ORHA News

June 21, 2021

In this recording we hear from Jason Miller, Legislative Director for the Oregon Rental Housing Association and Community Alliance of Tenants Executive Director Kim McCarty. Oregon’s eviction moratorium is set to expire at the end of this month, but lawmakers just passed a 60-day extension for tenants who can show proof that they’ve applied for rental assistance. It doesn't matter if that assistance has not yet come through.

source: https://www.opb.org/article/2021/06/17/oregon-eviction-moratorium-end-date-whats-next/

By: Jason Miller, ORHA Legislative Director
March 23, 2021

The flood gates opened this year with a tidal wave of bills targeting the rental industry. After many hearings, work groups and discussions with legislators here is where we sit on the most important bills. Thank you to all those who volunteered to write their legislators and/or testify to the committees. It truly made a difference.

HB 2484 - This bill will require Housing Providers to allow Family Child Care in their properties. This bill is very popular and has bipartisan support. Housing Providers flooded legislators with letters and testimony. As a result, legislators created a workgroup to address Housing Provider concerns. We are expecting to see a draft addendum of negotiated changes addressing some of these concerns in the next few weeks.

HB 2372 - This bill would eliminate a Housing Provider’s ability to terminate a rental contract for no cause. The last public hearing was on March 2nd, 2021. Housing Providers once again flooded legislators with letters and testimony letting their voices be heard. As a result, no new meetings have been scheduled for this bill.

HB 2427 - This bill would mandate a uniform rental application and screening. A Housing Provider must accept this uniform screening from a tenant without the ability to verify the information. ORHA opposes this bill. This bill is scheduled for a work session on March 30th, 2021. Contact your local legislator, we need to prevent this bill from passing. Find who your local legislators are here: https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html

SB 282-3 - The original language of this bill was very one-sided. ORHA, in collaboration with other Housing Provider groups, requested a work group to discuss how we can make the bill more fair for everyone. Chair Jama then formed a small work group of Housing Providers and Tenant advocates. The work group was a positive experience and created a bill that was more fairly balanced. This bill will extend a grace period until Feb 28th 2022 on past due rents from the moratorium periods. It does not extend the moratorium. The language assuming all evictions to tenants with past due balances is retaliation from the Housing Provider has been removed. It allows tenants to have long term guests during this emergency period, but allows Housing Providers to screen them. The original bill did not allow screening. Because of the concessions made, ORHA and the other Housing Provider Groups are taking a neutral stance on this bill.

SB 330 - ORHA is in support of SB 330. This bill creates a safety net in the form of a tax credit for Housing Providers who are unable to receive unpaid rent from the pandemic period through the Landlord Compensation Fund or tenant based assistance. In a recent survey by DHM Research, 73% of Oregonians sampled support tax credits for Housing Providers who have lost rent due to the COVID pandemic. Let’s hope our legislators listen to their constituents. A public hearing and work session is scheduled for March 30th, 2021. Please write to your local legislator to show your support for SB 330. Find who your local legislators are here: https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html

Despite the difficulty of being in the middle of a pandemic and working remotely, our voices have been heard. We may not be 100% happy with pending legislation, but we are in a much better position than when the session started. Thanks to all our members, our lobbyist and legislative team, we are no longer facing a mountain of one-sided bills that would harm the industry. 

March 16, 2021

Listen to Bill Lundun of Newsradio 1120 KPNW - The Wake Up Call interview Tia Politi regarding the state of Oregon's Rental Housing industry.  Tia Politi is a licensed property manager, rental owner, and president of the Rental Owners Association of Lane County. She serves as the secretary for the Oregon Rental Housing Association (ORHA) and ORHA Education, Inc., heads up the ORHA Forms Committee, serves as a volunteer instructor for St. Vincent de Paul’s Second Chance Renter’s Rehab Program, and teaches classes in rental management throughout the state, including a class teaching high school seniors the basics of renting a home. Tia owns and operates Rental Housing Support Services, LLC, providing consultation, landlord-tenant training, mediation, notice prep and service, eviction support, and telephone helpline services.

By: Brooks Hayes, President of Hayes Insurance Group
March 11, 2021

With most Landlord Dwelling insurance policies, childcare or any other business conducted on the property is not allowed. Most carriers will send you either a non renewal letter or if they feel there's a real liability they will send you a cancellation for violation of contract. But even if they didn’t cancel the policy, the simple fact that it’s excluded from your policy affords you no coverage.

