ORHA News

By: Tia Politi, ORHA President
January 2025

Forms Manual/Law Book
Hope the New Year finds you well! We are excited to be publishing our ORHA Forms Manual – Edition VII this year. Stay tuned for details. As you may recall, the board voted to begin adhering to a regular schedule: new Forms Manual every odd year and new Law Book every even year. We had planned to be offering our new Law Book this year, but because the long session occurs in odd-numbered years and more law changes happen during those long sessions, it made sense to postpone.

I know it’s been a very long time, but remember, you have all the new laws as inserts in the current manual that are also available on the website and with the new law changes that happened in 2023-2024, there are articles that can guide you regarding those law changes! Thank you for your patience.

Bylaws and Policies
We finally finished our bylaws changes, and the updated Bylaws and Policies should be sent out to the local associations this month to have them in hand. Because our vote regarding profit-sharing at the July meeting was found to be improper, we re-voted at the November meeting, and the policy is now approved. If you’ve forgotten what that was about, Technology Chair Cloud Miller made a motion to include sales of all ORHA products in the profit-sharing money we distribute to our local associations annually. It requires a little more work for the bookkeeper, Finance Committee and ORHA Independent Contractor Ben Seamans, but gives us all skin in the game. With the proposal to add virtual manuals and teach more ORHA-sponsored classes, it should result in a heftier annual distribution.

Save the Date - Property Management Palooza!
Organizational meetings for our 2025 Property Management Palooza in Hood River begin this month. If you are not a member of this committee, and wish to be, please send me an email so I can add you to the list. I can be reached at president@oregonrentalhousing.com.

We’re happy to return to the eastern part of the state where distances are vast and in-person educational offerings are limited. We encourage you to plan to attend this intensive annual event and make a weekend of it. Hood River is a beautiful part of our state and is known for its spectacular opportunities for hiking, windsurfing and kiteboarding. Hood River County also has some of the best kayaking, mountain biking, downhill and Nordic skiing areas in the United States and was recently named one of the “11 great riverfront towns" in the United States. Interestingly, it is also the only city in Oregon where public consumption of alcohol on sidewalks or parks is completely unrestricted! 

So, mark your calendars for Friday May 16, 2025, for an all-day series of classes for landlords and property managers – details to follow. Bring the family and enjoy some of the great things Hood River has to offer. Hope to see you there.

Tia Politi, ORHA President

By: Tia Politi, ORHA President
November 2024

Happy Holidays to you! We at Oregon Rental Housing Association provide our members with top-notch support through our rental forms and through the efforts of our county associations. Each chapter is independently run with support from the leadership team at ORHA. Each association provides delegates that take their turn at leadership and vote on policies and procedures to effectively move us forward to greater heights.

Nominations for officers for the 2025-2027 term are being accepted. You should have received an email twice now from our Nomination Committee Chair Tanya Dean. Please take a few minutes and send in your nominations. Remember, you can always be self-nominated. Voting will take place during the March meeting, and if needed, voting will also take place for one or more At-Large executive members.

We have four regions in ORHA – 1) Metro Region which includes Central Oregon ROA in Bend, Lane County Rental Owners Association in Springfield, and Portland Area ROA in Portland; 2) Northeastern Region which includes Clatsop County ROA in Astoria, Linn-Benton RHA in Corvallis, and Salem RHA in Salem; 3) Southern Region which includes ROA of Douglas County, in Roseburg, Klamath ROA in Klamath Falls, ROA of Southwestern Oregon, in Coos Bay, and Southern Oregon ROA in Medford; and 4) Eastern Region which includes ROA of Northeastern Oregon in La Grande, Mid-Columbia ROA in the Dalles, Treasure Valley RA in Ontario, and Umatilla ROA in Hermiston.

Our bylaws require that all regions of the state be represented on the Executive Committee, so if after voting a region is not represented, delegates will vote at that meeting for an At-Large member to serve on the Executive Committee for a two-year term. This past term, all but the Southern Region was represented and Joanne Williams of ROADC has served in that role. See you in March for the vote!

By: Tia Politi, ORHA President
October 2024

Had a great time in Bend at McMenamins at the September Leadership Dinner and Board Meeting.

On Friday at the Leadership Dinner, committee chairs updated the group on their progress, and we also got an update from our website vendors, Brad and Brandon on the challenges with the forms store. The annual Leadership Dinner was started years ago by former ORHA President Terry Flora Turner and is just what it sounds like – a time for the leaders of the Oregon Rental Housing Association to share updates and enjoy a nice meal to thank them for their volunteer service. This year, Ben Seamans ordered nice padfolios with the ORHA logo on them as a gift for our dedicated volunteers. He also created laminated sheets with important info about ORHA and QR codes to make it easy for the local associations to find what they need.

Association leaders and committee chairs are not compensated for their services with a few exceptions for legislative work, printed forms and the forms store. This event is a great way to encourage them in their work and socialize with the other leaders. This year we had two new people Wendy L. with COROA, and Joann H., vice president of ROA-SWO. Always great to welcome newcomers with fresh ideas and perspectives. With all the activities for the weekend happening at McMenamins we didn’t venture out as they have a great venue and lots of cool places to hang out. Check out our pictures later in the newsletter.

If you want to participate in the future, the first step is to see about joining your local board. Each local association is allowed two delegates (sometimes more if they’re willing to pay for their travel and hotel, but in any case, each association is allowed only two votes) to attend board meetings and in September our Leadership Dinner. Each association’s delegates vote on important decisions at the board meetings which are held five times per year – March, May, July, September and November. November’s meeting is online only, and delegates can attend all meetings virtually, but we recommend trying to come in person to get to know the other volunteers and have some fun amidst the work.

All association delegates are required to actively serve on at least one committee. That’s how the work gets done to serve and support member landlords throughout the state. If you’re interested in joining us for fun and work get connected through your local board!

To learn more about our local associations, please visit https://oregonrentalhousing.com/about.

