Updated 06/18/2021

Oregon’s Emergency Rental Assistance Program Communications Kit, here.

*** IMPORTANT UPDATES TO TENANT LANDLORD LAW EFFECTIVE JULY 1, 2021***

 SB 278 Emergency “Safe Harbor” Measure: Prevents landlords from delivering termination notices for nonpayment of rent if tenants have applied for rental assistance, (sunsets on March 1, 2022).

 Analysis:

  • Provides that if a tenant provides a landlord with documentation that the tenant applied for rental assistance, then the landlord may not deliver a termination notice for nonpayment.
  • Allows landlords to initiate or continue eviction action 60 days from the time that tenant has delivered documentation of rental assistance application.
  • Clarifies court judgement process and court discretion regarding scheduling a first appearance based on landlord and tenant compliance with the provisions of this Act.
  • Clarifies that landlord participation in a rental assistance program is not exclusive to the Landlord Compensation Fund.
  • Allows tenant to obtain injunctive relief if a landlord fails to comply with notification requirements as provided by this Act.
  • Requires the Oregon Judicial Department (OJD) to translate the notice form into Spanish, Korean, Russian, Vietnamese, and Chinese languages and to display links to the forms prominently on the OJD main webpage. The measure also requires OJD to prepare a summary of the bill and deliver a copy of the summary to each circuit court for posting at the counter and website.
  • Requires the Housing and Community Services Department (HCSD) to provide a dated application receipt for tenants who apply for rent assistance.
  • Increases the amount a landlord is eligible for to 100% instead of 80% of funds under the Landlord Compensation Fund. HCSD is directed to make distributions to adjust the compensation for landlords whose applications were approved before the effective date of this Act.
  • Provides for a grant to a third party (not HCSD) to make distributions to compensate landlords who have delayed termination notices or evictions under the provisions of this measure. This requirement sunsets on March 1, 2023 (Aligning timeline with extension of grace period for repayment until February 28, 2022).

  THIS Written Disclosure must be given to Tenants who are delinquent on rent prior to filing for eviction:

 THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS TO PROTECTION AGAINST EVICTION FOR NONPAYMENT.

For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at www.courts.oregon.gov.

Until February 28, 2022, if you give your landlord documentation that you have applied for rental assistance at or before your first appearance in court, you may be temporarily protected from eviction for nonpayment.

 Documentation may be made by any reasonable method, including by sending a copy or photograph of the documentation by electronic mail or text message.

“Documentation” includes electronic mail, a screenshot or other written or electronic documentation verifying the submission of an application for rental assistance. To apply for rental assistance, go to:
www.oregonrentalassistance.org,  or dial 211 or go to
www.211info.org.

To find free legal assistance for low-income Oregonians, go to
www.oregonlawhelp.org.

 

SB  291 Requires adoption of new screening criteria, limits criminal behavior landlords may consider, requires landlords to conduct an Individualized Assessment before denial of an application to rent (permanent change with no sunset date).

Analysis:

  • Requires landlords to provide written notice of screening and admission criteria upon requiring applicant screening charge.
  • Clarifies that a landlord inform an applicant of applicant right to appeal a negative determination, provided that any right to appeal exists.
  • Clarifies that a landlord must provide written notice explaining reasons for denial only for those applications to which screening and admissions criteria have been applied.
  • Clarifies that a landlord may only consider criminal convictions or pending charges for conduct that is currently illegal under Oregon law.
  • Allows landlords to consider applicant’s previous arrest only if the arrest resulted in certain charges for criminal conduct as provided by this Act, and the applicant was either convicted of the charges or the charges are pending and the applicant is not presently participating in a diversion, conditional discharge, or deferral of judgement program on the charges.
  • Prior to denial, must conduct an individualized assessment of the applicant, including any supplemental evidence, taking into consideration:
    • (A) The nature and severity of the incidents that would lead to a denial;
    • (B) The number and type of incidents;
    • (C) The time that has elapsed since the date the incidents occurred; and
    • (D) The age of the individual at the time the incidents occurred
  • If a landlord fails to comply with this section, the applicant may recover from the landlord $100

 

SB 282 Extends the “forgiveness period” for rent owed during the Eviction Moratorium, prohibits landlords from restricting Temporary Occupants, (sunsets on March 1, 2022).

SB 282 may be found here.

The following is UPDATED as of June 18, 2019:

  1. Eviction proceedings (e.g., posting a notice, filing a FED, etc.) for non-payment of rent or other obligations when a declaration of hardship is received from tenant cannot occur until AFTER June 30, 2021 (HOWEVER MUST BE SUBJECT TO SB 278 GUIDELINES ABOVE).
  2. No late charges or other penalties may be levied on the non-payment balance for the entire period covered by the Moratorium.
  3. A tenant’s non-payment balance for the entire period covered by the Moratorium may not be reported to a consumer credit reporting agency or used as a denial to rent.
  4. A tenant that has accrued unpaid rent from April 2020 through June 2021 has until February 28, 2022 to pay the back rent WITHOUT being subject a formal payment agreement.
  5. Rents are once again payable as usual starting July 1, 2021. Starting in July, a tenant that does not pay rent may be subject to eviction for non-payment SUBJECT TO SB 278 GUIDELINES.  (Please note: If you deliver a notice of nonpayment of rent (or other charges & fees) for months accrued between January 1st  2021 through June 30, 2021, a copy of the declaration of financial hardship must be included.)
  6. For cause reasons other than non-payment of rent may be used to initiate eviction proceedings.

