes the convenience, safety or welfare of the tenants;
(B) Preserves the landlord's property from abusive use; or
(C) Makes a fair distribution of services and facilities held
out for the general use of the tenants.
(b) The rule or regulation:
(A) Is reasonably related to the purpose for which it is
adopted and is reasonably applied;
(B) Is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant of
what the tenant shall or shall not do to comply; and
(C) Is not for the purpose of evading the obligations of the
landlord.
(7)(a) A landlord who rents a space for a manufactured dwelling
or floating home may adopt a rule or regulation regarding
occupancy guidelines. If adopted, an occupancy guideline in a
facility shall be based on reasonable factors and shall not be
more restrictive than limiting occupancy to two people per
bedroom.
(b) As used in this subsection:
(A) 'Reasonable factors' may include but are not limited to:
(i) The size of the dwelling.
(ii) The size of the rented space.
(iii) Any discriminatory impact for reasons identified in ORS
659.033.
(iv) Limitations placed on utility services governed by a
permit for water or sewage disposal.
(B) 'Bedroom' means a room that is intended to be used
primarily for sleeping purposes and does not include bathrooms,
toilet compartments, closets, halls, storage or utility space and
similar areas.
(8) Notwithstanding a change in the rules and regulations of a
facility which would prohibit pets, a tenant may keep a pet that
is otherwise legally living with the tenant at the time the
landlord provides notice of the proposed change to the rules and
regulations of the facility. The tenant may replace a pet with a
Enrolled House Bill 2969 Page 31
pet similar to the one living with the tenant at the time the
landlord provided notice of the proposed change. New rules and
regulations that regulate the activities of pets shall apply to
all pets in the facility, including those pets who were living in
the facility prior to the adoption of the new rule or regulation.
(9) When a rental agreement does not specifically provide
otherwise, the facility management may elect to bill a tenant
separately for utility service fees and charges assessed by the
utility for services provided to or for spaces in the facility.
Any separately billed utility fees and charges shall not be
considered to be included in the rent charged for those spaces
under the rental agreement and shall not be considered to be rent
or a rent increase. Utility services to which this subsection
applies are natural or liquid propane gas, electricity, water,
cable television, garbage or refuse service and sewer service.
Nothing in this subsection requires rental agreements to provide
for separate billing to tenants of fees and charges.
(10) Intentional and deliberate failure of the landlord to
comply with subsections (1) to (3) of this section shall be cause
for suit or action to remedy the violation or to recover actual
damages. The prevailing party is entitled to reasonable attorney
fees and court costs.
(11) A receipt signed by the potential tenant or tenants for
documents required to be delivered by the landlord pursuant to
subsections (1) to (3) of this section shall be a defense for the
landlord in an action against the landlord for nondelivery of the
documents.
(12) A suit or action arising under subsection (10) of this
section must be commenced within one year after the discovery or
identification of the alleged violation.
**************************** SECTION 35. ORS 90.600 is amended
to read:
90.600. (1) In the case of a rental agreement to which ORS
90.500 to { - 90.940 - } { + 90.840 + } apply, the landlord
may not increase the rent unless:
(a) The landlord gives notice in writing to each affected
tenant at least 90 days prior to the effective date of the rent
increase specifying the amount of the increase, the amount of the
new rent and the date on which the increase becomes effective;
(b) The landlord gives each affected tenant prior notice in
writing that the landlord or a representative of the landlord
will be available for discussion with tenants at a specified time
which is not less than 10 nor more than 30 days after the date on
which the landlord gave notice of the rent increase, and at a
specified place which is on the premises in the case of a
facility with facilities suitable for that purpose or, in all
other cases, at a location reasonably convenient to tenants; and
(c) The landlord or a representative of the landlord is in fact
available for discussion with tenants at the time and place
specified in the notice required by subsection (2) of this
section.
(2) The notice required by subsection (1)(b) of this section
shall be given with or after the notice of rent increase, and not
less than 10 days before the time at which the landlord is
available for discussion, unless the time and place that the
landlord is available is a regular office hour or regularly
scheduled meeting known to the tenants.
(3) In the event an association of tenants or a tenants'
association chapter of tenants who reside in the facility
requests in writing, within 10 days after mailing of a notice of
Enrolled House Bill 2969 Page 32
rent increase under subsection (1) of this section, that the
landlord meet to discuss the rent increase, the rent increase
shall not become effective unless:
(a) The landlord or a representative of the landlord holds one
meeting which shall be open, but may be limited to, all tenants
of the facility;
(b) The meeting is held not less than 10 nor more than 30 days
after written notice to all tenants of the time and place of the
meeting, and not more than 40 days after mailing of the notice of
the rent increase; and
(c) The meeting is held on the premises if the facility has
facilities suitable for that purpose, or at a location reasonably
convenient to the tenants if the facility has no such facilities.
(4) A meeting held under subsection (3) of this section
constitutes compliance with subsection (1)(b) and (c) of this
section.
(5) This section does not create a right to increase rent that
does not otherwise exist.
(6) This section does not require a landlord to compromise or
reduce a rent increase that the landlord otherwise is entitled to
impose.
(7) { + Neither + } ORS 90.510 (1) { - to (3) - } ,
requiring a landlord to provide a statement of policy, { + nor
ORS 90.510 (4), requiring a landlord to provide a written rental
agreement, + }shall { - not - } be construed to create a
basis for tenant challenge of a rent increase, judicially or
otherwise.
**************************** SECTION 36. ORS 90.610 is amended
to read:
90.610. (1) Notwithstanding ORS 90.245 (1), the parties to a
rental agreement to which ORS 90.500 to 90.840 applies shall
provide for a process establishing informal dispute resolution
{ - as defined in ORS 90.500 - } of disputes that may arise
concerning the rental agreement for a manufactured dwelling or
floating home space.