If the law (proposed HB 2484) ends up anything like it is in California, you’re in for some real surprises. Not only are you not allowed to evict a tenant that starts a daycare, the tenant only has to notify you its going to happen, with or without your permission. Your only defense is you are allowed to increase the deposit by 2x and sometimes 3x, you are however NOT allowed to evict or raise the rents because of the increased traffic or liabilities, you’re not even allowed to require nor are the tenants mandated to have liability insurance, they can have the parents of the children sign an agreement that they don’t have liability insurance and that the landlords insurance may not cover liabilities. So does that relieve you of any liabilities then? NO I don’t think so! The second there’s an accident they come looking for the deepest pockets. The tenant decided it wasn’t worth the premium to acquire the correct insurance or any, the landlord dwelling policy excludes all business conducted on the property, so that leaves the landlord to defend claims and pay liabilities on their own. With this being said, it would be in a landlords best interest to acquire a commercial childcare business insurance to offset any open liability with an average cost of thousands of dollars per year. What about upgrades? As a landlord are you going to have to bring the property up to childcare regulations? Does the property have any lead based paint? What if a nail works loose and a child is injured? I believe there is a huge amount of risk that could potentially be directed to the landlord. I’m sure the insurance carriers will see an opportunity, they will sit back and assess for a few years and then raise rates on all properties to account for the coverages that will be required, So whether or not you have a daycare or not, will not change the fact you’ll be paying the price for it.

This is my opinion and not legal advise, I advise you to talk with your attorney and insurance agent to see how it will effect the policy you have in place.

References Cal. Health and Safety Code section 1597.40 (2021)

Penalties for mistakes made can be expensive, we recommend you consult an attorney before you take any action against your resident(s).

HB 4401 requires Housing Providers to send the Notice of Eviction Protection and the Tenant Declaration form under certain circumstances. During the new Grace Period, if a Housing provider serves a 72- or 144-hour notice for non-payment (remember these are now 10- or 13-day notices through the end of June) for current rents due, serves any notice for termination for non-payment of rent or other charges, or sends a statement of account indicating that the resident has through March 31, 2021 to pay amounts owing that accrued during the Emergency Period that ended December 31, 2020, these forms MUST be included.

Residents must provide a signed declaration for household or tenancy declaring financial hardship, delivered to the Housing Provider in writing, email, text message or other method reasonably calculated to achieve receipt. If the declaration is provided to the Housing Provider, they are entitled to withhold payment and are not considered in default unless they fail to pay the balance by June 30, 2021.

Housing Providers are not required to send the Notice of Eviction Protection and the Tenant Declaration if they intend to allow their residents the full Grace Period through June 30, 2021.

You can see the final version of the bill here:

House Bill 4401 (Dec 2020)

To read more about the House Bill 4401 (Moratorium 3.0) defined by Brian Cox Attorney, read his news article:

House Bill 4401 ~ Moratorium 3.0 Explained 

Requires Housing Providers to provide impacted Residents with written notice informing them of their right to submit a declaration of financial hardship made under penalty of perjury in a form proscribed in HB 4401.  Sample Form:

Notice of Eviction Protection & Declaration of Financial Hardship

Housing Providers may find updated information on the Oregon Housing and Community Services landlord compensation fund by visiting:

https://www.oregon.gov/ohcs/housingassistance/Pages/Landlord-tenant-resources.aspx

On December 21, 2020, the Oregon legislature in an historic third emergency session, passed legislation extending the moratorium (for tenants that sign a declaration of hardship) to June 30, 2021. Along with the extension, state funds have been set aside for an optional housing provider based rent assistance program with the requirement the housing provider forgive 20% of the past due rents. Landlords are not required to forgive 20% if they do not apply for assistance. House Bill 4401 and formally known as LC-18, is very detailed and ORHA is working on educational materials, new forms, and classes to educate housing providers on the changes. It is projected Housing Providers will not be able to apply for assistance until late January as the infrastructure is not ready. Keep an eye out for future updates from ORHA.

You can see the final version of the bill here:

House Bill 4401 (Dec 2020)

To read more about the House Bill 4401 (Moratorium 3.0) defined by Brian Cox Attorney, read his news article:

House Bill 4401 ~ Moratorium 3.0 Explained 

Requires Housing Providers to provide Residents with written notice informing them of their right to submit a declaration of financial hardship made under penalty of perjury in a form proscribed in HB 4401.  Sample Form:

Notice of Eviction Protection & Declaration of Financial Hardship

Housing Providers may find updated information on the Oregon Housing and Community Services landlord compensation fund by visiting:

https://www.oregon.gov/ohcs/housingassistance/Pages/Landlord-tenant-resources.aspx

By: Brian Cox, Attorney at Law
12/23/20

On December 21st, 2020, the Oregon Legislature met in special session, passing House Bill 4401effective immediately upon Governor Brown’s signature. So, what does this change mean to residential Housing Providers in Oregon? Here’s my ‘take’ on the most current version of today’s ‘Rules’ *

What Does HB 4401 Do?

