ORHA News

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.

Reminder Notices About Non-Payment

• 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.

By: Sage Coleman, ORHA President
10/19/20

Fellow Oregon Landlord Members of the Oregon Rental Housing Association,

This President’s Letter is a Call to Action. It is time that we rally together as a unified group and make our voices heard loud and strong to each and every Legislator in the State of Oregon.

Based upon the outpouring of emails, phone calls and Facebook posts from our membership it has become apparent that there is being created within our membership a new class of disaster victim requiring relief.

We hear you and our Executive Committee is working to create an ongoing plan to reach out to Oregon Lawmakers and insist that they change course to provide relief to Landlords in need as well as to level the landlord/tenant playing field.

I encourage every person reading this to use the buddy system and make sure to inspire AT LEAST TWO other Landlords to engage in this process.

We must be genuine, persistent and consistently clear in our messages to relay the unique personal facts of our experiences as rental housing providers to Oregonians in 2020. 

Please take a few minutes to express specifically how events over the past year are causing you, your family and business harm. Use the links provided below and email your message to your Congressman, Senator, Speaker of the House Kotek, Kate Brown and our office. We will be compiling your messages to share with our Legislative Director and our Lobbyist that they may use them in their discussions with Legislators.

Please use the following format as a guide:

1. Name(s):
2. Location:
3. How many rental units:
4. Short Personal Story: *Show these legislators that you are real working class Oregonians.
5. How have Oregon Legislative Decisions negatively impacted you in 2020?: Be specific. Try to avoid abusive and inflammatory language towards tenants and the Oregon Governor’s office and Oregon Legislature. WE UNDERSTAND that some tenants are taking gross advantage of the circumstances made available to them by the Governor and the Oregon Legislature. However, the politics of the current landscape REQUIRE that we REFRAIN FROM DILUTING OUR MESSAGE OF REAL PAIN by bashing tenants or democrats. Stick to the facts of damage being caused to you and we will have their attention.

On behalf of our General Board and Executive Committee I would like to thank you for being a part of this organization and for taking the time to read this letter. Last but not least we would like to share that, while it is true that emotional ranting will detract from making change with our messages, it is more important to send your message and make your voice heard. It is not our intent to censure you but to represent you well by tuning our voices so that we will be heard as one voice with the greatest impact. Say your piece. We need your participation. This will be an ongoing process requiring You to reach out to your Representatives and Senators through emailing, mailing, phone calling and traveling to Salem to give testimony in person when the time comes. Members of our Executive Committee will follow up this call to action with a personalized call to action each month. Change will not come quickly nor will it be easy.

Take the first step. Do it now.

Thank you for your participation with this critically important project and also for contributing what you can to the Oregon Rental Housing Key Political Action Committee (ORH KEY PAC): https://oregonrentalhousingpac.org/donate

Together we can,
Sage Coleman - President
Oregon Rental Housing Association
orhapres@gmail.com

Adapted From Article By: Emily Reina-Dozier, Oregon Law Center
September 28, 2020

The Governor has issued a new Executive Order, ensuring that Oregon renters are protected from eviction until December 31, 2020. This means that Landlords cannot evict tenants for nonpayment during this time; cannot use most kinds of no-cause notices until the end of the moratorium; cannot charge late fees or other charges based on nonpayment of rent between April 1 and December 31, 2020; cannot report nonpayment of rent or fees to credit agencies; and cannot give notices of termination without cause (unless the landlord has sold the property or intends to move into the property) or file for an eviction based on a termination without cause between April 1 and December 31.

Tenants continue to have a grace period (until March 31, 2021) to pay back rent that came due between April 1, 2020 and September 30, 2020. The grace period does not apply to rent that came due between October 1, 2020, and December 31, 2020. Unless a new law is passed between now and the end of December, that rent will have to be paid all at once in January.

This Executive Order applies everywhere in Oregon.

