Violation based on facially neutral housing policy
(1)As used in this section:
(a)“Facially neutral housing policy” means a guideline, practice, rule or screening or admission criterion, regarding a real property transaction, that applies equally to all persons.
(b)“Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income or disability.
(c)“Real property transaction” means an act described in ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) involving the renting or leasing of residential real property subject to ORS chapter 90.
(2)A court or the Commissioner of the Bureau of Labor and Industries may find a person to have violated ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) if:
(a)The person applies a facially neutral housing policy to a member of a protected class in a real property transaction involving a residential tenancy subject to ORS chapter 90; and
(b)Application of the policy adversely impacts members of the protected class to a greater extent than the policy impacts persons generally.
(3)In determining under subsection (2) of this section whether a violation has occurred and, if a violation has occurred, what relief should be granted, a court or the commissioner shall consider:
(a)The significance of the adverse impact on the protected class;
(b)The importance and necessity of any business purpose for the facially neutral housing policy; and
(c)The availability of less discriminatory alternatives for achieving the business purpose for the facially neutral housing policy. [2008 c.36 §2; 2021 c.367 §41]
Section 659A.425 — Violation based on facially neutral housing policy,
Law Review Citations
24 LCLR 1413 (2020)