By: Tia Politi, ORHA President
September 2024

Fun in Bend
September in Bend is the best meeting of the year! The ORHA Executive Committee has a great evening planned for those of you who will be attending our annual Leadership Dinner on Friday, September 19th 6 p.m. in the Rambler Room at McMenamins. The dinner is hosted, but adult beverages are not covered for insurance reasons so bring your wallet if you want to purchase libations.

We’ll be having a luau feast (feel free to wear Hawaiian attire) with committee chairs speaking briefly on their current projects and future visions. We’ll also be hearing from the leaders of our local associations to report on their progress, successes and roadblocks. As our locals go, so we all go. Mentoring is proving very helpful, but only if we know where they need help.

There is a top-secret special event planned, and we have invited a special guest, Hood River Rep Jeff Helfrich who we hope will be joining us to share and learn. We also have special gifts for you, our leaders to thank you for your service.

Since we host the Leadership Dinner in September, we don’t have a Delegate Outing planned for Friday, but Saturday after the Board Meeting, we can roam around beautiful Bend, eat, drink, make merry and bond. Hope to see you there!

Sunday training at this meeting will be on Wild Apricot’s new requirements for stated policies and disclosures that must be completed. If your association has not yet complied, come to the training at the Parrish House 9-10 a.m. Sunday, September 21st either in person or virtually. For those unable to attend, the class will be recorded to allow you to view the requirements and suggestions at your own pace. We have created templates for you to follow so it won’t be a big deal unless you don’t do it!

The Election is Coming
As we get closer to election season, Oregon’s electoral landscape is in serious jeopardy of becoming a Democrat supermajority once again. Please vote and encourage others to vote in favor of legislative balance. We need to return to the Oregon Way! Read ORHA Lobbyist Shawn Miller’s report on the seats that are hanging in the balance and do what you can to help.

By: Tia Politi
September 2024

Running a business is full of risks – kind of like the rest of life. I’m a risk-averse person which has served me well as a landlord. When I was a property manager, my nickname was The Voice of Doom because I was always pointing out possible problems to my owners that could get them sued. There are three major categories of risk for landlords: the property, the tenants, and you.

PROPERTY RISKS
Property risks run the gamut from the obvious to the barely discernible. Obvious areas of risk would include electrical, heating or plumbing systems in poor condition; windows or doors that don’t open, close or lock properly; rickety banisters; rotting deck boards; etc. In addition to providing a legally habitable property, Oregon Landlord Tenant law requires that a rental home must be, “…safe and secure for all reasonably intended purposes.”

Because the unit may have met code at the time it was built, doesn’t make it safe as a rental property. One of the issues I often see in older homes are stair railings or deck railings that have six to nine inches of space between spindles, or fence boards with large gaps. Both scenarios could create a risk of injury to a toddler or small child. Your tenants don’t have small children, you say? Can you imagine that they have guests who do? Those guests may visit, and their child could be hurt. Who will be sued for that? You guessed it – you.

During the 2014 and 2015 legislative sessions there were back-to-back law changes addressing egress requirements for sleeping places. ORS 90.460(2) was modified in 2014 to state, “A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, if required, a secondary route of exit from each bedroom, for use during an emergency.” After a bit of hue and cry from landlords, in 2015 this section was modified to add, “The routes of exit must conform to applicable law in effect at the time of occupancy of the building or in effect after a renovation or change of use of the building, whichever is later.” Oh, okay, so it’s fine to let your tenant burn to death because that’s the way it was built and you’re too cheap to replace a window???!! Regardless of what the law would allow me to disregard, I turned down clients who refused to modify the bedroom windows to allow proper egress.

Fire Safety
Fire safety is top of mind right now, yet many landlords fail to minimize the fire risks by removing excess vegetation around the home, or trees that are too close to the house or overhang the roof providing a critter highway directly to your unit. Insurance companies are cancelling policies left and right. They will spy on your property using satellite imaging to check on the condition of your roof. Clean your roof annually or more often if you are in a heavily forested area. Remove trees and shrubs that contact the building envelope or overhang the roof and consider landscaping with fire-resistant shrubs. My most recent insurance bill quantified our wildfire risk with a score that considers the types of roofing materials, the presence of trees or vegetation near the home, as well as the proximity to the closest fire station. Take note. 

Hazardous Materials
Older homes often contain hazardous materials such as asbestos or lead-based paint. Asbestos was commonly used as soundproofing back in the day and while most of us are aware that ceilings with popcorn texture are likely to contain asbestos (but not always), many are not aware that it also was used for wall texture. Remember that any renovations performed on an older unit built before 1978 (beyond clearly identified parameters when performing minor disruptions) must be performed by a lead-certified renovator and all proper precautions taken – with no exceptions for property owners as used to be the case. The Oregon Health Authority regulates lead paint; the Department of Environmental Quality regulates asbestos. Whatever hazardous materials you may be dealing with always check with the oversight agency for current rules and protect yourself by hiring certified professionals.

Water Intrusion/Mold
Failing roofs, poor drainage around the perimeter, inadequate flashing around chimneys, failing gutters, seeping leaks at shower valves, drain assemblies or toilet flanges can create water intrusion leading to mold, rot or structural problems. A verifiable claim by a tenant for toxic mold can be incredibly costly and insurance policies won’t cover this type of loss, much less pay for damage to the tenant’s health or personal possessions from the landlord’s negligence. Some tenants are good at reporting issues, others not so much. And tenants may not even realize that there’s a problem, so inspect. Buy a humidity tester and a wall moisture meter, both can help you discover the presence of water issues.

Slip/Trip Hazards
A less obvious kind of risk would include slipping or tripping hazards. If not properly maintained, decks can be slippery in wet or icy weather. Look for trip hazards not in and on your actual property but the sidewalk in front as well. Offsets in your sidewalk of more than ½ inch are violations of city code and are tripping hazards. Don’t wait for a trip and fall followed by an insurance claim to fix the problem. The more claims you make, the more likely your company is to cancel you.

TENANT RISKS
Risky tenants can be difficult to spot. There are people out there who we refer to as professional tenants, they come in many shapes and sizes and can be a landlord’s worst nightmare. Folks like this can create trouble in numerous ways, and they often know the law better than you do. They can pressure you to move in before your property is ready then claim you rented them substandard housing; sabotage your property, then claim habitability issues; bring in unauthorized people or animals; rent under false pretenses to set up a marijuana grow; and the list goes on.