• Prohibits evictions without cause before July 1, 2021, except (after the first year of occupancy) for circumstances under ORS 90.427 (5) involving the demolition or conversion of the dwelling unit, major repairs or renovations when the dwelling unit is or will be unsafe to occupy, or the occupancy of the dwelling unit by the Housing Provider or the Housing Provider’s family member or someone who purchases the dwelling unit.
• Prohibits Housing Providers from charging late fees for rent accruing between April 1, 2020, and June 30, 2021.
• Extends the emergency period and the end of the grace period and prohibits eviction for nonpayment until June 30, 2021 for Residents providing proof of financial hardship, and for Residents who do not provide proof of financial hardship, extends the emergency period to December 31, 2020 and requires Residents to pay past due rent by March 31, 2021.
• Provides grant payments directly to Housing Providers accepting certain conditions, with multiple application access points and procedures for ease of applying for payments.
• Requires Housing Providers to provide Residents with written notice informing them of their right to submit a declaration of financial hardship made under penalty of perjury in a form proscribed in HB 4401.
• Changes the Timelines for Non-Payment Termination Notices.

How Long is the Moratorium Extended?

• “No-cause” evictions and late fees are prohibited until after June 30, 2021.
• If the “first year of occupancy” ends between April 1, 2020 and August 31, 2021, the “first year of occupancy” is extended for the purposes of a termination notice without cause to mean a period lasting until August 31, 2021.
• “Landlord-cause” evictions pursuant to ORS 90.427(5)(a) – (d) (change of use, substantial repairs/renovations, housing provider or immediate family member moving into home, buyer or buyer’s immediate family moving into home) are allowed after the first year of occupancy.
• The emergency period and the end of the grace period is extended to June 30, 2021 for Residents providing a declaration of financial hardship, and requires Residents who provide their declaration of hardship to pay all past due rent by July 1, 2021.
• The Resident’s declaration describes their financial hardship experienced because of one or more of the following conditions on or after March 16, 2020:

• For Residents who do not provide a declaration of hardship, the emergency period is extended to December 31, 2020 and requires Residents to pay all past due rent accruing between April 1, 2020 – December 31, 2020 by March 31, 2021.

How Do I Receive Grant Payments?

• Housing Providers provide Residents with a written notice informing them of their right to submit a declaration of financial hardship signed under penalty of perjury.

• Residents must provide a signed declaration for every household or tenancy declaring financial hardship, delivered to the Housing Provider in writing, email, text message or other method reasonably calculated to achieve receipt.

• Housing Providers complete an online application detailing all unpaid rents from qualified Residents and the Housing Provider’s agreement to forgive 20 percent of outstanding unpaid rent.
• Housing Providers can apply more than once, if new arrearages arise after an initial application.

What Conditions Must Housing Providers Accept to Receive Payments?

To qualify, Housing Providers must:

A. Submit a single application for all of the Residents who have not paid rent and who have delivered a declaration to the Housing Provider stating that they have experienced certain financial hardships;
B. Include copies of all Resident declarations;
C. Provide a description of the unpaid rents not collected since April 1, 2020;
D. Agree to forgive 20% of the unpaid rents not collected since April 1, 2020 through the m date of application for payment;
E. Agree to repay the Department any rent that a qualified Resident or someone on the Resident’s behalf later pays;
F. Not include unpaid rents owed by immediate family members of the Housing Provider; and,
G. Agree not to issue no-cause or non-payment termination notices to the Residents while the application is pending.

Rent Reduction - By agreeing to receive grant funds, Housing Providers agree to accept 80% of unpaid rent accruing between April 1, 2020 and the date of application for payment (ending June 30, 2021).