(2) The landlord may propose changes in rules or regulations,
including changes that make a substantial modification of the
landlord's bargain with a tenant, by giving notice of the
proposed rule or regulation change, and unless tenants of 51
percent of the rented spaces in the facility object in writing
within 30 days of the date the notice was served, the change
shall be effective for all tenants on a date not less than 60
days after the date that the notice was served by the landlord.
(3) One tenant of record per rented space may object to the
rule or regulation change through either:
(a) An individual written communication to the landlord; or
(b) A petition format that shall include a copy of the proposed
rule or regulation and of the notice.
(4) Notwithstanding subsection (3) of this section, a proxy may
be used only if a tenant has a disability that prevents the
tenant from objecting to the rule or regulation change in
writing.
(5) The landlord's notice of a proposed change in rules or
regulations required by subsection (2) of this section shall
include:
(a) Language of the existing rule or regulation and the
language that would be added or deleted by the proposed rule or
regulation change; and
(b) A statement substantially in the following form:
Enrolled House Bill 2969 Page 33
_________________________________________________________________
NOTICE OF PROPOSED RULE CHANGE
The landlord intends to change a rule or regulation in this
facility.
The change will go into effect unless tenants of 51 percent of
the rented spaces object in writing within 30 days.
The number of rented spaces as of the date of this notice
is: ___.
The last day for written objection to be delivered to the
landlord is ________ (landlord fill in date).
Unless tenants in 51 percent of the rented spaces object, the
proposed rule will go into effect on ________.
The parties may attempt to resolve disagreements regarding the
proposed rule change by using the facility's informal dispute
resolution process.
_________________________________________________________________
(6) After the effective date of the rule or regulation change,
when a tenant continues to engage in an activity affected by the
new rule or regulation to which the landlord objects, the
landlord may give the tenant a notice of termination of the
tenancy pursuant to ORS 90.630. The notice shall include a
statement that the tenant may request a resolution through the
facility's informal dispute resolution process by giving the
landlord a written request within seven days from the date the
notice was served. If the tenant requests an informal dispute
resolution, the landlord may not file an action for possession
pursuant to ORS 105.105 to 105.168 until 30 days after the date
of the tenant's request for informal dispute resolution or the
date the informal dispute resolution is complete, whichever
occurs first.
(7) No agreement under this section shall require informal
dispute resolution of disputes relating to:
(a) Facility closure;
(b) Facility sale; or
(c) Rent, including but not limited to amount, increase and
nonpayment.
(8) ORS 90.510 (1) to (3), requiring a landlord to provide a
statement of policy, shall not be construed to create a basis for
a tenant to demand informal dispute resolution of a rent
increase.
**************************** SECTION 37. ORS 90.630 is amended
to read:
90.630. (1) Except as provided in subsection (3) of this
section, the landlord may terminate the rental agreement for
space for a manufactured dwelling or floating home by giving to
the tenant not less than 30 days' notice in writing before the
date designated in the notice for termination if the tenant:
(a) Violates a law or ordinance which related to the tenant's
conduct as a tenant; or
(b) Violates a rule imposed as a condition of occupancy.
(2) The notice required by subsection (1) of this section shall
state facts sufficient to notify the tenant of the reasons for
termination of the tenancy.
(3) The tenant may avoid termination of the tenancy by
correcting the violation within the 30-day period specified in
subsection (1) of this section. However, if substantially the
same act or omission which constituted a prior violation of which
notice was given recurs within six months, the landlord may
Enrolled House Bill 2969 Page 34
terminate the tenancy upon at least 20 days' written notice
specifying the violation and the date of termination of the
tenancy.
(4) The landlord of a facility { - , as defined in ORS
90.500, - } may terminate the rental agreement for a facility
space if the facility or a portion of it that includes the space
is to be closed and the land or leasehold converted to a
different use, which is not required by the exercise of eminent
domain or by order of state or local agencies, by:
(a) Not less than 365 days' notice in writing before the date
designated in the notice for termination; or
(b) Not less than 180 days' notice in writing before the date
designated in the notice for termination, if the landlord finds
space acceptable to the tenant to which the tenant can move the
manufactured dwelling or floating home and the landlord pays the
cost of moving and set-up expenses or $3,500, whichever is less.
(5) The landlord may:
(a) Provide greater financial incentive to encourage the tenant
to accept an earlier termination date than that provided in
subsection (4) of this section; or
(b) Contract with the tenant for a mutually acceptable
arrangement to assist the tenant's move.
(6) The Housing and Community Services Department shall adopt
rules to implement the provisions of subsection (4) of this
section.
(7)(a) A landlord shall not increase the rent for the purpose
of offsetting the payments required under this section.
(b) There shall be no increase in the rent after a notice of
termination is given pursuant to this section.
(8) Nothing in this section shall limit a landlord's right to
terminate a tenancy for nonpayment of rent or any other cause
stated in ORS 90.100 to 90.940 by complying with ORS 105.105 to
105.168.
(9) Nothing in subsection (4) of this section shall prevent a
landlord from relocating a floating home to another comparable
space in the same facility or another facility owned by the same
owner in the same city if the landlord desires or is required to
make repairs, to remodel or to modify the tenant's original
space.
**************************** SECTION 38. ORS 90.690 is amended
to read:
90.690. (1) If a facility tenant residing alone dies, the
landlord may dispose of the manufactured dwelling or floating
home pursuant to ORS 90.425 subject to subsection (2) of this
section, provided:
(a) The landlord has requested in writing { - within two
years before the tenant's death - } that the tenant designate a
person to be contacted in the event of the tenant's death; or
(b) A personal representative has been duly appointed for the
tenant.