That’s why it’s essential to screen tenants fully, document your property condition, and inspect your property regularly. (Read my articles on Screening and Inspections for a rundown of recommendations.) At the last private management company where I worked, we took over management of a property where a tenant had brought in an unauthorized pit bull unbeknownst to the owners who never inspected. The dog ended up biting and disfiguring the face of a neighbor girl who approached him. The owner’s insurance covered the claim, but it was a painful lesson for the owners who felt terrible about the injury to the girl and saw their insurance rates skyrocket. A good preventative measure you can take is to introduce yourself to the neighbors of your properties, share your contact information, and encourage them to call should they see something amiss, or have any problems with your tenants.

LANDLORD RISKS
Landlords create unreasonable risks for themselves by failing to stay up to date on the ever-changing regulatory landscape, by failing to properly screen, by failing to inspect, and by failing to properly address maintenance. With law overlays impacting Eugene and Portland landlords most heavily, it’s more important than ever to stay abreast of the requirements. (Read my article Landlord Penalties for a rundown of the ways you can be liable for financial penalties to your tenant.)

Another common way landlords create risk for themselves is by hiring unlicensed workers or trading work for rent. Hiring unlicensed workers is so stupid I don’t know where to begin. But you’ll learn when you do it and get turned in and must pay hefty fines for substandard repairs.

ORS 90.145 allows a landlord and tenant to agree to have the tenant perform certain repairs (no plumbing or electrical work) on the property in exchange for a rent reduction without creating an employee/employer relationship, but it’s almost always a bad idea. I’ve seen eviction cases for nonpayment of rent when work trades were involved where the judge couldn’t definitively determine the value of the work vs the value of the rent and the landlord lost. And having tenants perform risky repairs like roof cleaning, or other work that involves high ladders or chainsaws poses an incredibly high risk to you if they become injured, so don’t do it.

The Takeaway
To be successful in this business, be proactive. Evaluate your property with a critical eye for safety hazards or hire a professional to do it for you; make sure your property is legally habitable, and safe and secure for all reasonably intended purposes; screen all tenants thoroughly; document the condition of your property prior to transferring possession; use all proper forms and disclosures; make sure all forms are signed and initialed by all parties; inspect regularly; don’t allow risky recreational items to be used on your property such as pools or trampolines; use licensed contractors only; don’t trade work for rent; and document every interaction with each of your tenants. Make sure that your rental property insurance covers things like tenant vandalism and keep in force a Personal Liability Umbrella to cover you if you’re sued.

Nothing can prevent all risk but take it from the Voice of Doom, an ounce of prevention is worth a pound of cure.

This column offers general suggestions only and is no substitute for professional legal advice. Please consult an attorney for advice related to your specific situation.

Rev 9/2024

The other articles referred to in this article can be found at www.tiapoliti.com.

By: Tia Politi, ORHA President
August 2024

Wow!
A huge THANK YOU to the Salem Rental Housing Association (SRHA), the Southern Oregon Rental Owners Association (SOROA), and Diversified Property Management for their amazing generosity to the ORH KEY PAC. Each of the associations donated $5000, as did the Conser family, owners of Diversified where Legislative Director and Education Chair Jason Miller serves as General Manager.

Now for the rest of you…even if you can’t match it, remember that the work we do through the ORH KEY PAC opens the door to our message that landlords are not the problem, but partners in the solution to Oregon’s housing crisis. Please ask your boards whether there is room in your budget for a donation. Time is running short; the committee plans to distribute the final round of campaign contributions in late August/early September. Thanks for whatever you can contribute. 

July meeting recap
We had an adventurous time at our July meeting in Silverton. For those of us who chose to hike Silver Falls on Thursday we got a mixed bag. First, I fell after about the first half-mile, but thankfully was not seriously injured – the trails were rockier and less smooth than I remembered. Then Veda Bell of TVRA decided her knees couldn’t take a longer hike and she detoured to a shorter loop. We saw several gorgeous waterfalls, of course, but my idea of hiking the entire 7+ mile loop was kyboshed after we went halfway! We were tired by then and called Veda to see where she was at.

Turns out our lady with the bad knees got sidetracked on a loop (the signage at the park is less than ideal), ended up on the road and was still walking when we called her. She ended up back at the parking area and came and rescued the rest of us at the halfway point! Anyway, we got to see a lot of beauty and had some great conversations about the future of ORHA along the way. Even when we go out and do things, the topic always comes back to ORHA – funny how that works.

On Friday after committee meetings, we were still tired from the hike the day before so just took the tram through Oregon Gardens. We were lucky to get a knowledgeable driver whose interpretive talks taught us all more about the different facets of Oregon Gardens including the reuse of waste water to form wetlands on the property, as well as their research gardens and composting workshops.

At the Saturday board meeting we approved the revisions to the bylaws that the Executive Committee (EC) had worked on under the leadership of Vice President and Technology Chair, Cloud Miller. This was our second round of changes over three years, so we’re glad it’s done, and we can move on to other things. The revised bylaws will be sent out to the association offices soon from the ORHA Executive Committee email.

To ensure that meetings run on time, and to prevent the meeting agenda from becoming overloaded, the EC presented the new ORHA Meeting Attendance Policy. This policy is not intended to silence anyone or prevent any member of any association from contributing to the ideas or issues facing our organization. Input may be directed to the Executive Committee, a specific committee chair, or through your local association delegate. We hope you will consider taking your turn at leadership and participate meaningfully in the success of the Oregon Rental Housing Association. Share your ideas, contribute your time using your strengths. This policy was sent out to the association offices on 07/31/2024 from the ORHA Executive Committee email.

The EC has worked on a new Advertising Policy as the office has continued to receive complaints about the number of ads they get and how the offering of free classes is impacting on their class attendance. What was cool about it was that we didn’t have the policy fully formulated so the board worked together to finalize it and had a great time. We may do that more in the future when we’re looking at changes. This policy was sent out to the association offices on 07/31/2024 from the ORHA Executive Committee email.

