Conveyancing and Recording

ORS 93.270
Certain restrictions in instruments prohibited

  • restriction on right of action

(1)

A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS 94.580 (Declaration), may not include in an instrument for that purpose a provision:

(a)

Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, gender identity, national origin or disability.

(b)

Restricting the use of the real property:

(A)

As a certified or registered family child care home pursuant to ORS 329A.250 (Definitions for ORS 329A) to 329A.450 (Assistance to staff of facility) or as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 (Employment Related Day Care subsidy program); or

(B)

By any home or facility that is licensed under ORS 443.400 (Definitions for ORS 443) to 443.455 (Civil penalties) or 443.705 (Definitions for ORS 443) to 443.825 (Disposition of penalties recovered) to provide residential care alone or in conjunction with treatment or training or a combination thereof.

(2)

A condominium that includes units used for residential purposes or planned community, including a community not subject to ORS 94.550 (Definitions for ORS 94) to 94.783 (When certain administrative provisions apply), may not include in a recorded instrument governing the community and may not enforce any provision that would restrict the use of the community or the lots or units of the community because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, source of income, disability or the number of individuals, including family members, persons of close affinity or unrelated persons, who are simultaneously occupying a dwelling unit within occupancy limits.

(3)

Any provision in an instrument executed in violation of subsection (1) or (2) of this section is void and unenforceable.

(4)

An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

(5)

(a)

An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

(b)

As used in this subsection, “wildfire hazard zones” are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1; 1993 c.430 §3; 2007 c.70 §20; 2007 c.100 §16; 2009 c.595 §61; 2017 c.221 §1; 2018 c.35 §2; 2021 c.67 §1; 2021 c.367 §§5,5a]
Note: Section 2, chapter 67, Oregon Laws 2021, provides:
Sec. 2. The amendments to ORS 93.270 (Certain restrictions in instruments prohibited) by section 1 of this 2021 Act apply to instruments recorded on, before or after the effective date of this 2021 Act [September 25, 2021]. [2021 c.67 §2]
Source

Last accessed
May 30, 2023

REMOVE ADS