Until December 31, 2020, no landlord in Oregon is allowed to do any of the following:

• Give a termination notice for nonpayment of rent, fees, utilities, or other charges

• Charge a late fee or penalty for nonpayment
• Give a termination notice without cause (unless the landlord has sold the rental to someone who plans to move in, or the landlord intends to move in to the rental or move a family member into the rental)

• Start an eviction case based on nonpayment
• Start an eviction case based on a termination without cause
• File for noncompliance with a stipulated agreement in eviction court if the eviction was based on nonpayment or a termination without cause

• Report a tenant to a credit agency for nonpayment of rent or a late fee
• Threaten to do any of these things

Tenants do NOT need to file a declaration in order to qualify for this relief (the declaration is part of the CDC order, not Oregon law). Any rent that came due between April 1, 2020, and September 30, 2020, must be paid by March 31, 2021. Starting on January 1, 2021, tenants need to pay their rent each month under the terms of the rental agreement. Tenants still have until the end of March, 2021, to pay back rent that built up between April and October.

Remember, starting on January 1, 2021, a landlord can evict a tenant for not paying rent under the terms of the rental agreement, but cannot evict a tenant for not paying any rent that was deferred between April 1 and September 30, 2020. Starting on January 1, 2021, a landlord can evict for unpaid rent that came due between October 1 and December 31, 2020.

Renters’ obligations under the new law

Under the new law, a landlord can give the tenant a notice saying how much rent the tenant owes and will have to pay back by March 31, 2021. Starting October 1, 2020 a landlord can also give a notice to the tenant requiring that the tenant tell the landlord within 14 days if the tenant plans to use the six-month grace period to pay back any rent owing. Tenants can use the six-month grace period to pay back rent that came due from April 1, 2020, to September 30, 2020, but cannot use the grace period for rent due from October 1, 2020 to December 31, 2020. If a tenant does not tell the landlord that they plan to use the six-month grace period to pay back the deferred rent, the landlord can charge the tenant half a month’s rent as a penalty and collect that amount on or after April 1st, 2021. Tenants can notify their landlord that they plan to use the six-month grace period by text, email, letter, or verbally.

FREQUENTLY ASKED QUESTIONS:

• Is a landlord allowed to give a tenant a notice saying that the tenant owes rent?
• •  YES. A landlord is allowed to tell the tenant how much rent the tenant owes. But the landlord is not allowed to say that the landlord intends to evict for nonpayment of the rent that’s owed until after December 31, 2020.

• Are a landlord and a tenant allowed to work out a payment plan to cover back rent?
• •  Yes. A landlord and a tenant can come to an agreed repayment plan, but a tenant is not required to enter into any kind of payment Plan. A tenant is only required to tell the landlord that they plan on paying back rent during the six-month grace period, and to pay back all of the rent that’s owed on or before March 31, 2021. Remember that rent that comes due from October 1, 2020 to December 31, 2020 is not eligible for the grace period and must be paid in January.

• Can a landlord evict a tenant for nonpayment after December 31, 2020?

• What if the first year of my tenancy was up during one of the eviction moratoriums? Is a landlord allowed to give a no-cause termination notice?

• Can a landlord give me a notice of termination for cause, or file for eviction based on a notice for cause?

This information was last updated September 28, 2020 and is changing very quickly

By: Brian Cox, Attorney at Law
Sept 30, 2020

Watching and interpreting law changes ‘on-the-fly’ during the pandemic is very much like having someone ask you to take over the controls of an aircraft spiraling out of control and learn to fly –while also taking up juggling on a unicycle at the same time. The task is crazy, the information is sparse, the instructions are almost non-existent, and the sense of panic and chaos feel very real !!!!

So how to deal with the confusion? Consider EO 20-56 as an ‘overlay’ on HB 4213.

HB 4213 imposed a number of changes on landlords, including a moratorium on certain kinds of residential and commercial evictions and eviction notices through September 30th. What HB 4213 did NOT do is include language for extending that moratorium. On September 28th, Governor Brown issued Executive Order 20-56, which creates a new moratorium that prohibits certain residential evictions and eviction notices through December 31st. What EO 20-56 did NOT do is displace HB 4213 – instead, it acts as an ‘overlay’ to HB 4213.

Here is what I think that means (this is NOT legal advice):

1. No residential evictions, late fees or eviction notices for non-payment of rent, utility charges or ‘other service charges or fees’ through December 31st.

2. No “No-Cause” termination notices, defined as notices pursuant to ORS 90.427(3)(b), (4)(b), or (c), (5)(a) or (b), or (8)(a)(B) or (b)(B), including 90-day landlord cause notices currently prohibited by HB 4213 through September 30th, 2020.