Unfortunately, that didn’t give us enough time to really dive into another policy proposal from Technology Chair Cloud Miller, which was to include everything that ORHA does in Profit Sharing, including our sales of paper forms. The motion did pass, but there was some resistance, and the vote was closer than I would have liked: seven yes, to four no. For the ‘no’ folks who got outvoted, I reassured them that if it doesn’t work out, we can always vote to change it back. This policy will be sent out to the association offices soon from the ORHA Executive Committee email.

And this last year printed forms did make a small profit which would have increased the profit-sharing checks that are due out at the end of August. Sometimes, printed forms sales are in the negative but as Cloud successfully argued, we should all have skin in the game for better or worse, and with the astronomical growth of the Forms Store, even in low-profit years it should have little impact. The new system for calculating profit sharing will be added and implemented starting with the 2024-2025 annual calculations.

Both policies will be updated in our ORHA Policies document and sent out to the association offices soon from the ORHA Executive Committee email.

September meeting in Bend
Looking forward to our September meeting in Bend. It’s always one of the best. This year, everything will be happening at McMenamin’s, including the hosted Leadership Dinner on Friday night (with a no-host bar) after committee meetings, the Saturday board meeting and Sunday morning training. Check out the ORHA Office Report from Ben Seamans for details and remember to get your room reserved and RSVP before 08/06/2024.

See you in September for work and fun!

By: Tia Politi
August 2024

The foundation of any tenancy is the rental agreement and addenda. Check out my website (www.tiapoliti.com) and read my article Free is Dumb for a rundown of why you shouldn’t use forms from Apartments.com, Furnished Finders, Zillow, office supply stores, or something free you find on the internet. So, if you’re using forms from the Oregon Rental Housing Association, what move-in forms are essential, and which are optional?

RENTAL AGREEMENTS
The first choice you need to make is whether to rent your property on a fixed-term lease, a month-to-month basis, or week-to-week. read my article Fixed-Term, Month-to-Month, or Week-to-Week: What’s right for you? This article will give you a rundown of the benefits and drawbacks of each choice.

• Month-to-Month Rental Agreement – ORHA form #M1
• Fixed-Term Lease Agreement – ORHA form #M2
• Week-to-Week Rental Agreement – ORHA form #M3

ESSENTIAL ADDENDA
Once you’ve selected the terms of the tenancy you’ll need to include specific addenda for any tenancy:

• Lead-Based Paint Disclosure – ORHA form #M5 (for rental units built prior to 1978)
• • If you purchase this form online, you will need to send the tenants the link to the EPA’s pamphlet “Protect your Family from Lead in the Home.”
• Annual Recycling Notice – ORHA form #MO5
• • If your property contains five or more residential dwelling units on a single premises or five or more manufactured dwellings in a single facility, this notice is required at the beginning of the tenancy and annually thereafter.
• Smoke and Carbon Monoxide Alarm Agreement – ORHA form #M6
• • Remember that smoke alarms are required to be installed per code at the time the property was built and must have a hush feature and a 10-year lithium battery. Regardless of code, best practices are that there be one smoke alarm in each bedroom and one in each major living area.
  • CO alarms are required if there is a carbon monoxide source in the home (gas, propane, oil heat or appliances, wood stove, pellet stove or fireplace, or an attached garage). Landlords must provide at least one alarm per floor adjacent to all sleeping places in the unit. I recommend against plug-in types as tenants may just unplug them to gain access to more outlets.
• Smoke/Vape Free Agreement – ORHA form #M7
• • ORS 90.220 mandates that landlords provide a smoking policy that conforms to ORS 479.305, “Smoking Policy Disclosure - Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed. (2) This section does not apply to a rental agreement 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) for space in a facility as defined in ORS 90.100 (Definitions). [2009 c.127 §2]”
• Mold Prevention Agreement – ORHA form #M8
• • This agreement outlines a tenant’s responsibility to keep moisture and mold at bay.
• Rules & Regulations – ORHA form #M9
• • This form contains additional rules and regulations not covered by the rental agreement and provides space for you to include your own specific rules.
• Emergency Information – ORHA form #M10
• • Where is the water shut-off? The breaker panel? That’s an important thing for renters to know. This form also has space to fill in phone numbers for emergency services and can be posted on the inside of a kitchen cabinet, so the information is easily accessible.
• Exterior Property Care Agreement – ORHA form #M11
• • This form covers a lot more than just landscaping so don’t miss it even if you provide landscaping services to the property.
• Pest Agreement – ORHA form #M12
• • This form clarifies several important things. Residents must report any pest activity and it provides specific tips on preventing pest infestations. It also clarifies that tenants may be charged if their behavior caused or contributed to an infestation and that they must cooperate with any pest control treatments.
• Weatherization Agreement – ORHA form #M13
• • Winters can be harsh all over Oregon, not just in the east. This form directs residents to take specific precautions when temperatures dip below 26 degrees.
• Cable, Satellite Dish, Security System Agreement – ORHA form #M15
• • If you don’t want tenants to be allowing providers to attach satellite dishes to your roof, or drill through your siding to install cable or security systems, this form is essential.
• Fireplace, Pellet Stove, Wood Stove Agreement – ORHA form #M16
• • If your property has a fireplace, pellet stove, or woodstove, this form is essential for clarifying several things like how the systems work, how residents may store wood or pellets and what may or may not be burned in the appliance. It requires the landlord to have the system professionally inspected prior to tenancy, verifying that the unit has been cleaned and certified as safe to use and requires the same of the tenant annually and on move out.
• Septic Agreement – ORHA form #M17
• • With units that process waste through a septic system, this form educates residents on what can and cannot be flushed or sent down waste pipes, what is harmful to the system, and when to notify the landlord if there’s an issue.
• Well Agreement – ORHA form #M18
• • Rental units whose water is supplied from a well should use this form to educate residents on how a well works, and clarify their responsibilities to weatherize during cold weather and notify the landlord immediately upon a significant loss of water pressure or if they notice an odd odor or color. It requires the landlord to report the date of the last well water test as well as what contaminants the test covered.
• Unit Condition Report – ORHA form #MT1
• • Documenting condition of the rental property is essential. In addition to photos and videos, a written report is required by law in Eugene and Portland and is strongly recommended even when not required. Without proper documentation of the condition of the property on moving in, how will you prove that the tenant is responsible for damage?
  • For rental properties within the city limits of Eugene, the Eugene Rental Housing Code requires landlords to provide to the tenant at or before the time of move in with photographic documentation of the condition of the rental unit but also sign a condition report acknowledging receipt of the report and photographic documentation. Visit https://www.eugene-or.gov/845/Rental-Housing-Program for more information.
  • For all Section 8 or VASH tenancies, tenants must also sign the condition report on move in if you want to claim against the Landlord Choice Mitigation Fund https://www.oregon.gov/ohcs/housing-assistance/pages/program-housing-choice-landlord-rent-guarantee.aspx.
• Portland Unit Inventory Addendum – ORHA form #MT1PD
• • In Portland, the landlord must list all fixtures, appliances, equipment or personal property that they want to be covered by the resident’s security deposit. If it isn’t listed, you can’t charge so be thorough. The form is required to be updated throughout the tenancy to reflect all repairs and replacements impacting the dwelling unit during the term of the tenancy. Visit https://www.portland.gov/phb/rental-services for more information.
• Deposit Refund Checklist – ORHA form #MT2
• • Some landlords use this form at the beginning and end of tenancy, some only at the end as a reminder of the tenant’s responsibilities.