(2) If subsection (1) of this section applies, the landlord may
proceed as provided by ORS 90.425, except that the notice
required by ORS 90.425 (2):
(a) Shall be sent to any personal representative appointed for
the tenant and to any person designated by the tenant under
subsection (1)(a) of this section, except that if the tenant
failed to designate a person upon written request and there is no
personal representative, the landlord shall send the notice to
{ - all - } { + any + } living relatives of the tenant for
whom the landlord has an address, if any;
Enrolled House Bill 2969 Page 35
(b) Shall state that any person entitled to possession of the
manufactured dwelling or floating home may remove it within 90
days of the mailing of the notice after paying reasonable storage
charges and costs incidental to storage pursuant to ORS 90.425
(5);
(c) Shall state that the manufactured dwelling or floating home
may remain on the premises beyond the 90 days pending the
conclusion of probate proceedings if reasonable storage charges
not exceeding the tenant's monthly rent are kept current;
(d) Shall state any terms and conditions under which a devisee,
legatee, heir or purchaser from the estate of the tenant who is
entitled to possession of the manufactured dwelling or floating
home may remain as a tenant; and
(e) Shall state that if the manufactured dwelling or floating
home is not removed or the costs of its storage brought current
by a specified date not less than 90 days from the mailing of the
notice, the manufactured dwelling or floating home will be
considered abandoned and will be sold or otherwise disposed of,
unless a person entitled to possession of the manufactured
dwelling or floating home has been accepted as a tenant.
(3) A landlord may screen a devisee, legatee, heir or purchaser
from the estate of the tenant who wishes to remain as a tenant
under the same terms and conditions as the landlord could apply
to a purchaser from the tenant as provided in ORS 90.510 (5)(h)
and 90.680.
**************************** SECTION 39. ORS 90.710 is amended
to read:
90.710. (1) Any person aggrieved by a violation of ORS 90.525,
90.630, 90.680 or 90.765 shall have a cause of action against the
violator thereof for any damages sustained as a result of the
violation or $200, whichever is greater.
(2)(a) Except as provided in paragraphs (b) and (c) of this
subsection, a tenant shall have a cause of action against the
landlord for a violation of ORS 90.510 (4) for any damages
sustained as a result of such violation, or $100, whichever is
greater.
(b) However, the tenant shall have no cause of action if,
within 10 days after the tenant requests a written agreement from
the landlord, the landlord offers to enter into a written
agreement which does not substantially alter the terms of the
oral agreement made when the tenant rented the space and which
complies with ORS 90.100 to 90.940.
(c) If, within 10 days after being served with a complaint
alleging a violation of ORS 90.510, the landlord offers to enter
into a written rental agreement with each of the other tenants of
the landlord which does not substantially alter the terms of the
oral agreement made when each tenant rented the space and which
complies with ORS 90.100 to 90.940, then the landlord shall not
be subject to any further liability to such other tenants for
previous violations of ORS 90.510.
{ + (d) Notwithstanding ORS 41.580 (1), if a landlord and a
tenant mutually agree on the terms of an oral agreement for
renting residential property, but the tenant refuses to sign a
written memorandum of that agreement after it has been reduced to
writing by the landlord and offered to the tenant for the
tenant's signature, the oral agreement shall be enforceable
notwithstanding the tenant's refusal to sign. + }
{ - (d) - } { + (e) + } A purchaser shall have a cause of
action against a seller for damages sustained or $100, whichever
is greater, who sells the tenant's manufactured dwelling or
Enrolled House Bill 2969 Page 36
floating home to the purchaser before the landlord has accepted
the purchaser as a tenant if:
(A) The landlord rejects the purchaser as a tenant; and
(B) The seller knew the purchaser intended to leave the
manufactured dwelling or floating home on the space.
(3) Any person who brings an action under subsection (1) or (2)
of this section may also recover costs, necessary disbursements
and reasonable attorney fees at trial and on appeal as determined
by the court.
**************************** SECTION 40. ORS 90.755 is amended
to read:
90.755. { + (1) + } No provision in any bylaw, rental
agreement, regulation or rule shall infringe upon the right of a
person who rents a space for a manufactured dwelling or floating
home to invite public officers, candidates for public office or
officers or representatives of a tenant organization to appear
and speak upon matters of public interest in the common areas or
recreational areas of the facility at reasonable times and in a
reasonable manner in an open public meeting. The landlord of a
facility, however, may enforce reasonable rules and regulations
relating to the time, place and scheduling of the speakers that
will protect the interests of the majority of the homeowners.
{ + (2) The landlord shall allow the tenant to place
political signs on or in a manufactured dwelling or floating home
owned by the tenant. The size, placement and character of such
signs shall be subject to the reasonable rules of the
landlord. + }
**************************** SECTION 41. { + ORS 90.800 is
added to and made a part of ORS 90.800 to 90.840. + }
**************************** SECTION 42. ORS 90.800 is amended
to read:
90.800. (1) The State of Oregon encourages affordable housing
options for all Oregonians. One housing alternative chosen by
many Oregonians is facility living. The Legislative Assembly
finds that many facility residents would like to join together to
purchase the facility in which they live in order to have greater
control over the costs and environment of their housing. The
Legislative Assembly also finds that current market conditions
place residents at a disadvantage with other potential investors
in the purchase of facilities.
(2) It is the policy of the State of Oregon to encourage
facility residents to participate in the housing marketplace by
insuring that technical assistance, financing opportunities,
notice of sale of facilities and the option to purchase
facilities are made available to residents who choose to
participate in the purchase of a facility.
(3) The purpose of ORS 90.100, { - 90.500, - } 90.630,
90.760, 90.800 to 90.840, 308.905, 446.003, 456.579 and 456.581
is to strengthen the private housing market in Oregon by
encouraging all Oregonians to have the ability to participate in
the purchase of housing of their choice.