7. No-cause reasons for lease termination may only be initiated in the case of: 

    • The sale of the dwelling unit to a person who intends to occupy the dwelling unit as the person’s primary residence; or
    • The owner or member of the owner’s family intends to occupy the dwelling unit as a primary residence; or
    • Demolition or conversion of the dwelling unit, major repairs or renovations when the dwelling unit is or will be unsafe to occupy. 
  1. If you have a tenant in the first year of occupancy that would have terminated or will terminate during the moratorium period, the definition of “first year of occupancy,” has been extended to mean until 30 days following the emergency period (e.g., January 30, 2021).
  2. Guests and temporary occupants must be allowed, up to prevailing federal, state or local occupancy guidelines. They may be screened using standard criteria, except for financial considerations.

Financial Assistance for Tenants:

 Oregon Housing and Community Services (OHCS) is distributing COVID rental relief funds to local organizations statewide. To find out how to access these resources in your area visit 211info.org or call 2-1-1. The full list of Community Action Agencies, funding allocation amounts and service territories with contact information can be found here.

 Additional resource for rental assistance for your tenants is OregonRentalAssistance.org

 The Notice of Balance Owed-Declaration Received, may be found here.

 Covid Notice of Eviction Protection + Declaration of Financial Hardship may be found here.

 

MORATORIUM BACKGROUND: Oregon Statewide Eviction Moratorium (includes Portland and Multnomah County)  The Oregon Legislature met in a Special Session in late June and passed HB 4213, which extended the COVID-19 eviction moratorium until September 30, 2020. Governor Brown issued an Executive Order on September 28, 2020 that extended the eviction moratorium yet again until December 31, 2020. However, while HB 4213 specifies that unpaid obligations accrued from April through September are not due until March 31, 2021, any unpaid obligations during the October through December extension are currently due and payable on January 1, 2021. On December 21st the Oregon Legislature met in a Special Session and passed HB 4401 which extended the eviction moratorium thru June 30, 2021.  A tenant may not be evicted for non-payment of rent or other obligations (e.g., utilities) through March 31, 2021.  When a declaration of hardship has been received from tenant then this has been extended until June 30, 2021.

Governor Brown’s Executive Order 20-56 may be found here.

 HB 4213 may be found here.

 HB 4401 may be found here.

City of Portland / Multnomah County

 Further information may be found at the Multnomah County Website here.

  Ordinance 1287 may be found here.

Effective February 1st, Multnomah County will have the same, most current, eviction moratorium extension guidelines (from HB 4401) as the rest of the state of Oregon (excluding Hillsboro).

 https://conta.cc/3iiRQ3A

 COVID-19 Rent Relief Program

The Portland Housing Bureau, the Joint Office of Homeless Services, Multnomah County’s Department of County Human Services, and regional housing authority Home Forward have banded together to deploy $29 million in rent assistance to COVID-impacted households throughout Multnomah County. Those funds include $25 million from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

The COVID-19 Rent Relief Program (CVRRP) is dedicating state, local and federal CARES Act funding to prevent evictions caused by the financial and health impacts of COVID-19. The program will provide up to three months of rent assistance to eligible households, prioritizing rent payments due on and after Oct. 1. More information may be found here.

Those in need of assistance should call 2-1-1 or visit https://www.211info.org/multco-rent.

Federal Eviction Moratorium

 The CARES act established a 120-day moratorium on evictions that expired July 24, 2020.

However, on September 4, 2020, the Centers for Disease Control and Prevention (CDC) issued a federal moratorium on residential evictions for individuals making less than $99,000 per year. This moratorium is set to expire December 31, 2020. More information may be found here. Since Governor Brown’s Executive Order arguably provides the same or greater level of public-health protection, the CDC Order may not apply to most Oregon landlords. However, landlords should be aware of the substantial penalties (up to $250,000 and one year in jail) associated with violation of the CDC Order. More information may be found here.

Mortgage Forbearance Programs

If you are unable to make your mortgage payments because you are no longer receiving income from tenants impacted by the COVID-19 crisis, you may request forbearance for these mortgage payments. You may be able to obtain forbearance for the mortgage payments on your own primary residence if your income (e.g., from rental properties) has been significantly reduced because of the emergency. Providers of all federally backed mortgages on multifamily properties are mandated to offer forbearance, with the condition that the borrower suspend all evictions for renters unable to pay rent due to the impact of coronavirus. Many other lenders are also offering forbearance programs. We recommend you contact your lender directly to determine what options you may have.

 Landlord Compensation Fund

 The Legislature allocated $200 million in rent assistance to support tenants and landlords, which includes $150 million for the Landlord Compensation Fund OHCS will be developing program materials in the coming weeks as we prepare to launch the Landlord Compensation Fund in late-January.

Please sign up for the Landlord Compensation Fund Updates Email List

 Other Resources

  Multifamily NW Eviction Moratorium Summary

  1.  The Oregon Law Center Primer on the Eviction Moratorium.