OPTIONAL ADDENDA

• Pet Agreement – ORHA form #MO1
• • If your resident will be keeping a pet on the premises, use this form to document the type of animal, as well as its vaccination records, licensing, and spay/neuter information. The form also requires the tenant to provide a Responsible Party Certification naming a person outside their household who agrees to take responsibility for the animal if the tenant is unable to do so. Use a separate agreement for each pet in the household.
• Reasonable Accommodation Request and Verification – ORHA form #MO2
• • Use this form if your disabled resident is requesting a Reasonable Accommodation or Modification that would allow them to enjoy the rental unit the way a non-disabled person could. Reasonable Accommodation requests range from an assistance animal or live-in caregiver to modifications to the dwelling unit, and even requests to overlook poor history related to prior alcohol or drug addiction, domestic violence, or untreated mental illness. If the existence of a disability and its connection to the requested Accommodation are apparent, you may not require any written verification.
• Assistance Animal Agreement – ORHA form #MO3
• • If you have approved an assistance animal for a disabled applicant or resident, use this form to document the type of animal, as well as its vaccination records, licensing, and spay/neuter information. The form also requires the tenant to provide a Responsible Party Certification naming a person outside their household who agrees to take responsibility for the animal if the tenant is unable to do so. Use a separate agreement for each assistance animal in the household.
• Air Conditioner Notification – ORHA form #MO4
• • Window-mounted AC units can damage window frames and siding or pose a safety hazard. This form clarifies that landlords may not prohibit the use of portable cooling devices in the home but instructs residents on what types of devices they may or may not use as well as other important restrictions.
• Co-Signer Agreement – ORHA form #M4
• • When renting to a riskier applicant, a qualified co-signer can be a hedge against the increased risk. Make sure to use our Co-Signer Application – ORHA form #S2 instead of a regular application as you’ll only be checking for garnish-able income sources and credit.
• Parking Agreement – ORHA form #M14
• • While our rental agreements provide some limitations on parking, if you have a rental requiring more clearly defined rules for multi-unit complexes this form is for you.
• Addendum – ORHA form #M19
• • This is a blank form that allows you to add specific rules, regulations or requirements to the tenancy. If you’re not violating the tenant’s rights, you may create and enforce additional rules. For example, I have rental properties in the country so I have rules that residents may not shoot, hunt, burn trash, or ride ATV’s or dirt bikes on the property.
• Marijuana Agreement – ORHA form #M20
• • For landlords who are willing to allow marijuana growth, possession or use on their premises, use this form to clarify what activities are and are not allowed. There is strong language in the form warning landlords about the potential risks.
• Medical Marijuana Agreement – ORHA form #M21
• • If your tenant holds a medical marijuana card and you are willing to allow the property to be used for the cultivation, possession or use of medical marijuana, use this form. There is strong language in the form warning landlords about the potential risks.

Using proper forms and ALL the proper forms is essential to your ability to manage the premises. The interpretation of a contract favors the party who did not draw up the agreement, so make sure you aren’t setting yourself up for disaster by starting out on the right foot from the beginning. If you don’t prohibit specific behaviors or require specific actions with an Addendum and it isn’t prohibited by law the tenant can do it.

Think you don’t need all this goobledygook? Failure to include certain forms can also subject you to penalties. Don’t think a Lead-Based Paint Disclosure is necessary? If the tenant turns you in to the EPA, the base fine is $6,000.00. Fail to disclose your smoking policy? Tenants can smoke wherever they want. Don’t want to get specific about yard care? Be prepared to suck it up when the tenants leave the landscaping a mess. Don’t want to take the time to document condition? Get ready to lose in small claims court, or in Eugene and Portland, get ready to be unable to charge for any damage at all.

This column offers general suggestions only and is no substitute for professional legal counsel. Please consult an attorney for advice related to your specific situation.

Rev 7/2024

By: Tia Politi, ORHA President
July 2024

July Board Meeting
Hope to see you all at our July Board Meeting at the Oregon Gardens Resort in Silverton for our July Board Meeting – Meeting details were emailed from the ORHA Office on 06/01/2024 and the board packet will be emailed to all delegates the week of the meeting.

Some of us are arriving early on Thursday to explore Silverton, we would love for you to join us – Details were emailed from the ORHA Office on behalf of the ORHA President on 07/08/2024.

On Friday, after the committee meetings, we will be exploring the Oregon Gardens – Please feel free to join us, details were emailed from the ORHA Office on behalf of the ORHA President on 07/08/2024.

Friday night we’ll be meeting for our no-host Delegates Dinner – Please feel free to join us, details were emailed from the ORHA Office on behalf of the ORHA President on 07/08/2024.

