ORS 90.100
Definitions
(1)
“Accessory building or structure” means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:(a)
Owned and used solely by a tenant of a manufactured dwelling or floating home; or(b)
Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home.(2)
“Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.(3)
“Applicant screening charge” means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit.(4)
“Building and housing codes” includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.(5)
“Carbon monoxide alarm” has the meaning given that term in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725).(6)
“Carbon monoxide source” has the meaning given that term in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725).(7)
“Conduct” means the commission of an act or the failure to act.(8)
“DBH” means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side.(9)
“Dealer” means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence.(10)
“Domestic violence” means:(a)
Abuse between family or household members, as those terms are defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735); or(b)
Abuse, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), between partners in a dating relationship.(11)
“Drug and alcohol free housing” means a dwelling unit described in ORS 90.243 (Qualifications for drug and alcohol free housing).(12)
“Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. “Dwelling unit” regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870), but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.(13)
“Essential service” means:(a)
For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility):(A)
Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and(B)
Any other service or habitability obligation imposed by the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition), the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the dwelling unit unfit for occupancy.(b)
For a tenancy consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility):(A)
Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and(B)
Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the rented space unfit for occupancy.(14)
“Facility” means a manufactured dwelling park or a marina.(15)
“Fee” means a nonrefundable payment of money.(16)
“First class mail” does not include certified or registered mail, or any other form of mail that may delay or hinder actual delivery of mail to the recipient.(17)
“Fixed term tenancy” means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination.(18)
“Floating home” has the meaning given that term in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870). “Floating home” includes an accessory building or structure.(19)
“Good faith” means honesty in fact in the conduct of the transaction concerned.(20)
“Hazard tree” means a tree that:(a)
Is located on a rented space in a manufactured dwelling park;(b)
Measures at least eight inches DBH; and(c)
Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture, to pose an unreasonable risk of causing serious physical harm or damage to individuals or property in the near future.(21)
“Hotel or motel” means “hotel” as that term is defined in ORS 699.005 (Definitions).(22)
“Informal dispute resolution” includes voluntary consultation between the landlord or landlord’s agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration.(23)
“Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.(24)
“Landlord’s agent” means a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord.(25)
“Last month’s rent deposit” means a type of security deposit, however designated, the primary function of which is to secure the payment of rent for the last month of the tenancy.(26)
“Manufactured dwelling” means a residential trailer, a mobile home or a manufactured home as those terms are defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) or a prefabricated structure. “Manufactured dwelling” includes an accessory building or structure.(27)
“Manufactured dwelling park” means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.(28)
“Marina” means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee.(29)
“Marina purchase association” means a group of three or more tenants who reside in a marina and have organized for the purpose of eventual purchase of the marina.(30)
“Month-to-month tenancy” means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties.(31)
“Organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.(32)
“Owner” includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:(a)
All or part of the legal title to property; or(b)
All or part of the beneficial ownership and a right to present use and enjoyment of the premises.(33)
“Person” includes an individual or organization.(34)
“Prefabricated structure” means a structure that is substantially constructed or assembled using closed construction at an off-site location in compliance with the state building code and that is sited and occupied by the owner in compliance with local codes.(35)
“Premises” means:(a)
A dwelling unit and the structure of which it is a part and facilities and appurtenances therein;(b)
Grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant; and(c)
A facility for manufactured dwellings or floating homes.(36)
“Prepaid rent” means any payment of money to the landlord for a rent obligation not yet due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination date.(37)
“Recreational vehicle” has the meaning given that term in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined).(38)
“Rent” means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. “Rent” does not include security deposits, fees or utility or service charges as described in ORS 90.315 (Utility or service payments) (4) and 90.562 (Utility and service charges).(39)
“Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 (Use and occupancy rules and regulations) or 90.510 (Statement of policy) (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental agreement is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.(40)
“Roomer” means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure.(41)
“Screening or admission criteria” means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. “Screening or admission criteria” includes, but is not limited to, the rental history, character references, public records, criminal records, credit reports, credit references and incomes or resources of the applicant.(42)
“Security deposit” means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee.(43)
“Sexual assault” has the meaning given that term in ORS 147.450 (Definitions).(44)
“Squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over as described in ORS 90.427 (Termination of tenancy without tenant cause) (11).(45)
“Stalking” means the behavior described in ORS 163.732 (Stalking).(46)
“Statement of policy” means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS 90.510 (Statement of policy).(47)
“Surrender” means an agreement, express or implied, as described in ORS 90.148 (Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy) between a landlord and tenant to terminate a rental agreement that gave the tenant the right to occupy a dwelling unit.(48)
“Tenant”:(a)
Except as provided in paragraph (b) of this subsection:(A)
Means a person, including a roomer, entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public housing authority.(B)
Means a minor, as defined and provided for in ORS 109.697 (Right to contract for dwelling unit and utilities without parental consent).(b)
For purposes of ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), means only a person who owns and occupies as a residence a manufactured dwelling or a floating home in a facility and persons residing with that tenant under the terms of the rental agreement.(c)
Does not mean a guest or temporary occupant.(49)
“Transient lodging” means a room or a suite of rooms.(50)
“Transient occupancy” means occupancy in transient lodging that has all of the following characteristics:(a)
Occupancy is charged on a daily basis and is not collected more than six days in advance;(b)
The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy; and(c)
The period of occupancy does not exceed 30 days.(51)
“Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:(a)
The occupant rents the unit for vacation purposes only, not as a principal residence;(b)
The occupant has a principal residence other than at the unit; and(c)
The period of authorized occupancy does not exceed 45 days.(52)
“Victim” means:(a)
The person against whom an incident related to domestic violence, sexual assault or stalking is perpetrated; or(b)
The parent or guardian of a minor household member against whom an incident related to domestic violence, sexual assault or stalking is perpetrated, unless the parent or guardian is the perpetrator.(53)
“Week-to-week tenancy” means a tenancy that has all of the following characteristics:(a)
Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;(b)
There is a written rental agreement that defines the landlord’s and the tenant’s rights and responsibilities under this chapter; and(c)
There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS 90.295 (Applicant screening charges). [Formerly 91.705; 1991 c.844 §3; 1993 c.369 §1; 1995 c.324 §1; 1995 c.559 §1; 1997 c.577 §1; 1999 c.676 §§7,7a; 2001 c.596 §27; 2003 c.378 §8; 2005 c.22 §57; 2005 c.41 §1; 2005 c.619 §15; 2007 c.508 §7; 2007 c.906 §6; 2009 c.431 §7; 2009 c.816 §16; 2011 c.42 §11; 2013 c.294 §14; 2013 c.443 §1; 2014 c.89 §12; 2019 c.1 §6; 2019 c.422 §28; 2019 c.625 §49; 2021 c.260 §12](1)
The provisions of section 3 or 5, chapter 13, Oregon Laws 2020 (first special session), or section 7 of this 2020 third special session Act might affect the terms and conditions of certain contracts entered into in this state.(2)
The effects of the provisions of section 3 or 5, chapter 13, Oregon Laws 2020 (first special session), or section 7 of this 2020 third special session Act are not substantial because the provisions have a limited scope and duration and are necessary to protect the public health, safety and welfare. For these reasons the provisions do not undermine a contractual bargain, interfere with a party’s reasonable expectations or prevent a party from safeguarding or reinstating the party’s rights.(3)
