Updated April 28, 2020
Note: We will continue to add information to this web page as it becomes available. RHA is offering this information to member landlords but the situation is rapidly changing and we cannot guarantee the accuracy of the information found at the various links below. Please note that this is not a substitute for specific legal advice unique to your situation and, if you have any specific questions about one of your tenants and rent payment, we encourage you to contact an attorney to provide such advice.
- City of Portland / Multnomah County Eviction Moratorium
Both ordinances place an immediate moratorium on eviction for non-payment of rent for tenants impacted by the Covid-19 emergency. They will remain in place until the emergency order (Executive Rule No. 388) has been lifted. They are different than the statewide eviction moratorium as they specifically (1) forbid charging late fees for rent that qualifies for delayed payment and (2) set a six-month time frame for tenants to re-pay deferred rent:
a. Multnomah County Executive Rule No. 388 Addendum
b. Multnomah County Ordinance No. 1282 and FAQs
c. City of Portland Ordinance No. 189890 and FAQs
d. Oregon Public Broadcasting article “What You Need To Know About Oregon’s Eviction Moratoriums Before Rent Is Due”
e. You may wish to review the information and sample letter that has been made available to tenants from Legal Aid Services of Oregon.
f. RHA has a free form for landlords to use with Multnomah County/Portland tenants in order to provide the tenant with a clear response to their request for rent deferral. It is not necessary to use this form, and it should NOT be used with Oregon tenants outside Multnomah County / City of Portland.
We do not recommend modifying your rental agreement. We no longer recommend using the RHA Partial Payment Agreement Form #227, as this agreement is unenforceable under the statewide moratorium (see below). You may waive all or a portion of the rent; doing so waives your right to collect that portion later.
- Oregon Statewide Eviction Moratorium (other than Portland/Multnomah County)
The moratorium is in place until June 30, 2020 and may be extended. Note that the statewide ordinance does not address rent deferral. It only states that FED (eviction) actions based on non-payment of rent cannot proceed during the emergency. Thus, a non-qualifying tenant (e.g., one who has not lost their job or had hours reduced) in Multnomah County/City of Portland may choose not to pay rent and the landlord has no immediate recourse. The expansion of the moratorium on April 1 states that landlords shall not, for reason of nonpayment terminate any tenant’s rental agreement; take any action, judicial or otherwise, relating to residential evictions including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere in any way with such tenant’s right to possession of the tenant’s dwelling unit. Landlords should take no action, including posting notices, if it is for non-payment of rent. This executive order does NOT relieve the tenant of the responsibility to pay rent after the emergency has passed.
Until we understand the actions that may be taken by Governor Brown and the State Legislature prior to the July 1, 2020 expiration of the moratorium, any action taken by landlords to ensure rent collection may be problematic. We recommend accepting partial payments until the situation is clearer. However, at the request of some landlords, we are providing a free form that, while not necessary, may be used with any tenant outside of Multnomah/Portland as well as with non-qualifying tenants in Multnomah/Portland. It should NOT be used with tenants in Multnomah/Portland who have a qualifying reason for deferring rent. Your may download a pdf here.
We do not recommend modifying your rental agreement. We no longer recommend using the RHA Partial Payment Agreement Form #227 with tenants that are not able to pay their full rent, as such agreements are not enforceable. You may waive all or a portion of the rent; doing so waives your right to collect that portion at a later time.
- Federal Eviction Moratorium under the CARES Act
If you have a federally backed mortgage on your rental property (e.g., funded or guaranteed by HUD, VA, USDA, Fannie Mae, or Freddie Mac), the CARES Act places a 120 day moratorium on evictions of tenants occupying that property. You may find more information at the following sites:
- 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. More information regarding mortgage forbearance may be found here.
- CARES Act Funds Administered by the Small Business Administration (SBA)
a. Paycheck Protection Program: You may be eligible for an emergency loan from the Small Business Administration under the Paycheck Protection Program (PPP). These loans may be used to cover payroll, interest, rent, and utility expenses. All or part of these loans may be forgiven if the borrower uses the funds to keep employees in place.
b. Economic Injury Disaster Loans and Loan Advance: The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million and an advance of up to $10,000. Note that early feedback is that the capital loans are being processed very slowly, and that only the $10,000 advance may be available from the funding provided under the CARES act.
6. Other Useful Resources
a. Cobalt CPA Accountants Covid-19 Resources
b. Business Oregon Coronavirus Resources
c. Governor Brown’s COVID-19 Resources for Oregonians
d. Find results to the RHA April Rent Study here.
e. Find results to the RHA May Rent Study here.