**************************** SECTION 43. ORS 90.810 is amended
to read:
90.810. (1) A facility owner shall notify, as described in ORS
90.760, the tenants' association and { - , as defined in ORS
90.500, - } a facility purchase association within 10 days of
receipt of:
(a) Any written offer received by the owner or agent of the
owner to purchase the facility which the owner intends to
consider; or
Enrolled House Bill 2969 Page 37
(b) Any listing agreement entered into, by the owner or agent
of the owner, to effect the sale of the facility.
(2) The notice required by subsection (1) of this section shall
be mailed to any association and facility purchase association.
**************************** SECTION 44. ORS 659.033 is amended
to read:
659.033. (1) No person shall, because of race, color, sex,
marital status, { + source of income, + } familial status,
religion or national origin of any person:
(a) Refuse to sell, lease or rent any real property to a
purchaser.
(b) Expel a purchaser from any real property.
(c) Make any distinction, discrimination or restriction against
a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
(d) Attempt to discourage the sale, rental or lease of any real
property to a purchaser.
(e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property which indicates any
preference, limitation, specification or discrimination based on
race, color, sex, marital status, { + source of income, + }
religion or national origin.
(f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this subsection and
subsection (3) of this section.
(g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of having aided or
encouraged any other person in the exercise of, any right granted
or protected by this section.
(2)(a) No person or other entity whose business includes
engaging in residential real estate related transactions shall
discriminate against any person in making available such a
transaction, or in the terms or conditions of such a transaction,
because of race, color, sex, marital status, { + source of
income, + } familial status, religion or national origin.
(b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
(A) The making or purchasing of loans or providing other
financial assistance:
(i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(ii) For securing residential real estate; or
(B) The selling, brokering or appraising of residential real
property.
(3) No real estate licensee shall accept or retain a listing of
real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, sex,
marital status, { + source of income, + } familial status,
religion or national origin.
(4) No person shall, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, sex, marital
status, { + source of income, + } familial status, religion or
national origin.
Enrolled House Bill 2969 Page 38
{ + (5) For purposes of subsections (1) to (4) of this
section, ' source of income' does not include federal rent
subsidy payments under 42 U.S.C. �1437f, income from specific
occupations or income derived in an illegal manner. + }
{ - (5) - } { + (6) + } Subsections (1) and (3) of this
section do not apply with respect to sex distinction,
discrimination or restriction if the real property involved is
such that the application of subsections (1) and (3) of this
section would necessarily result in common use of bath or bedroom
facilities by unrelated persons of opposite sex.
{ - (6) - } { + (7) + }(a) This section does not apply to
familial status distinction, discrimination or restriction with
respect to housing for older persons.
(b) As used in this subsection, 'housing for older persons '
means housing:
(A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
(B) Intended for, and solely occupied by, persons 62 years of
age or older; or
(C) Intended and operated for occupancy by at least one person
55 years of age or older per unit. Housing qualifies as housing
for older persons under this subparagraph if:
(i) Significant facilities and services are specifically
designed to meet the physical or social needs of older persons
or, if provision of such facilities and services is not
practicable, such housing is necessary to provide important
housing opportunities of older persons;
(ii) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
(iii) Policies and procedures which demonstrate an intent by
the owner or manager to provide housing for persons 55 years of
age or older are published and adhered to.
(c) Housing shall not fail to meet the requirements for housing
for older persons if:
(A) Persons residing in such housing as of September 13, 1988,
do not meet the requirements of paragraph (b)(B) or (C) of this
subsection. However, new occupants of such housing shall meet the
age requirements of paragraph (b)(B) or (C) of this subsection;
or
(B) The housing includes unoccupied units. However, such units
are reserved for occupancy by persons who meet the age
requirements of paragraph (b)(B) or (C) of this subsection.
(d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
{ - (7) - } { + (8) + } In the sale, lease or rental of
real estate, no person shall disclose to any person that an
occupant or owner of real property has or died from human
immunodeficiency virus or acquired immune deficiency syndrome.
**************************** SECTION 45. ORS 105.115 is amended
to read:
105.115. (1) Except as provided by subsections (2) and (3) of
this section, the following are causes of unlawful holding by
force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 10 days after it is due under
the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after
being in default on payment of rent for 10 days.
Enrolled House Bill 2969 Page 39
(b) When the lease by its terms has expired and has not been
renewed, or when the tenant or person in possession is holding
from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding
contrary to any condition or covenant of the lease or is holding
possession without any written lease or agreement.
(2) In the case of a dwelling unit to which ORS 90.100 to
90.940 applies, the following are causes of unlawful holding by
force within the meaning of ORS 105.110 and 105.125:
(a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 72 hours { + or 144 hours,
as the case may be, + }of the notice required by ORS 90.400 (2).
(b) When a rental agreement by its terms has expired and has
not been renewed, or when the tenant or person in possession is
holding from month to month or from week to week and remains in
possession after a valid notice to quit as provided in ORS
105.120 (2), or is holding contrary to any valid condition or
covenant of the rental agreement or ORS 90.100 to 90.940.
(3) In an action under subsection (2) of this section, ORS
90.100 to 90.940 shall be applied to determine the rights of the
parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly
terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory
conduct by the landlord as provided by ORS 90.385 and 90.765.
**************************** SECTION 46. ORS 105.138 is amended
to read:
105.138. (1) Notwithstanding ORS 105.137 (5), if a party to an
action to which ORS 90.500 to { - 90.940 - } { + 90.840 + }
apply moves for an order compelling arbitration and abating the
proceedings, the court shall summarily determine whether the
controversy between the parties is subject to an arbitration
agreement enforceable under section ORS 90.610 (1) and, if so,
shall issue an order compelling the parties to submit to
arbitration in accordance with the agreement and abating the
action for not more than 30 days, unless the parties agree to an
order of abatement for a longer period acceptable to the court.