3. Tenants continue to owe for unpaid rent, utility charges or other service charges or fees(excepting late fees and/or other penalties for non-payment).

4. Extension of the ‘first year of occupancy’ through January 30th, 2021.

5. Tenant payments continue to be applied under the modified application described in HB 4213 (current rent, then utility/service charges, then late rent charges incurred before HB 4213, then other fees or charges under ORS 90.302 or for tenant damage claims), and then to any non-payment balance accrued during the Emergency Period.

6. Landlords can still give the HB 4213 notice to tenants about their unpaid rent, utilities and other service charges/fees on or after October 1st, advising tenants they can’t be evicted forthese unpaid amounts until after December 31st and that they have a grace period through March 31st, 2021 to repay those amounts, also alerting them to the penalty for not responding within 14 days. Presumably, more than one notice may be given (nothing says differently), so landlords may want to give a notice on or after October 1st, and another notice on or after January 1st, 2021.

Notice what is NOT in EO 20-56 (and which is allowed beginning October 1st under HB 4213)?

1. Any extension of the March 31, 2021 grace period.

2. Any “grace period” to repay rent for October, November or December 2020.

3. Any instruction (or limitation) on when to give one or more HB 4213 notice(s) to tenants (other than ‘after September 30th).

4. Any requirement for tenants to provide proof of inability to pay rent.

5. Any prohibition for giving 90-day notices where the landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy. You can still give 90-day notices for owner-occupied buyers as well.

6. Anything restriction on commercial notices or evictions (which are now allowed).

Is all of this legal? Does the Governor have authority to do this? – We’ll see......

How to avoid panic in this chaos? Breath deeply, read (and re-read) HB 4213 and EO 20-56 and all that wonderful ROA material provided to you, and seek competent help when needed.

By: Mark L. Busch, P.C. Attorney at Law
Jun 27, 2020

In its special session, the Oregon Legislature passed legislation extending the state’s eviction moratorium through September 30, 2020. House Bill 4213 prohibits residential and commercial evictions based on nonpayment of rent or other charges owed to the landlord, and further prohibits no-cause evictions against residential tenants. Late fees are also waived for both residential and commercial tenants throughout the emergency period (April 1, 2020 through September 30, 2020).

For residential tenancies, HB 4213 prohibits landlords from issuing ANY nonpayment notices for rent, utility charges, or other service charges or fees owed to the landlord, and prohibits issuing any no-cause eviction notices. Residential landlords are also prohibited from filing any nonpayment or no-cause eviction cases in court. Commercial landlords cannot issue nonpayment notices to their tenants or file nonpayment eviction cases in court. Landlords may still pursue for-cause evictions based on anything other than nonpayment. (Note: Landlords are also prohibited from reporting a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency.)

There is no requirement for tenants to provide any proof of their inability to pay during the emergency period. Rent and other charges owed to the landlord are automatically suspended if the tenant cannot or simply does not pay. However, both residential and commercial tenants are still ultimately responsible for rent and other charges that accrue during the emergency period (except late fees).

HB 4213 establishes a 6-month grace period following the emergency period for tenants to pay their outstanding nonpayment balances to the landlord by March 31, 2021. Following the emergency period, landlords can issue a written notice to tenants informing them of the 6-month repayment period, the balance due, and requiring them to respond within 14 days with either payment or with notice that they intend to pay by the end of the 6-month grace period. Tenants who fail to respond at all can be penalized with damages payable to the landlord equal to 50% of one month’s rent following the grace period.

Beginning October 1, 2020, tenants will be responsible for making their regular rent payments and other payments owed to the landlord under the rental agreement. Landlords can also begin issuing nonpayment notices after that date, but only for amounts that come due AFTER the emergency period ends. Landlords cannot issue nonpayment notices or evict tenants based on their nonpayment balance that accrued during the emergency period. If a tenant fails to pay the nonpayment balance by the end of the grace period, the landlord will need to file suit (small claims or otherwise) to recover that amount. Landlords who violate HB 4213 can be sued for injunctive relief, actual damages, three months’ rent, attorney fees, and court costs.

The Landlord Newsletter 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.