Even if a provision of section 3 or 5, chapter 13, Oregon Laws 2020 (first special session), or section 7 of this 2020 third special session Act has the effect of undermining a contractual bargain, interfering with a party’s reasonable expectations or preventing a party from safeguarding or reinstating the party’s rights, the provision is appropriate and reasonable to carry out the significant and legitimate public purpose of responding to the declaration of a state of emergency issued by the Governor on March 8, 2020, for the COVID-19 pandemic or the state of emergency issued by the Governor on September 8, 2020, for the wildfires. [2020 s.s.1 c.13 §1; 2020 s.s.3 c.3 §1](a)
“Emergency period” means the period beginning on April 1, 2020, and ending on June 30, 2021.(b)
“End of the grace period” means February 28, 2022.(c)
“Nonpayment” means the nonpayment of a payment that becomes due during the emergency period to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140 (Types of payments landlord may require or accept), 90.302 (Fees allowed for certain landlord expenses), 90.315 (Utility or service payments), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) or 90.630 (Termination by landlord).(d)
“Nonpayment balance” includes all or a part of the net total amount of all items of nonpayment by a tenant during the emergency period.(e)
“Termination notice without cause” means a notice delivered by a landlord under ORS 90.427 (Termination of tenancy without tenant cause) (3)(b), (4)(b) or (c), or (8)(a)(B) or (b)(B).(2)
Before the end of the grace period, notwithstanding this chapter [ORS chapter 90] or ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings), a landlord may not, and may not threaten to:(a)
Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance;(b)
Initiate or continue an action under ORS 105.110 (Action for forcible entry or wrongful detainer) to take possession of a dwelling unit based on a notice of termination for nonpayment delivered during the emergency period;(c)
Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance;(d)
Assess a late fee or any other penalty on a tenant’s nonpayment; or(e)
File an action to recover the nonpayment balance.(3)
Notwithstanding ORS 90.220 (Terms and conditions of rental agreement) (9), before applying payments received from a tenant or on behalf of a tenant to a tenant’s nonpayment balance, a landlord shall first apply the payments, in the following order, to:(a)
Rent for the current rental period;(b)
Utility or service charges;(c)
Late rent payment charges; and(d)
Fees or charges owed by the tenant under ORS 90.302 (Fees allowed for certain landlord expenses) or other fees or charges related to damage claims or other claims against the tenant.(4)
If the first year of occupancy would end after April 1, 2020, and before August 31, 2021, for the purposes of a termination notice without cause, the “first year of occupancy” is extended to mean a period lasting until August 31, 2021.(5)
Intentionally left blank —Ed.(a)
A landlord may deliver a written notice to a tenant before the end of the grace period stating that the tenant continues to owe any rent that accrued from April 1, 2020, through June 30, 2021, but the notice must also include a statement that eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before February 28, 2022.(b)
The notice may also include information regarding tenant resources and may offer a voluntary payment plan for the nonpayment balance. If the notice offers a voluntary payment plan, the notice must state that the payment plan is voluntary. The notice may include a request that the tenant contact the landlord to discuss the voluntary payment plan.(6)
Intentionally left blank —Ed.(a)
If a tenancy terminates before the end of the grace period, a landlord may claim from the security deposit or last month’s rent deposit to repay the unpaid rent balance that accrued during the emergency period under ORS 90.300 (Security deposits) (7) or (9).(b)
Prior to the end of the grace period, a tenant with an unpaid rent balance that accrued during the emergency period is not considered to be in default in rent under ORS 90.385 (Retaliatory conduct by landlord) (4)(c) or 90.390 (Discrimination against tenant or applicant) (2).(c)
A landlord’s acceptance of a partial payment of rent before the end of the grace period does not constitute a waiver of a landlord’s right to terminate the tenancy for:(A)
A violation of the rental agreement, notwithstanding ORS 90.412 (Waiver of termination of tenancy) (2); or(B)
Nonpayment of the rent balance owed under ORS 90.394 (Termination of tenancy for failure to pay rent) after the end of the grace period, notwithstanding ORS 90.417 (Duty to pay rent) (4).(7)
A termination notice given under ORS 90.394 (Termination of tenancy for failure to pay rent) must substantially state that:(a)
Eviction for nonpayment of rent, charges and fees that accrued on and after April 1, 2020, and before June 30, 2021, is not allowed before February 28, 2022; and(b)