• $150,000,000 of state general funds are authorized for distribution and administrative support. OHCS will prioritize payments to Housing Providers with fewer units or a higher percentage of unpaid rents and set qualifications, priorities, restrictions, and limits for distributing funds to Housing Providers. OHCS will provide Residents with notice of rent payments and forgiveness on their behalf. The grant payments will be delivered to Housing Providers by local housing authorities.
• $50,000,000 are also authorized for Residents to apply for grant payments to their Housing Providers. OHCS will also distribute rent assistance to recipients of federal Coronavirus Aid, Relief, and Economic Security (CARES) Act Emergency Solutions Grants, which includes community action agencies and culturally specific providers, who will make payments directly to Housing Providers upon Residents’ applications.
• The rent assistance program is designed to also distribute any federal funding for rent assistance in the still-being-negotiated-between-Congress-and-President stimulus package.

• A Housing Provider may deliver a written notice to a Resident before the end of the grace period stating that the Resident continues to owe any rent due. 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 to be filed until after June 30, 2021.
• 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 Resident contact the Housing Provider to discuss the voluntary payment plan.
• If the Resident has not already provided a declaration of financial hardship, the Housing Provider must provide a written notice informing them of their right to submit a declaration of financial hardship signed under penalty of perjury as well as a form declaration along with every reminder notice.

How are Termination Notices for Non-Payment Timelines Changed?

• Every termination notice or summons for non-payment of rent delivered before June 30, 2021 must be accompanied by a written notice informing the Residents of their right to submit a declaration of financial hardship signed under penalty of perjury, together with a declaration form;
• The 72-hour notice is now a 10-Day notice ending at 11:59 PM; and,
• The 144-hour notice is now a 13-Day notice ending at 11:59 PM.
• The changed timelines end 6/30/21.

Revise Your Non-Payment Notices Accordingly

Filing Evictions

• A Housing Provider who files a complaint for possession under ORS 105.105 to 105.168 based on a notice for nonpayment under ORS 90.392, 90.394 or 90.630 shall file with the complaint a declaration under penalty of perjury stating that the Housing Provider gave the Resident written notice informing them of their right to submit a declaration of financial hardship signed under penalty of perjury together with a form declaration, and that the Housing Provider is not aware of any declaration signed or delivered by the Resident. A copy of the written notice informing them of their right to submit a declaration of financial hardship signed under penalty of perjury together with a form declaration shall be attached to and served with the Summons. A Housing Provider may not challenge the Resident’s declaration.
• Evictions may continue to occur for violations of the rental agreement, other than nonpayment of rent, as well as for non-payment that occurred prior to April 1, 2020.
• 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 (2); or Revise Your Non-Payment Notices Accordingly
(B) Nonpayment of the rent balance owed under ORS 90.394 after the end of the grace period, notwithstanding ORS 90.417 (4).

• If a tenancy terminates before the end of the grace period, a Housing Provider 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 (7) or (9).

What If I Make A Mistake?

• The Court is required to dismiss an eviction action filed before end of the grace period based solely on nonpayment if the Resident declares financial hardship or if the Housing Provider fails to provide proof they gave the Resident a notice of rights and declaration form.
• The Resident has a defense to an eviction proceeding – but – court costs and attorney fees \\won’t be assessed against the Housing Provider if they did not know, and did not have reasonable cause to know, at the time of commencing the action that the Resident had submitted a completed form; and promptly dismissed the action, upon becoming aware of the completed form.
• The Resident has a private right of action against their Housing Provider for violations of this Act, providing for injunctive relief and statutory damages equal to the greater of three month’s rent or three times actual damages sustained by the Resident.

* This update is not intended as legal advice. There are a number of other technical requirements in HB 4401, and you should certainly consult a knowledgeable attorney before taking any eviction or collection action. Please obtain the advice of a knowledgeable attorney for any policy change or decisions regarding residential and commercial Landlord/Tenant matters, as well as laws that impact your local jurisdictions.

Housing Providers may find updated information on the Oregon Housing and Community Services landlord compensation fund by visiting https://www.oregon.gov/ohcs/housing-assistance/Pages/landlord-compensation-fund.aspx

Click below for

Notice of Eviction Protection & Declaration of Financial Hardship

By: Mark L Busch, Attorney at Law
12/22/20

In its third special session of the year on December 21, 2020, the Oregon Legislature passed House Bill 4401, which will take effect immediately upon the governor’s signature.  The bill allows for partial rent compensation payments made directly to landlords, but it also extends the moratorium on nonpayment and no-cause evictions through June 30, 2021 in most cases (and late fees continue to be waived).

HB 4401 directs the Housing and Community Services Department to compensate residential landlords for 80% of the past-due rent owed by qualified tenants that the landlord has not collected since April 1, 2020.  The Department is required to set up an online application process for landlords to request compensation from a $150 million fund, and the Department is granted discretion to establish priorities, restrictions, and limits on compensation.  Priority is to be given to landlords with fewer rental units, and to landlords with a higher percentage of unpaid rents.

