June 24, 2020

Per today’s special session, here are some of the highlights of HB 4213. It is in currently in flux and there may still be changes. There is a work session on the bill tomorrow sometime after 10 AM.

The bill will extend the eviction moratorium (emergency period) until September 30, 2020.  This period runs from 04/01/2020 to 09/30/2020.

If a tenant does not pay October's rent and going forward from 10/01/2020, a landlord may issue a 72-hour notice for non-payment of rent. All provisions of ORS chapter 90 are back in force except for Section 3 of the bill. 

Highlights of section 3:

A landlord may not issue any termination notice for non-payment of rent, charges, fees, utility charges or any other service charge or fee, as described in the rental agreement or ORS 91.090, 91.210 or 91.220, during the emergency period. This is called "non-payment balance".

A landlord may issue a notice to the tenant to come into a payment agreement for the rent, charges, fees, ETC. (non-payment balance) that have accrued during the emergency period. This does not include late fees as they are prohibited during the moratorium. Tenant has 14 days to respond. The period for the repayment is called the "grace period". This runs from 10/01/2020 to March 31, 2021. The penalty for a tenant that does not respond back to a landlord is a onetime penalty of 50% of the month's rent.

If the tenant’s one year of tenancy expired during the emergency period and a landlord wants to give a no cause termination notice, they may do so.

The date for giving the no cause termination notice is at the end of the emergency period, 09/30/2020.

All rent, charges, & fees after the emergency period expires, 09/30/2020, are due and must be paid as usual. If not a termination notice may be given.

If a landlord violates the provision of Section 3 in the bill, a tenant may recover 3 months’ rent plus actual damages and attorney’s fees.

Section 3 ends on 03/30/2021.

Of note in today's hearing, ORS 90-427 5 (b) was discussed at length and may be included in the final bill. This is where a rental unit is sold and the buyer is moving in with a 90-day notice with relocation money if it applies.

The -6 amendment was also discussed at length also. This amendment would provide money for rent (non -payment balance) that is not paid from 04/01/2020 to the end of the emergency period.

https://olis.oregonlegislature.gov/liz/2020S1/Downloads/ProposedAmendment/18005

The following link is also a good read of the bill:
https://olis.oregonlegislature.gov/liz/2020S1/Downloads/CommitteeMeetingDocument/223409 

Link to the bill:
https://olis.oregonlegislature.gov/liz/2020S1/Downloads/MeasureDocument/HB4213/Introduced

Link to the -7 amendment:
https://olis.oregonlegislature.gov/liz/2020S1/Downloads/ProposedAmendment/18011