Raise Right (not sponsored)!
In May when we visited Hermiston, property manager Randy Randall shared a very interesting online platform that can help you raise money for causes you care about just for buying what you’re already buying. Check out the guide here (not sponsored).

Randy uses his proceeds to support a local private Christian school, but you can direct yours to whatever cause is near and dear to your heart – music programs, Scouts, sports teams – check it out. It certainly beats bake sales and car washes!

Rent drop box theft
Another thing Randy shared with us was how thieves managed to steal checks from his company’s drop slot using a long flexible wand with sticky fly strip attached to the end. The thieves made off with many thousands of dollars in rent checks – some of which they were able to cash. Good thing Randy has a camera there, the thief was arrested, and charges are pending!

Cyber insurance
A property manager in my area was the victim of hacking and in addition to spending more than $20k to fix the problem, it resulted in a stressful, time-consuming hassle. She learned about Cyber Insurance, and I think every business owner, landlord or property manager ought to get some. Check with your insurance agent.

Always tough to stay ahead of criminals but being properly insured will make a huge difference!

By: Tia Politi
July 2024

Part of the job of property management includes obtaining rental references from an applicant’s current and former landlords and providing rental references on past renters to other landlords. Many folks are hesitant to provide poor references for their past renters for fear of a lawsuit even when there were provable problems.

My policy for rental references

• Be honest
• Only answer the questions you are asked – don’t volunteer information
• Only report bad behavior that you could prove in a court of law
• Don’t share your feelings, opinions, or rumors
• Require a signed release before providing any information

For me, good rental history will overcome deficiencies in other areas; poor rental history will not overcome anything at all. It is important to consider the source of the information though. I once had an applicant tell us that she was sure to get a bad reference from her current landlord, and claimed the landlord was mentally unstable and exceedingly difficult to work with. We called for a reference and confirmed that indeed, this landlord was out there! We had two other prior references that came back great so chose to disregard the current reference. There are wacky landlords.

Is the reference legitimate?
Do not assume that you have received the correct info for landlord references. Unless the reference is coming from a property manager or apartment complex, take time to look up ownership online to ensure you are not being set up - it is public record. Some county websites are easier to use than others so instead you could call the county records department in question for the information.

Are you required to provide a reference?
I do not think so, but to me that is unfair to former renters with great history and does a disservice to other landlords who may take a chance on your terrible tenant. Many companies are refusing to provide full rental references and will only verify dates of residency and rent amount or will refuse to provide references for tenants unless they have already submitted their notice to vacate. I am sympathetic to tenants in this situation. What if they give notice and then cannot obtain new housing? They can be forced out, so I will always give a reference to the best of my ability for any tenant whether they have provided notice to vacate.

If your property is subject to the Eugene Rental Housing Code or the rules of the Portland Housing Bureau, you must provide a rental reference for an existing tenant up to twice per year regardless of whether they have submitted a notice to vacate. What’s ridiculous about both cities’ requirements is that their definition of rental reference is two years of payment history. There is a lot more to a reference than that.

What about limited references?
One time I received a reference request for a tenant whose sons had done substantial damage to a rental property. After they moved out, we billed her for the damage and her attorney responded. Our owner retained her own counsel to negotiate a resolution, but during that time I got two reference requests. My answer was to verify the rent amount and dates of residency and let the requester know that because the account was subject to pending litigation I was unable to provide any other information. I think the requesting landlords got the message.

Toward the end of my career in private property management I could not seem to get a reference from anyone in California that would confirm anything but dates of tenancy and rent amount. If a landlord will not provide any information about a past renter beyond that, I can tell at least something about the quality of the tenancy by two documents: the tenant ledger and the security deposit accounting. That information could help someone at least partially document their history, so have the tenant provide those documents and it could help them move forward.

How do you provide a reference for a tenant who scares you?
This is a legitimate concern, and many landlords give false-good references to other landlords to get rid of a problem tenant, but that creates a problem for someone else. You can always ask them to keep your reference confidential. Twice, I have gotten scary-bad references from landlords who swore me to secrecy because they were afraid of the tenant and the potential for violence or other retribution. In both cases, the tenants met our other criteria perfectly, which was problematic because I had no other basis for denial of their applications.

In the first instance, the co-applicant did not meet criteria, which allowed me to deny the bad apple as well for the fact that their co-applicant did not qualify.

In the second instance the scary reference was all I had, and the applicant belonged to two protected classes (in this case, a single father of Hispanic descent). I was in a real pickle. The landlord told me that he had a temper problem and had significantly damaged her home, but she was too scared of him to try to evict. She reported that he and his ex-partner had a volatile relationship with aspects of domestic violence and the partner cycling in and out of the rental property. Neighbors complained multiple times to the landlord but were afraid to call the police or testify after the fact due to his threats and explosive temper, so there were no police reports. He had no criminal history, a good job, and good credit. I even did a drive by to see if I could spot any issues with his care of the property, but it looked fine.

I felt obligated to protect the confidentiality of the person giving me the reference, so I denied him under the checkbox, “Negative or insufficient reports from references or other sources.” He unleashed a vulgar tirade at me by email but did not ask me to reconsider. I wrote up a description of the series of events and put it in the file along with the nasty email. If he had filed a complaint with Fair Housing for discrimination based on his race, national origin, or familial status, I could have privately disclosed the actual reason to an investigator and shown them my notes while protecting the confidentiality of the landlord.

I tell you this story to encourage you to tell the truth to other rental owners, even if you must ask for confidentiality, and to encourage you to maintain others’ confidentiality when it is requested.

If I deny for poor rental history, do I have to disclose who provided the reference?
I am not aware of any legal requirement to provide significant detail regarding who provided the reference or specifics of what the negative information was, and I certainly do not want to get dragged into a conflict or lawsuit between the applicant and their former landlord. In my experience, most denied applicants do not ask as they are well aware of their past misbehavior and were perhaps hoping you wouldn’t actually check. 

Reporting difficult behaviors related to disability
Sometimes I have had to provide references for residents who paid on time, reported maintenance, and did not damage the property but had difficult personalities. Providing references for people like that is exponentially more challenging when the tenant’s behavioral issues are related to a disability.

