Residential Landlord and Tenant

ORS 90.767
Mandatory mediation

(1)

For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 (Definitions for ORS 90) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) shall establish a mediation policy to resolve disputes related to:

(a)

Landlord or tenant compliance with the rental agreement or with the provisions of this chapter;

(b)

Landlord or tenant conduct within the facility; or

(c)

The modification of a rule or regulation under ORS 90.610 (Notice of proposed change in rule or regulation).

(2)

A mediation policy under this section must include:

(a)

The process and format by which a tenant or landlord may initiate mediation.

(b)

The names and contact information, including the phone number and website address, for mediation services available through the referral program provided by the Housing and Community Services Department under ORS 456.403 (Housing and Community Services Department support for manufactured dwelling parks and marinas) (2) and any other no-cost mediation service acceptable to the landlord.

(c)

Information substantially explaining requirements for mediation under subsections (3) to (7) of this section.

(3)

Mediation conducted under this section:

(a)

In addition to any process authorized under subsection (2)(a) of this section, may be initiated by the landlord or tenant’s contact with the Housing and Community Services Department in a format required by the department.

(b)

May not resolve any matters except by the agreement of all parties.

(c)

Must require that communications from all parties are held strictly confidential and may not be used in any legal proceedings.

(d)

May be used to resolve:

(A)

Disputes between the landlord and one or more tenants, initiated by any party; and

(B)

Disputes between any two or more tenants, initiated only by the landlord.

(e)

Must allow a party to designate any person, including a nonattorney, to represent the interests of the party provided that the person has the authority to bind that party to any resolution of the dispute.

(f)

Must comply with any other provisions as the Housing and Community Services Department may require by rule.

(4)

Parties must participate in mediation under this section by making a good faith effort to schedule mediation within 30 days after mediation is initiated, attending and participating in mediation and cooperating with reasonable requests of the mediator.

(5)

After mediation has been initiated and while it is ongoing under this section:

(a)

Any statute of limitations related to the dispute is tolled.

(b)

A party may not file an action related to the dispute, including an action for possession under ORS 105.110 (Action for forcible entry or wrongful detainer).
(c)(A) A tenant shall continue paying rent to the landlord.

(B)

A landlord receiving rent under this paragraph has not accepted rent for the purposes of ORS 90.412 (Waiver of termination of tenancy) (2), provided that the landlord refunds the rent within 10 days following the conclusion of mediation.

(6)

Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:

(a)

Facility closures consistent with ORS 90.645 (Closure of park) or 90.671 (Closure of marina).

(b)

Facility sales consistent with ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility).

(c)

Rent increases consistent with ORS 90.600 (Increases in rent).

(d)

Rent payments or amounts owed.

(e)

Tenant violations alleged in a termination notice given under ORS 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.630 (Termination by landlord) (10).

(f)

Violations of an alleged unauthorized person in possession in a notice given under ORS 90.403 (Taking possession of premises from unauthorized possessor).

(g)

Unless initiated by the victim, a dispute involving allegations of domestic violence, sexual assault or stalking or a dispute between the victim and the alleged perpetrator.

(h)

A dispute arising after the termination of the tenancy, including under ORS 90.425 (Disposition of personal property abandoned by tenant), 90.675 (Disposition of manufactured dwelling or floating home left in facility) or 105.161 (Service and enforcement of writ of execution and eviction trespass notice).

(7)

This section does not require any party to:

(a)

Reach an agreement on any or all issues submitted to mediation;

(b)

Participate in more than one mediation session or participate for an unreasonable length of time in a session; or

(c)

Waive or forgo any rights or remedies or the use of any other available informal dispute resolution process.

(8)

A mediator in a mediation under this section shall notify the Housing and Community Services Department as to whether the dispute was resolved through mediation but may not provide the department with the contents of any resolution.

(9)

A landlord may unilaterally amend a rental agreement or facility rules and regulations to comply with this section.

(10)

If a party refuses to participate in good faith in mediation with another party or uses mediation to harass another party, the other party:

(a)

Has a defense to a claim related to the subject of the dispute for which mediation was sought; and

(b)

Is entitled to damages of one month’s rent against the party. [2019 c.625 §8]
Source

Last accessed
Mar. 11, 2023

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