ORS 659A.421
Discrimination in selling, renting or leasing real property prohibited

Text
Annotations 5

(1)

As used in this section:

(a)

“Dwelling” means:

(A)

A building or structure, or portion of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families; or

(B)

Vacant land offered for sale or lease for the construction or location of a building or structure, or portion of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families.

(b)

“Purchaser” includes an occupant, prospective occupant, renter, prospective renter, lessee, prospective lessee, buyer or prospective buyer.

(c)

“Real property” includes a dwelling.

(d)

Intentionally left blank —Ed.

(A)

“Source of income” includes federal rent subsidy payments under 42 U.S.C. 1437f and any other local, state or federal housing assistance.

(B)

“Source of income” does not include income derived from a specific occupation or income derived in an illegal manner.

(2)

A person may not, because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income of any person:

(a)

Refuse to sell, lease or rent any real property to a purchaser. This paragraph does not prevent a person from refusing to lease or rent real property to a prospective renter or prospective lessee:

(A)

Based upon the past conduct of a prospective renter or prospective lessee provided the refusal to lease or rent based on past conduct is consistent with local, state and federal law, including but not limited to fair housing laws; or

(B)

Based upon the prospective renter’s or prospective lessee’s inability to pay rent, taking into account the value of the prospective renter’s or prospective lessee’s local, state and federal housing assistance, provided the refusal to lease or rent based on inability to pay rent is consistent with local, state and federal law, including but not limited to fair housing laws.

(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 that indicates any preference, limitation, specification or unlawful discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(f)

Assist, induce, incite or coerce another person to commit an act or engage in a practice that violates this section.

(g)

Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section.

(h)

Deny access to, or membership or participation in, any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against any person in the terms or conditions of the access, membership or participation.

(i)

Represent to a person that a dwelling is not available for inspection, sale or rental when the dwelling in fact is available for inspection, sale or rental.

(j)

Otherwise make unavailable or deny a dwelling to a person.

(3)

Intentionally left blank —Ed.

(a)

A person whose business includes engaging in residential real estate related transactions may not discriminate against any person in making a transaction available, or in the terms or conditions of the transaction, because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(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)

Secured by residential real estate; or

(B)

The selling, brokering or appraising of residential real property.

(4)

A real estate licensee may not 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, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(5)

A person may not, 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, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(6)

This section does not apply with respect to sex distinction, discrimination or restriction if the real property involved is such that the application of this section would necessarily result in common use of bath or bedroom facilities by unrelated persons of opposite sex.

(7)

Intentionally left blank —Ed.

(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)

At least 80 percent of the dwellings are occupied by at least one person 55 years of age or older per unit; and

(ii)

Policies and procedures that 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 does not fail to meet the requirements for housing for older persons if:

(A)

Persons residing in the housing as of September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of this subsection. However, new occupants of the housing shall meet the age requirements of paragraph (b)(B) or (C) of this subsection; or

(B)

The housing includes unoccupied units that 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.

(8)

The provisions of subsection (2)(a) to (d) and (f) of this section that prohibit actions based upon sex, sexual orientation, gender identity or familial status do not apply to the renting of space within a single-family residence if the owner actually maintains and occupies the residence as the owner’s primary residence and all occupants share some common space within the residence.

(9)

Any violation of this section is an unlawful practice. [Formerly 659.033; 2007 c.100 §8; 2007 c.903 §4a; 2008 c.36 §6; 2013 c.740 §1; 2021 c.367 §40]

Source: Section 659A.421 — Discrimination in selling, renting or leasing real property prohibited, https://www.oregonlegislature.gov/bills_laws/ors/ors659A.html.

Notes of Decisions

By providing civil action for claim of housing discrimination, [former] ORS 659.121 (2) did not eliminate authority of Commissioner of Bureau of Labor and Industries to assess damages in administrative proceeding. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1339 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Damages under this section could be awarded to personal representative of claimant, because right to procure full administrative relief survives death of injured party. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1339 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Landlord’s actions constituted refusal to rent to claimant, where claimant did all she could be expected to do and did not actually fill out rental application only because petitioner failed to make it available to her. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1139 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Attorney General Opinions

Limiting married student housing to married students, (1976) Vol 37, p 1297; refusal to rent to unmarried couple of opposite sexes not violative, (1976) Vol 38, p 181; operation of hotel under specified circumstances as complying with Public Accommodations Law, (1983) Vol 44, p 20

Law Review Citations

24 LCLR 1413 (2020)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 659A.421 Discrimination in selling, renting or leasing real property prohibited

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Notes of Decisions

Attorney General Opinions

Law Review Citations

ORS 659A.421
Discrimination in selling, renting or leasing real property prohibited