As the saying goes, the third time is the charm! June 30th will be the third ending date that has been announced for Oregon’s Eviction Moratorium.
So what does this mean? Will we begin to finally get back to normal rent collections? Landlords and Tenants are wondering, “Is it really over or will it be extended again?” Tenants fear evictions for non-payment of rent will now resume. Landlords can no longer afford to stay in business. This massive gap of unpaid rent has devolved into a toxic unfilled crater. We are all asking, “What solutions are we being offered by our State?”
Let’s take a look at Oregon’s newest legislation, Senate Bill 282. It has just been passed after many rounds of work groups and lobbying efforts by both Tenant activists and Landlord groups.
The highlights of this law are:
- The moratorium is NOT being extended beyond June 30, 2021.
- The required forgiveness for payment of back-rent WAS extended to February 28, 2022.
- Landlords CANNOT report any violations of rent non-payments accrued from April 1, 2020 to July 1, 2021 nor deny applications to rent based on nonpayment of rent for this same period.
- Landlords CANNOT deny applications to rent for FED filings from April 1, 2020 to March 1, 2022 nor consider a judgement for applicant’s unpaid rent from April 1, 2020 to March 1, 2022.
- Extends the 72 / 144 Hour Notice to Pay Rent or Quit to 10 / 13 Days until March 1, 2022.
- Landlords CANNOT enforce restrictions against “Non-Tenant Guests” who stay through March 1, 2022, unless the denial is based on federal, state, or local occupancy guidelines. Any guests staying longer than 14 days MAY be required to be screened by Landlord (NOT for credit or income) and MAY be required to sign a Temporary Occupancy Agreement from Landlord.
- This bill is written as an Emergency Declaration and becomes law with the Governor’s signature.
SB 282 is yet another game-changing bill to Tenant-Landlord law in Oregon. However, it is written with a sunset clause that will end its specific regulations on March 1, 2022. One may wonder if these policies are intended to provide Rent Relief or are they primarily concerned with Eviction Protection?
During the workgroups, it was emphasized repeatedly that the primary justification for the extension of forgiveness and added Tenant protections is because Oregon stands to receive +/- $,2,000,000,000 in housing relief funds this year. Lawmakers understand that it will take time to push those funds through the system and get them paid to Landlords. They also wanted to allow time for the next Special Session in 2022 to modify provisions if necessary. Most important however, County Commissioners throughout the state likewise know what a monumental task this will be for their local jurisdictions, as they gear up for that challenge with its unprecedented demands on their servicing structures.
As an example of this, on May 19th a $200,000,000 program for rent relief was introduced on the website www.oregonrentalassistance.org. It is designed for Tenants to submit the application and will pay up to 100% of all past-due rent from April 1,2020 through June 30, 2021, PLUS up to 3 months of forward rent to help them stay current after the Mortarium expires! Perhaps most importantly is that it will pay the funds directly to the Landlord if they provide a W-9 tax statement. Yet, as earnest as this program appears, at least 1 county (Clackamas) did not sign up to provide it upon its rollout, illustrating the complexities of local aid distribution.
I think we can all agree that the huge hole that has been dug needs to get filled in as soon as possible. And many hands make light of work! The truth is your Tenant did not create the problem, but they can help get the needed funds that are coming. I would like to take this opportunity to implore us all to wipe the sweat from our brow, stay focused and pick up a shovel and work together to help fill it in.