Fair housing law mandates a policy of non-discrimination against members of protected classes in the sale or leasing of real estate. Federally, this includes race, color, national origin, religion, gender, familial status, and disability; statewide, it includes marital status, source of income, sexual orientation, and gender identity. Some cities have their own additional protected classes. Eugene, for example, includes protections for age, type of occupation, ethnicity, and domestic partnership. Victims of domestic violence and active-duty military also have housing protections under the law so you must proceed carefully to ensure you are not violating Fair Housing law.

I once had a tenant who years before had been hit by a car while riding her bicycle, lost her three-year-old son and suffered a traumatic brain injury from the accident – an incredibly sad story. She lived in a downstairs apartment and was an excellent tenant in every way, paid her rent, was very clean, reported maintenance issues, but she filed noise complaints about every single one of four different tenants who lived above her. No one could be quiet enough. On occasion, she would vent her unreasonable anger toward her neighbors, yelling and cursing at them, which I put a stop to. If I could have found a separate unit for her everything would have been fine, and she eventually moved out when she found an upstairs apartment with another company. When I gave references for her, I had to be careful to consider her brain injury which made it difficult for her to control her anger.

For tenants without a documented disability who are just unreasonable or difficult to work with, remember, “nasty jerk” is not a protected class. In precarious situations if you are not sure what to say, instead of saying you would not rent to someone again who displayed troubling behaviors you might instead say, “if requalified.” You are not saying yes or no, but you may get asked for more details. Whether you choose to elaborate is up to you.

What kinds of questions should you ask?
With my policy of only answering the questions I am asked, I have had landlords just fail to ask the right questions. In one case we rented a campus house to a group of students. They had loud parties with dozens of people spilling into the street, police were called and issued citations for minor in possession, open container, public urination – all the fun stuff kids do in college. It took a for-cause notice to shut them down, and at the end of the school year they moved out.

Afterwards, I got a request for a reference for one of them, but the prospective landlord only asked me three questions: 1) Did they pay rent on time? Yes. 2) Did they damage the property? No. 3) Did they leave owing any money? No. They never asked if there were complaints or violations, if they were served notice for misbehavior, or if we would re-rent. I do not volunteer information, and neither should you.

If you are looking for a good list of questions, for free, you can access ORHA’s Landlord Questionnaire at the forms store. It has a good list of questions including:

• Were applicants on the rental agreement?
• How much was their rent?
• Was rent always paid on time? If no, how many late pays? Were there late payments during the COVID-19 Protected Period - April 1, 2020 – February 28, 2022? (Remember, landlords may not consider late payments or unpaid rent or fees owing from the Protected Period until January 2, 2028, so you want to make sure that you separate out payment issues during that timeframe from nonpayment issues outside that timeframe; however, you may consider unpaid money owed for damage to the premises. SB 291)
• Were any payments declined for non-sufficient funds? If yes, how many?
• Did the resident care for the property inside and out? If no, please explain.
• Did the applicant report maintenance issues when they arose?
• Did they ever deny reasonable entry to the property?
• Were there any verified complaints about the applicant(s)? If so, how many? Reasons:
• Did applicant(s) receive any notices for violations of the rental agreement? If yes, how many? Reasons:
• Was the applicant(s) easy to work with? Were they cooperative?
• Were there any unauthorized occupants or animals on the property? If yes, please explain.
• Did the applicant(s) have authorized animals? Were there any damages from the animals, or repairs needed or performed because of the animals?
• Date of the most recent inspection of the property: 
• Was there any damage done to the property? If yes, please list:     How much did the damages cost?
• Any rent, fees, or damages still owing? If yes, please list amount:
• Was the security deposit refunded? If no, please list why:
• Are the applicant(s) in a documented payment arrangement? Are the payments current?
• Did you file an eviction against the applicant(s)? If yes, what was the reason for the action? Was an eviction judgment awarded against the applicant(s) during the COVID-19 Protected Period - April 1, 2020 – February 28, 2022? (Remember, you may not consider eviction judgments rendered during this timeframe; although the reason may be relevant if it was for bad behavior or unpaid charges for damages to the rental unit. SB 291)
• Did the applicant give proper notice to vacate if required? If no, please explain:
• Did the landlord initiate the termination of tenancy? If yes, what was the basis?
• Would you re-rent to the applicant(s) again?
• Are you related to the applicant(s) in any way? If yes, what is your relationship?
• Is there anything I should know about that I have not asked you? If so, please list: 

The dead landlord scenario
There can be reasons that some part of an applicant’s history is unavailable such as the death of the landlord. Be sure to check on that, though. I did once have an applicant tell me his landlord was dead, only to find out that he was very much alive and was owed more than $5000 by the tenant for the damage done to the home. The internet is helpful in discovering whether someone is still with us.

What if you cannot get a reference?
Every day a property sits empty, is a day with no rent. It is reasonable to work on an application for a couple of days, and let the applicant know if one or more of their references is not responding, but at some point, you need to move on. Just make sure you can document your efforts to reach the person in case the applicant thinks you just went through the motions to deny them for another reason.

Most landlords who have good things to say will respond timely, but if you cannot get a reference, or only a limited reference, you can deny the application for an inability to verify the information provided by the applicant. If the landlord isn’t responding to your outreach, it is usually because they have nothing good to say.

Should you give a reference before the tenants leave?
Generally, no. Current tenants who are leaving may try to pressure you to write them some sort of reference before they vacate. That is a bad idea, especially if you have not inspected it in a while. The quality of a reference will be impacted by how things go in the end, so wait until they are out before you decide. Once, a former resident of a sorority I managed called asking if I would write a letter of reference to help her to obtain a new rental.

I reviewed her group’s history and there had been multiple issues with the tenancy including loud parties, failure to pick up trash, climbing on the roof, etc., but they did not owe any money and had not damaged the house. I told her that I would have to tell the truth if she released me to do so, but that I would only answer the questions I was asked and would not volunteer any information. I suggested that she should just show them her tenant ledger, which I emailed to her. She then emailed me a letter she wanted me to sign that stated she was an exemplary tenant. I told her that I would not feel comfortable signing a statement like that and she got the message.