Information regarding tenant resources is available at www.211info.org. [2020 s.s.1 c.13 §3; 2020 s.s.3 c.3 §8; 2021 c.39 §1](a)
Submits an application to the department for all of the landlord’s tenants who have not paid rent and have delivered to the landlord a signed declaration under section 7 (1)(b), chapter 3, Oregon Laws 2020 (third special session), as in effect on June 30, 2021;(b)
Includes in the application a copy of the tenants’ declarations;(c)
Provides the department with a description of the unpaid rent for all current tenants;(d)
Agrees to repay to the department any amount that was paid to the landlord under this section and the landlord later receives from the qualified tenant or on the tenant’s behalf, within the period requested by the department;(e)
Is not a member of the tenant’s immediate family, as defined in ORS 90.427 (Termination of tenancy without tenant cause);(f)
During the pendency of the distribution application, agrees to not give a termination notice without cause or for nonpayment, as those terms are defined in section 3, chapter 13, Oregon Laws 2020 (first special session); and(g)
Provides any other information or materials required by the department.(2)
Intentionally left blank —Ed.(a)
The department shall develop an online application for landlords to apply for distributions under this section.(b)
The application must be made available in languages other than English.(c)
The application period must be open more than once to allow for greater outreach and participation.(3)
The department may establish any qualifications, priorities, restrictions or limits on the distributions made under this section, to prioritize landlords with fewer units and landlords with a higher percentage of unpaid rents. Restrictions or limits may include:(a)
Limits per tenant, per landlord or per time period;(b)
The number of units a landlord must own; or(c)
The percentage or amount of total rent unpaid.(4)
The department may coordinate with local housing authorities to administer this section, including through making distributions to landlords.(5)
The department or local housing authority shall mail to tenants copies of a notice of distribution to their landlords.(6)
The department may conduct outreach to landlords and tenants, including outreach to non-English speakers.(7)
Notwithstanding ORS 276A.300 (Information systems security in executive department), 279A.025 (Application of Public Contracting Code), 279A.050 (Procurement authority) (6)(g), 279A.205 (Cooperative procurements authorized) and 456.571 (Powers and duties of council), the department shall expedite the implementation of the landlord compensation fund.(8)
As used in this section, “landlord” includes a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803 (Definitions for ORS 62.800 to 62.815). [2020 s.s.3 c.3 §2; 2021 c.420 §12](2)
The Housing and Community Services Department shall make distributions to adjust the compensation under section 2 (1), chapter 3, Oregon Laws 2020 (third special session), for landlords whose applications were approved before the effective date of this 2021 Act without requiring that the landlord submit an additional application. [2021 c.420 §13](a)
A maximum occupancy guideline for the number of tenants or guests lower than an amount required by federal, state or local law or regulation.(b)
The maximum duration of a guest’s stay in the tenancy.(2)
If a tenant’s guest resides in the dwelling unit more than 15 days in any 12-month period, a landlord may require that:(a)
The tenant’s guest satisfy the screening or admissions criteria ordinarily considered by the landlord for tenants, except that the landlord may not use criteria related to credit reports, credit references or income; and(b)
The tenant and the guest enter into a temporary occupancy agreement as provided in ORS 90.275 (Temporary occupancy agreement), except that the landlord may not require that the agreement have an ending date earlier than February 28, 2022.(3)
This section does not prohibit a landlord from assessing a fee allowed by ORS 90.302 (Fees allowed for certain landlord expenses) or terminating a tenancy based upon the conduct of a tenant’s guest or based on the tenant’s guest’s failure to comply with subsection (2) of this section.(4)
Notwithstanding ORS 90.403 (Taking possession of premises from unauthorized possessor) or 90.412 (Waiver of termination of tenancy), acceptance of a payment by a landlord from the tenant or guest does not make the guest a tenant under this chapter [ORS chapter 90].(5)
As used in this section, “guest” means an individual who is staying temporarily, including overnight, within the dwelling unit at the invitation of the tenant. [2021 c.39 §14](a)
“Documentation” includes electronic mail, a screenshot or other written or electronic documentation from a rent assistance provider verifying the submission of an application for rental assistance.(b)