(2) If the court issues an order compelling arbitration under
subsection (1) of this section, the court shall not order the
payment of rent into court pending the arbitration unless the
court finds such an order is necessary to protect the rights of
the parties.
**************************** SECTION 47. ORS 105.125 is amended
to read:
105.125. (1) In an action pursuant to ORS 105.110 it is
sufficient to state in the complaint:
(a) A description of the premises with convenient certainty;
(b) That the defendant is in possession of the premises;
(c) That the defendant entered upon the premises with force or
unlawfully holds the premises with force; and
(d) That the plaintiff is entitled to the possession of the
premises.
(2) The plaintiff may include, at the plaintiff's option, the
defendant's social security number in the complaint, for the
purpose of accuracy in tenant screening information. Nothing in
this subsection shall be construed to require a tenant to have a
social security number in order to enter into a rental agreement.
(3) In the case of a dwelling unit to which ORS 90.100 to
90.940 applies:
Enrolled House Bill 2969 Page 40
(a) The complaint form shall be available from the circuit or
district court clerk in substantially the following form:
_________________________________________________________________
IN THE______
COURT
FOR THE COUNTY OF
______
No.___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Landlord), Plaintiff(s),
vs.
(Tenant), Defendant(s).
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Defendant's Social Security Number ____(Optional, not required,
information for purposes of identification only.)
COMPLAINT (Forcible Entry and
Unlawful Detainer)
I
Defendant(s) (is) (are) in possession of the following
premises:
______
______ (city)
______ (county)
II
Defendant(s) (entered upon the premises with force) (are/is
unlawfully holding the premises with force).
III
Plaintiff(s) (is) (are) entitled to possession of the premises,
because:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
___
24-hour notice (personal
injury)
___
24-hour notice (substantial
damage)
{ +
___
48-hour or 24-hour notice (drug
or alcohol program of recovery
violation) + }
___
24-hour notice (extremely
outrageous act)
Enrolled House Bill 2969 Page 41
___
24-hour notice (unlawful
occupant)
___
24-hour notice (employee
termination)
___
72-hour notice (nonpayment of
rent)
{ +
___
144-hour notice (nonpayment
of rent) + }
___
10-day { +
or 20-day + }
notice
(repeat violation)
___
10-day notice (pet violation)
___
7-day notice (week-to-week
tenancy-cause)
___
10-day notice (week-to-week
tenancy)
___
30-day notice (month-to-month
tenancy)
___
30-day notice (cause)
___
Other notice
___
No notice
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ATTACH A COPY OF THE NOTICE RELIED ON TO THE COMPLAINT
Wherefore, plaintiff(s) (prays) (pray) for possession of the
premises and costs and disbursements incurred herein.
______
Plaintiff(s).
_________________________________________________________________
(b) The complaint shall be verified by the plaintiff or the
agent of the plaintiff.
**************************** SECTION 48. ORS 105.135 is amended
to read:
105.135. (1) Except as provided in this section, the summons
shall be served and returned as in other actions.
(2) At the time the clerk collects the filing fee under ORS
105.130, the clerk shall enter the first appearance date on the
summons. That date shall be seven days after the judicial day
next following payment of filing fees unless no judge is
available for first appearance at that time, in which case the
clerk { - shall enter the next later date on which a judge will
be available - } { + may extend the first appearance date for
up to seven additional days + }. At the request of the
Enrolled House Bill 2969 Page 42
plaintiff, the clerk may enter a date more than seven days after
the judicial day next following payment of filing fees if a judge
will be available.
(3) Notwithstanding ORCP 10, by the end of the judicial day
next following the payment of filing fees:
(a) The clerk shall mail a true copy of the summons and
complaint by first class mail to the defendant at the premises.
(b) The process server shall serve the defendant with a true
copy of the summons and complaint at the premises by personal
delivery to the defendant or, if the defendant is not available
for service, by attaching a true copy of the summons and
complaint in a secure manner to the main entrance to that portion
of the premises of which the defendant has possession.
(4) The process server shall indicate by affidavit upon the
return the manner in which service was accomplished.
(5) In the case of premises to which ORS 90.100 to 90.940
applies, the summons shall inform the defendant of the
procedures, rights and responsibilities of the parties as
specified in ORS 105.137.
**************************** SECTION 49. { + ORS 105.155 is
repealed and section 50 of this Act is enacted in lieu
thereof. + }
**************************** SECTION 50. { + (1) If the court
renders judgment for restitution of the premises to the
plaintiff, the plaintiff shall enforce that judgment in the
following manner:
(a) Issuance by the clerk of the court and service upon the
defendant of a notice of restitution, which shall give the
defendant three days to move out of the premises, including
removal of all personal property; and
(b) After the expiration of the three-day period provided in
the notice of restitution, issuance by the clerk of the court and
service upon the defendant of a writ of execution of judgment of
restitution, which shall direct the sheriff to enforce the
judgment by removing the defendant and the defendant's personal
property and by returning possession of the premises to the
plaintiff, along with an eviction trespass notice from the
sheriff.
(2) The notice of restitution referred to in subsection (1) of
this section shall be in substantially the following form: + }
_________________________________________________________________
{ +
NOTICE OF RESTITUTION + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
TO: __________ + }
{ +
(Defendant-Tenant) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + Case Number__________
Enrolled House Bill 2969 Page 43
In the case of __________ vs. __________, the District or
Justice Court for __________ County ordered you to move out of
the premises at: + }
{ +
__________________
+ }
{ +
__________________
+ }
{ +
__________________
+ }
{ + by__________, 19__. + }
{ + The plaintiff-landlord is now entitled to possession of
these premises.