The takeaway
For all the negative history examples I cite in this article, I have documentation. I have dates, times, and reports; I have notes; I have ledgers; I have inspection reports; I have copies of rental agreements, notices, and letters. The time to worry about being sued for libel or discrimination regarding your rental references is when you cannot back up negative information you are providing to other people, when you go beyond relating the history of them as a tenant, or you make discriminatory statements. So, again I urge you to be honest, only answer the questions you are asked – don’t volunteer information, only report bad behavior that you could prove in a court of law, don’t share your feelings, opinions, or rumors, and require a signed release before providing any information

Any rental reference you provide could be used as evidence against you in a court of law, so remember what Sergeant Joe Friday used to say in the old-time sitcom Dragnet, “Just the facts, ma’am.” Good advice, Joe.

This column offers general suggestions only and is no substitute for professional legal counsel. Please consult an attorney for advice related to your specific situation.

Rev 5/2024

By: Tia Politi, ORHA President
June 2024

Hermiston Palooza
We had a fantastic time in Hermiston putting on our annual Property Management Palooza for our members in Eastern Oregon. Planning meetings started late this year due to the ice storm in the Willamette Valley, but we’d done it twice before, so it all worked out despite the delay. Four of our associations participated and reaped a nice reward (almost $1,000 each) to assist in their stability and growth. The Palooza not only boosted their finances but helped in raising awareness about the benefits of belonging to a chapter of the Oregon Rental Housing Association. Thanks to all who donated their time! We received a very warm welcome from our in-person attendees and the Executive Committee is committed to returning to the east every year.

Instructors Jason Miller, ORHA Education Chair, ORHA Legislative Director, and ORHA Past-President, Christian Bryant, President of the Portland Area ROA, Violet Wilson, ORHA Executive Committee Advisor, and myself donated our time to teach. ORHA’s Independent Contractor, Ben Seamans, and Education Vice Chair, Rain Maryott of Lane ROA coordinated our online attendees to allow participation from around the state.

Leigh Ann Prummer, and Joel and Leslie Hasse of ROANEO helped with planning, coordinated snacks, brought some great door prizes for in-person attendees, and helped wherever they could. ORHA Vice President and Technology Chair, Cloud Miller and Treasure Valley Rental Association Treasurer, Veda Bell handled sign-ins from in-person attendees as well as tracking licensee’s continuing education credits.

Mid-Columbia ROA Secretary/Treasurer, Tanya Dean, and ORHA Secretary, Chuck DeSeranno of Salem RHA, helped with planning and pitched in wherever they were needed on the day of the event. Umatilla RHA members Bruce Hendricks and Robert Fale attended bringing forms to sell to attendees, and Joe Bachmeier also with Umatilla RHA set up our Delegate Dinner on Friday night at the Hermiston Brewery. With twenty-two of us attending it made for a lively group - all talking about property management.

When I invited my husband to attend a meeting years ago, he asked, “Don’t you guys ever get tired of talking about this stuff?” Nope! In fact, during our conversations at the Bistro Bar over the weekend, we started planning for more seminars around the state, discussed ways to meet in Eastern Oregon once a year and continue to travel to more far-flung areas to provide education and opportunities for involvement.

Thank you so much to Randy Randall of Preferred Property Management, Inc. in Hermiston, who treated the in-person attendees to a fantastic dinner and invited us to his “Redneck Boathouse” at the private Walla Walla Yacht Club on Saturday after the board meeting. Fourteen of us got treated to a boat ride on the Columbia River with BBQ afterwards. It was an unexpected invitation from a generous guy – a great time was had by all. I think he wants us to come back!

We have moved our annual calendar scheduling to July from September and will be announcing our 2025 meeting and Palooza schedule near the end of this year. A lot goes into planning these meetings and the bigger head start, the better.

Education Committee Change in Leadership
Thank you to Education Chair, Violet Wilson, for her longtime service to ORHA. She’s not going anywhere, and will continue to teach and advise the committee, but felt she could no longer serve as chair. Violet’s longtime service to the Oregon Rental Housing Association, her local chapter, the Salem Rental Housing Association, and other associations around the state is much appreciated. She continues to serve as an Advisor to the Executive Committee, other committees, and teaches classes to landlords around the State of Oregon.

With a new opening for a change in leadership, Legislative Director and ORHA Past President, Jason Miller, is stepping up to fill that role. The committee is looking at ways to incorporate more state-sponsored training and distributing proceeds as profit-sharing to the locals the same way we do with online forms. We’re also looking at offering online videos and eventually, a method for video training to offer CE credits to real estate licensees in Oregon.

July board meeting in Silverton at the Oregon Gardens Resort
One of the best meetings of the year, I hope delegates from every chapter will join us for our ORHA Board Meeting in Silverton the weekend of July 20^th – details were emailed to all delegates on June 1^st from the ORHA Office and RSVPs are due no later than June 18^th. We’ll certainly find some fun things to do. We’ll tour the beautiful gardens after committee meetings on Friday and enjoy the outdoor pool and hot tub, but a few of us are arriving early to hike the magnificent Silver Falls State Park boasting an eight-mile loop that takes you through the only temperate rain forest in Oregon past glorious waterfalls - some you can walk behind to feel the incredible power of the falling water. There are shorter loops, but the hike is relatively easy if you take your time. If you want to join us for that we will leave from the Oregon Gardens Resort at 10 a.m. on Thursday, July 18th. Contact me if you want to join us or just show up on Thursday at 10 ready to hike!

We love meeting at this beautiful, charming venue. The hotel restaurant is fantastic, and they serve the best hotel breakfast ever. The rooms all have a private outdoor deck or patio, and the beds are super comfy. Please join us for more work and fun, and remember, if you are a delegate from an association in the mentoring program (with less than 100 members), ORHA will reimburse your travel (mileage) and lodging expenses. We want you there!

Thanks to all of you who work to make ORHA a success. It is a joy and a privilege to be a part of such a talented, enthusiastic and fun group who work to help others throughout the state build financial stability and generational wealth through rental property ownership.