“Nonpayment” means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140 (Types of payments landlord may require or accept), 90.302 (Fees allowed for certain landlord expenses), 90.315 (Utility or service payments), 90.392 (Termination of tenancy for cause), 90.394 (Termination of tenancy for failure to pay rent), 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water) or 90.630 (Termination by landlord).(2)
Intentionally left blank —Ed.(a)
If a tenant provides the landlord with documentation that the tenant has applied for rental assistance, a landlord may not:(A)
Deliver a termination notice for nonpayment; or(B)
Initiate or continue an action for possession based on a termination notice for nonpayment.(b)
A tenant may provide documentation by any method reasonably calculated to achieve receipt by the landlord, including by sending a copy or photograph of the documentation by electronic mail or text message.(c)
If 60 days have passed since the tenant provided documentation under this subsection:(A)
A landlord may deliver to the tenant a new termination notice for nonpayment, to which this section does not apply, without providing the notice under subsection (4) of this section; or(B)
If a claim for possession was postponed under subsection (5)(b) of this section, the court shall promptly set the matter for trial.(3)
Except as provided in subsection (2)(c)(A) of this section, a landlord shall deliver the notice described in subsection (4) of this section along with:(a)
Any notice of termination for nonpayment; and(b)
Any summons for a complaint seeking possession based on nonpayment given by the landlord or service processor, including a summons delivered under ORS 105.135 (Service and return of summons) (3)(b).(4)
The notice required under subsection (3) of this section must be in substantially the following form:(5)
Intentionally left blank —Ed.(a)
A court shall enter a judgment dismissing a complaint for possession that is based on a termination notice for nonpayment if the court determines that:(A)
The landlord failed to attach the notice as required under subsection (3) of this section.(B)
The tenant’s nonpayment was substantially caused by the landlord’s failure to reasonably participate with a rental assistance program. This subparagraph does not require that a landlord apply for compensation under section 2, chapter 3, Oregon Laws 2020 (third special session).(C)
The landlord receives rental assistance covering the rent owed under the notice.(D)
The tenant provided the landlord with documentation of application for rental assistance as described in subsection (2) of this section before the claim was filed.(b)
If the tenant provides the landlord or court with documentation of application for rental assistance as described in subsection (2) of this section at any time after the landlord commenced the action for possession and at or before the first appearance, at the first appearance the court shall, on its own motion, postpone the first appearance to a date not earlier than 60 days after the documentation was delivered.(6)
If a landlord violates this section:(a)
A tenant may obtain injunctive relief to recover possession or address any other violation;(b)
The tenant has a defense to an action for possession by the landlord.(7)
Notwithstanding ORS 105.137 (Effect of failure of party to appear) (4), if a claim for possession is dismissed under this section, the tenant is not entitled to prevailing party fees, costs or attorney fees if the landlord:(a)
Delivered to the tenant all notices required under subsection (3) of this section as required;(b)
Did not know, and did not have reasonable cause to know, at the time of commencing the action that the tenant had provided documentation of application for rental assistance under subsection (2) of this section; and(c)
Promptly dismissed the action upon becoming aware of the documentation of application for rental assistance. [2021 c.420 §2](b)
Each form on the Judicial Department website must include a statement in English, Spanish, Korean, Russian, Vietnamese and Chinese indicating that the form and translations can be found on the Judicial Department website and the web address where the forms may be found.(2)
The department shall prepare a summary of sections 2 and 3 of this 2021 Act, deliver a copy of the summary to each circuit court in this state for posting at the clerk’s counter and publish the summary on the department’s website. [2021 c.420 §6](1)
The tenant’s application for rental assistance was denied; or(2)
Sixty days have passed since the tenant provided documentation of application for rental assistance without the landlord receiving rental assistance. [2021 c.420 §9]
Source:
Section 90.100 — Definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors090.html.
Notes of Decisions
In definition of “tenant,” reference to occupying dwelling to exclusion of others means to exclusion of public, not to exclusion of other tenants. Torbeck v. Chamberlain, 138 Or App 446, 910 P2d 389 (1996), Sup Ct review denied
Occasional use of boat for transportation does not disqualify boat used primarily as domicile from definition of “floating home”. Ramsum v. Woldridge, 222 Or App 109, 192 P3d 851 (2008)
Up to date