YOU ARE ORDERED TO VACATE THE PREMISES NO LATER THAN __ .M.,
_____, 19__. IF YOU DO NOT VACATE THE PREMISES AND MOVE YOUR
PERSONAL PROPERTY BY THAT TIME, THE SHERIFF WILL PHYSICALLY
REMOVE YOU, AND YOUR PROPERTY LEFT ON THE PREMISES WILL BE STORED
AS PROVIDED BY LAW. CONTACT THE PLAINTIFF-LANDLORD FOR FURTHER
INFORMATION. + }
{ + Posted at __.M., _____, 19__. + }
{ + __________ + }
{ + Deputy Court Administrator
_________________________________________________________________
+ }
{ + (3) The writ of execution of judgment of restitution
referred to in subsection (1) of this section shall be in
substantially the following form: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State of Oreg)n, WRIT OF
) ssEXECUTION OF
) JUDGMENT OF
) RESTITUTION
County of___
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + To the Sheriff:
This was a forcible entry and detainer action for possession of
the following premises: + }
{ + __________ + }
{ + __________ (city) + }
{ + __________ (county) + }
{ + Judgment was rendered on _____ (date) that the plaintiff
have restitution of the premises on or after _____ (date), and
Enrolled House Bill 2969 Page 44
also that the plaintiff recover costs and disbursements in the
sum of $_____.
In the name of the State of Oregon, you are ordered to enforce
and serve this writ on the defendant, in the manner provided in
ORS 105.155 (8), after the three-day period provided in the
notice of restitution.
If the defendant, and the goods, motor vehicles and other
personal property belonging to the defendant, are not removed by
the end of three days, and if the plaintiff has paid all fees for
enforcement of this execution, you shall immediately make legal
service of this writ and an eviction trespass notice on the
defendant and deliver possession of the premises to the
plaintiff. You shall remove the defendant from the premises.
Unless the premises are subject to ORS 105.165, and the plaintiff
elects to remove the defendant's personal property under that
section, you shall also remove the goods, motor vehicles and
other personal property belonging to the defendant to a safe
place for storage, levy on this property, pay the costs and
disbursements awarded to the plaintiff, as well as all accruing
costs, and make due return of this writ.
DATED this __ day of _____, 19__. + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
__________________ + }
{ +
Deputy Court Administrator + }
{ +
__________________ + }
{ +
Plaintiff + }
{ +
__________________ + }
{ +
Address + }
{ +
__________________ + }
{ +
City/State/Zip + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (4) The eviction trespass notice referred to in
subsection (1) of this section shall be in substantially the
following form: + }
_________________________________________________________________
{ +
EVICTION TRESPASS NOTICE + }
{ + Occupants of these premises located at: + }
{ +
__________ + }
{ +
__________ + }
Enrolled House Bill 2969 Page 45
{ +
__________ + }
{ + have been evicted by an order of the court in ______ vs.
______, Case Number ______.
Trespassing or entering into or upon these premises without
written consent of the landlord will result in arrest and
prosecution.
Any personal property present on these premises at the time
this notice was served, (date) __________, + }
� | { + is in the possession of the landlord and may be
redeemed by contacting the landlord at: + }
{ + _______________ + }
{ + _______________ + }
{ + _______________ + }
� | { + is in possession of the sheriff. Contact the
sheriff for further information. + }
{ + DATED __________ + }
{ + __________ + }
{ + Sheriff + }
_________________________________________________________________
{ + (5) The sheriff or a process server shall serve the
notice of restitution, in the manner provided by this subsection.
Notwithstanding ORCP 10, by the end of the next judicial day
following the payment of fees:
(a) The sheriff or process server shall mail a copy of the
notice of restitution by first class mail to the defendant at the
premises; and
(b) The sheriff or process server shall serve the notice of
restitution at the premises by personal delivery to the defendant
or, if the defendant is not available for service, by attaching a
copy of the notice in a secure manner to the main entrance to
that portion of the premises of which the defendant has
possession.
(6) If service of the notice of restitution is made by a
process server, by the end of the next judicial day following
service, the process server shall file with the clerk an
affidavit indicating the manner in which service was accomplished
and the date and time of service.
(7) Notwithstanding ORCP 10, the three-day period specified in
subsection (1) of this section shall commence on the day
following mailing and service pursuant to subsection (5) of this
section and shall end on the third calendar day following such
mailing and service unless the third day is a Saturday, Sunday or
legal holiday, in which case the period shall end on the next
judicial day.
(8) Only the sheriff shall enforce and serve a writ of
execution of judgment of restitution. Upon the expiration of the
three-day period specified in subsection (1) of this section and
if the plaintiff has paid the fees for enforcement of the writ,
the sheriff shall immediately enforce and serve the writ upon the
defendant, along with the eviction trespass notice, as follows:
(a) The sheriff shall mail a copy of the writ and the trespass
notice by first class mail to the defendant at the premises; and
(b) The sheriff shall serve the writ and the trespass notice at
the premises by personal delivery to the defendant or, if the
Enrolled House Bill 2969 Page 46
defendant is not available for service, by attaching the writ and
notice in a secure manner to the main entrance to that portion of
the premises of which the defendant has possession. The sheriff
shall at that time return possession of the premises to the
plaintiff.
(9) At the plaintiff's request, the sheriff shall delay
enforcement and service of the writ for up to but no more than 30
days, after which the writ expires.
(10) Unless the judgment otherwise provides, a writ of
execution of judgment of restitution shall not issue more than 60
days after the judgment is entered or after any date for
possession as specified in the judgment, whichever is later.
(11) A judgment may not be enforced if the parties have entered
a new rental agreement or if the plaintiff has accepted rent for
a period after that judgment was entered.