To qualify, landlords must (a) submit a single application for all of the landlord’s tenants who have not paid rent and who have delivered a declaration to the landlord stating that they have experienced certain financial hardships, (b) include copies of the tenant declarations, (c) provide a description of the unpaid rents, (d) agree to forgive the remaining 20% of the unpaid rents, (e) agree to repay to the Department any rent that a qualified tenant later pays, (f) not request unpaid rents owed by an immediate family member, and (g) agree not to issue no-cause or nonpayment termination notices to the tenants while the application is pending.

HB 4401 also extends the “emergency period” for unpaid rent from April 1, 2020 through December 31, 2020, which means that ALL tenants have a “grace period” until at least March 31, 2021 to repay those amounts to the landlord.  However, both the “emergency period” (for not paying rent) and the “grace period” (for repaying rent) are extended through June 30, 2021 if  (1) the tenant submits a financial hardship declaration to the landlord, OR (2) the landlord fails to deliver a statutory declaration form and notice to the tenant explaining the process for submitting the declaration to the landlord.    

To summarize, landlords are not required to discount unpaid rents by 20% unless they apply for compensation from the state and agree to abide by the rules described above.  Tenants who have not paid rent amounts during the period from April 1, 2020 through December 31, 2020 automatically have until March 31, 2021 to repay those amounts to the landlord.  Tenants can have the “emergency period” and “grace period” for unpaid rents extended through June 30, 2021 if they submit a financial hardship declaration to the landlord, or if the landlord fails to deliver a statutory declaration form and notice to the tenant.  There are also a number of other technical requirements in HB 4401, and you should certainly consult a knowledgeable attorney before taking any eviction or collection actions against a tenant.

This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

Housing Provider testimony against LC-18 went very well last night. However, we were overshadowed by the amount of testimony in favor of LC-18. You can see last night's hearing here: 

https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2020121083

I urge all members that have not submitted written testimony to do so now!

You can view a copy of LC-18 here: https://olis.leg.state.or.us/liz/2019I1/Downloads/CommitteeMeetingDocument/227497

In this bill legislators are asking Housing Providers to forgive 20% of rent owed by tenants.

Public hearings are being held on Saturday 12/19/2020 at 10am, you can view the hearings here: https://olis.oregonlegislature.gov/liz/2019I1/Committees/J3SS/Overview

We are requesting all ORHA members and other Housing Providers submit written testimony in opposition to LC-18 before 1pm on Thursday 12/17/2020 to the following email address: j3ss.exhibits@oregonlegislature.gov and sending a copy to your local legislators and a copy to ORHAoffice@gmail.com.

Find your legislator here: https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html

Let Oregon legislators know that housing providers should not be required to forgive any past due rents.

Jason L. Miller

Legislative Director, Oregon Rental Housing Association

By: Jason L. Miller - ORHA Legislative Director
11/30/20

All of Oregon is hurting from the devastation caused by COVID19 and wildfires. People have lost their employment and/or their income has been reduced significantly. Many small businesses have been forced to close. Housing providers are experiencing complete or partial loss of income due to resident’s inability or refusal to pay rent, yet housing providers hit by rent moratoriums have been required to pay for mortgages, expenses, maintenance and property taxes. This has caused some housing providers to sell their properties which reduces the inventory of rental homes available to those who lost their homes in wildfires or were forced to relocate due to COVID-19.

We feel it is necessary to continue efforts to keep residents truly affected by these disasters in their homes through housing provider and resident based assistance programs. We do not support a blanket extension of the rent moratorium for all tenants, that only pushes the debt farther out while past due balances grow. LC-18 has been presented as a solution, however there are some concerns.

Legislation should include a mechanism to prevent fraud and encourage communication between residents and housing providers. It should allow housing providers to evict without delay those who are not in financial need yet refusing to pay rent. It should not allow residents to provide declarations of need at the last minute, but rather by the first court appearance or sooner. We ask for no extension of the 72 or 144 hr notice period when tenants are past due and not in need. It is essential that we provide adequate funding for a landlord based rental assistance program making all housing providers 100% whole on past due rents.

Housing providers provide an essential service to Oregon residents and letting them fail would be a disaster. Legislators need to provide rental assistance to all those in need instead of putting it all on the shoulders of housing providers.

You can find a copy of LC-18 here.

Let your legislators know how you feel about LC-18 and it’s impact on Housing Providers.