(12) For purposes of this section, 'process server' means any
competent person 18 years of age or older who:
(a) Is a resident of the State of Oregon;
(b) Is not the plaintiff, a relative of the plaintiff or an
agent of the plaintiff for purposes of management of the
premises;
(c) Is a person regularly employed in the business of serving
process; and
(d) Charges a fee no greater than that set by ORS 21.410 (1)(b)
for service of the notice of restitution. + }
**************************** SECTION 51. ORS 105.165 is amended
to read:
105.165. (1) In the case of a dwelling unit to which ORS
{ - 90.320 to 90.375, 90.385 to 90.900, 90.920 and - } { +
90.100 to + } 90.940 applies, the landlord may elect to remove,
store and dispose of the tenant's goods, chattels, motor vehicles
and other personal property upon restitution of the premises
pursuant to ORS 105.155, provided:
(a) The sheriff shall first serve the notice of restitution and
shall thereafter deliver possession of the premises to the
landlord, as provided in ORS 105.155.
(b) The landlord shall notify the tenant and shall store and
dispose of the goods, chattels, motor vehicles and other personal
property of the tenant pursuant to ORS 90.425, except that if the
tenant claims that property within the time provided in ORS
90.425, the landlord must make that property available for
removal by the tenant by appointment at reasonable times and
without the payment of any costs, charges or other sums, and the
notice to the tenant shall so state.
(2) Any cost incurred by the landlord for execution pursuant to
ORS 105.155 or for removal, storage or sale of the tenant's
property under this section and not recovered pursuant to ORS
90.425 (9) shall be added to the judgment.
(3) If the landlord fails to permit the tenant to recover
possession of the tenant's personal property under subsection
(1)(b) of this section, the tenant may recover, in addition to
any other amount provided by law, twice the actual damages or
twice the monthly rent, whichever is greater.
**************************** SECTION 52. ORS 105.120 is amended
to read:
105.120. (1) Except as provided in subsection (2) of this
section, an action for the recovery of the possession of the
premises may be maintained in cases provided in ORS 105.115
(1)(b), when the notice to terminate the tenancy or to quit has
been served upon the tenant or person in possession in the manner
Enrolled House Bill 2969 Page 47
prescribed by ORS 91.110 and for the period prescribed by ORS
91.060 to 91.080 before the commencement of the action, unless
the leasing or occupation is for the purpose of farming or
agriculture, in which case such notice must be served for a
period of 90 days before the commencement of the action. Any
person entering into the possession of real estate under written
lease as the tenant of another may, by the terms of the lease,
waive the giving of any notice required by this subsection.
(2) An action for the recovery of the possession of a dwelling
unit to which ORS 90.100 to 90.940 applies may be maintained in
cases provided in ORS 105.115 (2) when the notice to terminate
the tenancy or to quit has been served by the tenant upon the
landlord or by the landlord upon the tenant or person in
possession in the manner prescribed by ORS 90.910.
(3) The service of a notice to quit upon a tenant or person in
possession does not authorize an action to be maintained against
the tenant or person in possession for the possession of premises
before the expiration of any period for which the tenant or
person has paid the rent of the premises in advance except when:
(a) The only { - unused - } { + prepaid + } rent paid by
the tenant was collected as a { + security + } deposit for the
last month's rent at the beginning of the tenancy;
(b) A 24-hour notice is given under ORS 90.400 (3);
(c) A notice for a pet violation is given under ORS 90.405; or
(d) The only unused rent was paid by the tenant for a rental
period extending beyond a termination date specified in a valid
and outstanding notice to terminate the tenancy, and the landlord
refunded the unused rent within four days from receipt of the
rent by delivering it to the tenant or by mailing it by first
class mail.
**************************** SECTION 53. ORS 21.410 is amended
to read:
21.410. (1) The sheriff of every county and any other person
serving process, in all civil actions, suits and proceedings,
except as provided in paragraph (a) of this subsection, for each
case delivered to the office of the sheriff or other person on
one day, shall collect the following fees:
(a) For serving summons, subpoena, citation, order, notice or
similar documents, including small claims or writ of execution,
directed to not more than two different parties at the same
address, $20; otherwise $20 for each party for which service is
requested, unless the process server has contracted separately
for a lower fee with the requesting person. The fee authorized by
this paragraph shall not be charged to the state in civil
actions, suits and proceedings where one party is an indigent
person who has been appointed counsel at state expense.
(b) For serving notice of seizure and sale of personal or real
property, { - writ - } { + notice + } of restitution, or
other seizure under writ of attachment or execution, or other
process or proceeding, $20.
(c) For seizure and sale of personal or real property,
enforcement of writ { + of execution of judgment + } of
restitution, or other enforcement or seizure under writ of
attachment or execution, or other process or proceeding, $47,
and, in addition, such sums as may be reasonable and necessary to
secure each keeper or custodian of property in custody, the
expense of inventory of property in custody and expense incurred
in newspaper advertising required by law in the execution of
process.
Enrolled House Bill 2969 Page 48
(d) For making a conveyance of real property sold on any
process, $15, to be paid by, or for, the grantee.
(e) For making a copy of any process, order, notice or other
instrument in writing, when necessary to complete the service
thereof, for each folio, $3; but no charge shall be made for copy
of complaint or other paper not actually made by the sheriff.
(f) For entering and processing distraint warrants for state
agencies, $6.25 each.
(2) Fees collected for service by the sheriff shall be retained
for the benefit of the county where the party to be served cannot
be found.
(3) No mileage or commission shall be collected for service of
any document or process but in any service involving travel in
excess of 75 miles round trip an additional fee not to exceed $25
may be billed and collected. Mileage shall be measured from the
location at which the service is made to the circuit court in
that county.
**************************** SECTION 54. ORS 316.153 is amended
to read:
316.153. (1) As used in this section:
(a) 'Involuntary move' means a move forced on an owner due to
the termination of the owner's rental agreement for a facility
space resulting from the closure of the facility, or portion of
the facility, as defined in ORS { - 90.500 - } { +
90.100 + }.
(b) 'Mobile home' has the meaning given 'manufactured dwelling'
in ORS 446.003, and includes only a mobile home with a fair
market value of $50,000 or less on the date that the mobile home
is involuntarily moved.
(c) 'Qualified individual' means an individual who:
(A) Owns and occupies as a principal residence, on the date of
the involuntary move, a mobile home involuntarily moved; and
(B) Has a federal adjusted gross income, as described under ORS
316.013, of $30,000 or less for the tax year in which the mobile
home is involuntarily moved.
(2) A qualified individual is allowed a credit against the
taxes otherwise due under this chapter. The amount of the credit
is the lesser of:
(a) $1,500; or
(b) The actual cost of moving and setting up the mobile home
after subtracting any payments or reimbursements received by the
qualified individual under ORS 90.630 (4) and (5).
(3)(a) One-third of the total amount of credit allowed under
this section must be claimed by the qualified individual for the
tax year in which the mobile home is involuntarily moved and
one-third of the credit in each of the two tax years immediately
following.
(b) Any credit which is not used by the taxpayer in a
particular year may be carried forward and offset against the
taxpayer's tax liability for the next succeeding tax year. Any
credit remaining unused in the next succeeding tax year may be
carried forward and used in the second succeeding tax year, and
likewise any credit not used in that second succeeding tax year
may be carried forward and used in the third succeeding tax year,
and any credit not used in that third succeeding tax year may be
carried forward and used in the fourth succeeding tax year, and
any credit not used in that fourth succeeding tax year may be
carried forward and used in the fifth succeeding tax year, but
may not be carried forward for any tax year thereafter.
Enrolled House Bill 2969 Page 49
(c) The credit allowed to a qualified individual is available
for only one involuntary move of a mobile home.
(d) If the taxpayer is married at the close of the tax year,
the credit shall be allowed to only one taxpayer if the spouses
file separate returns for the tax year. Marital status shall be
determined as provided under section 21 (d)(3) and (4) of the
Internal Revenue Code.
**************************** SECTION 55. ORS 456.579 is amended
to read:
456.579. (1) There is established in the General Fund an
account to be known as the Mobile Home Parks Purchase Account.
Except as otherwise provided by law, all moneys appropriated or
credited to the Mobile Home Parks Purchase Account are
appropriated continuously for and shall be used by the director
of the Housing and Community Services Department for the purpose
of carrying out the duties and responsibilities imposed upon the
department under ORS 90.100, { - 90.500, - } 90.630, 90.760,
90.800 to 90.840, 308.905, 446.003, 456.579 and 456.581. Interest
earned on the account shall be credited to the account.
(2) Except for loans provided in ORS 90.840, the account
described in subsection (1) of this section shall not be
connected to or commingled in any way with the funds described in
ORS 456.720.
(3) For the purpose of carrying out the provisions of ORS
90.100, { - 90.500, - } 90.630, 90.760, 90.800 to 90.840,
308.905, 446.003, 456.579 and 456.581, the Housing and Community
Services Department may seek funds from sources other than that
described in ORS 308.905 (1). Such funds shall be credited to the
Mobile Home Parks Purchase Account.
**************************** SECTION 56. ORS 21.375 is amended
to read:
21.375. In the county court there shall be charged and
collected in advance by the county clerk as clerk of the court,
for the benefit of the county, the following fees, and no more,
for the following purposes and services:
(1) Making transcription from judgment docket in the format
provided in ORCP 70 A, $4.
(2) Filing and docketing transcript of judgment in the format
provided in ORCP 70 A, $4.
(3) Filing and docketing copy of foreign judgment and affidavit
filed as provided in ORS 24.115 and 24.125, $25.
(4) Issuing writs of execution or writs of garnishment, $3 for
each writ.
(5) Preparing clerk's certificate of satisfaction of judgment,
$3.75. { +
(6) Issuing notices of restitution as provided in ORS 105.155,
$3 for each notice. + }
{ - (6) - } { + (7) + } For any service not enumerated in
this section, the fees provided or established under ORS 205.320.
**************************** SECTION 57. ORS 90.265 is amended
to read:
90.265. (1) An alternative energy device installed in a
dwelling unit by a tenant with the landlord's written permission
is not a fixture in which the landlord has a legal interest,
except as otherwise expressly provided in a written agreement
between the landlord and tenant.
(2) As a condition to a grant of written permission referred to
in subsection (1) of this section, a landlord may require a
tenant to do one or more of the following:
Enrolled House Bill 2969 Page 50
(a) Provide a waiver of the landlord's liability for any injury
to the tenant or other installer resulting from the tenant's or
installer's negligence in the installation of the alternative
energy device;
(b) Secure a waiver of the right to a lien against the property
of the landlord from each contractor, subcontractor, laborer and
material supplier who would obtain the right to a lien when the
tenant installs or causes the installation of the alternative
energy device; or
(c) Post a bond or pay a deposit in an amount not to exceed the
cost of restoring the premises to its condition at the time of
installation of the alternative energy device.
(3) Nothing in this section:
(a) Authorizes the installation of an alternative energy device
in a dwelling unit without the landlord's written permission; or
(b) Limits a landlord's right to recover damages and obtain
injunctive relief as provided in ORS 90.400 { - (7) - } { +
(9) + }.
(4) As used in this section, 'alternative energy device ' has
the meaning given that term in ORS 469.160.
**************************** SECTION 58. { + ORS 90.500,
90.515 and 90.920 are repealed. + }
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Passed by House April 7, 1995
Repassed by House May 29, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 25, 1995
...........................................................
President of Senate
Enrolled House Bill 2969 Page 51
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 2969 Page 52