ORHA News

Oregon Governor Kate Brown ordered a new moratorium preventing evictions throughout the state until at least the end of 2020.

The eviction moratorium ordered at the beginning of the pandemic was set to expire at the end of September.

PAST COVERAGE: One month until the eviction moratorium ends, is Oregon prepared?

Multnomah County announced last week that it would be extending the protections for renters through January 2021.

On Monday, the governor said through a new executive order, residential evictions for non-payment and other no-cause evictions will be on hold until December 31, 2020.

WASHINGTON -- FEMA announced that federal emergency aid has been made available to the state of Oregon to supplement state, tribal and local recovery efforts in the areas affected by wildfires and straight-line winds beginning on Sept. 7, 2020 and continuing.

The President's action makes federal funding available to affected individuals in Clackamas, Douglas, Jackson, Klamath, Lane, Lincoln, Linn and Marion counties. Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster. Federal funding is also available to state, tribal, eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency protective measures including congregate and non-congregate sheltering and direct federal assistance. Emergency protective measures, including direct federal assistance through FEMA’s Public Assistance program, will be provided at 75% federal funding. This assistance is for Benton, Clackamas, Columbia, Coos, Deschutes, Douglas, Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Marion, Multnomah, Tillamook, Wasco, Washington and Yamhill counties.

Federal funding is available on a cost-sharing basis for hazard mitigation measures statewide.

Dolph A. Diemont has been named as the Federal Coordinating Officer for federal response and recovery operations in the affected area. Designations may be made at a later date if warranted by the results of damage assessments.

Individuals and business owners who sustained losses in the designated area can begin applying for assistance by registering online at www.DisasterAssistance.gov or by calling 1-800-621-3362 or 1-800-462-7585 TTY.

CDC Issues Federal Eviction Moratorium

By Mark L. Busch, Attorney at Law

Website:  marklbusch.com

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.

The U.S. Centers for Disease Control and Prevention (CDC) has issued a federal Order purporting to place a nationwide ban on nonpayment residential evictions until December 31, 2020.  The Order becomes effective on September 4, 2020 and essentially provides that residential evictions based on the nonpayment of rent or other charges owed to a landlord are suspended until the end of the year if the tenant provides the landlord with a sworn declaration.

To qualify, the Order requires tenants to provide their landlord with a sworn declaration stating that the tenant:  (1) has used best efforts to obtain all available government housing assistance, (2) does not expect to earn more than $99,000 in 2020, or no more than $198,000 if filing taxes jointly, (3) is unable to pay full rent due to lost income, lost employment, or extraordinary medical expenses, (4) is using best efforts to make timely partial rent payments as circumstances permit, (5) if evicted is likely to become homeless or will need to move to “a new residence shared by other people who live in close quarters,” (6) understands that rent, late fees and other lease charges must eventually be paid in full, and (7) understands that after December 31, 2020, the landlord may evict the tenant if past-due payments are not made in full.

It is important to note that the Order does not override more stringent state laws.  In Oregon, for example, tenants who did not pay rent from April 1, 2020 through September 30, 2020 will have until March 31, 2021 to repay those amounts and cannot be evicted based on nonpayment of those amounts.  Oregon law also waives late fees during the same period, while under the federal Order landlords may charge late fees that become due in full along with rent on January 1, 2021.  (NOTE: Under both Oregon law and the federal Order, “for-cause” evictions based on conduct other than nonpayment are still allowed.)

The Order (federalregister.gov/d/2020-19654) is based on a finding that the temporary halt of residential evictions is necessary to prevent the further spread of COVID-19.  However, the federal government’s authority is limited when it comes to restricting state eviction laws.  The federal order is likely subject to challenge on several constitutional grounds, and federal law cannot override state eviction law unless certain conditions are met (i.e., interstate commerce is affected, or discrimination laws apply).

Enforcement of the Order is also likely to be questionable since it imposes criminal penalties on landlords for violations, which would have to be pursued separately from any eviction proceedings by the US Department of Justice.  The criminal penalties call for imprisonment of up to one year and fines of up to $500,000, but are based on somewhat obscure quarantine laws that appear to be patched together with other federal regulations that the CDC may or may not have the authority to apply to state eviction laws.  The bottom line is that the CDC has thrown out what is, at best, a shaky attempt to temporarily halt nonpayment evictions.  As usual, consult with an attorney before making a decision on whether to issue any nonpayment notices between October and the end of the year (October is when landlords can begin issuing nonpayment notices going forward under Oregon House Bill 4213).

Centers for Disease Control and Prevention - Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

By: Cliff Conner, Southern Oregon ROA Mentor
June 30, 2020

The Governor signed HB 4213 and it is now law.

Before I talk about HB 4213 and whether it is a good or bad bill, let me go back to June of 2017. HB 2004 died in the Oregon Senate. Why? The Oregon Senate had a different makeup than the Senate of today, including the House. HB 2004 died due to a massive response from the landlord community and the Senate did not have the votes to pass the bill. Peter Courtney, President of the Senate, would not bring a bill to the floor for a vote if he did not have the votes to pass it. There were at least two Democrats who would vote no on the bill. One of the Democrat senators lost in the next primary against another Democrat who moved into his district on the expressed purpose of his stance on HB 2004. The senator who lost in the primary is a landlord and they knew HB 2004 was a draconian bill. 

Fast forward to the fall of 2018 after the election, both the Oregon senate and house had Democrat super majorities now. There were several Democrats that were running on the platform of a new rent control bill. The Speaker of the House, Tina Kotek, contacted our Legislative Director, Jim Straub, and asked if he would work with her on a preliminary draft bill of what was to become SB 608. Jim worked with her to try to mitigate the impact of the draft bill so as not to impact landlords which could have happened with the draft bill.

I am not saying that SB 608 is a good bill. It is a bill that has had an impact on both landlords and tenants alike. Speaker Kotek stated to Jim Straub that there would not be any landlord/tenant bill in the short session of 2020. She stated that she wanted to see how SB 608 would work and would come back to a landlord/tenant bill in 2021.

It is important to note that when there is a super majority by one party in the senate, the house and the governor’s seat, it is very difficult to overcome when negotiating on a landlord/ tenant bill. Also important to note, one of the main issues that is near and dear to the Speaker of the House is housing.

It is now 2020 the short session ended with a walkout by the Republicans. Then the COVID-19 pandemic hit. The Governor issued her first of many executive orders (EO) dealing with the pandemic which was EO 20-03.

Shawn Miller, ORHA’s lobbyist, had heard several weeks before the first special session that there was a landlord/tenant bill that would affect landlords. There were other groups and lobbyist who tried to intervene and modify the bill to no avail. Jim was asked to talk to the Speaker personally, which he did, and a good conversation transpired. Jim asked for a copy of the Legislative Committee (LC) draft bill and the Speaker agreed to give him a copy that was being worked on. At that point in time, the LC draft bill was crafted and there was no way to kill the bill, so Jim negotiated the best possible position for landlords.

There are three ways to deal with a bill, pass a bill, kill it, or compromise. The way to compromise on a bill is through amendments to the bill. HB 4213 had 14 amendments in three days. Considering there was no way to kill it, a lot of compromising took place.

The tenant groups and tenants at large were pushing for a rent freeze and rent forgiveness. These two issues did not make it into the bill, but they will come up again next session (2021) and hopefully we will be able keep these two issues at bay as it would violate contract law.

Leading up to the first special session the governor had indicated that she was going to extend EO 20-13, the eviction moratorium, in one way or another and maybe add more restrictive language to it to the detriment of landlords. She indicated to Senator Ginny Burdock that if a bill was passed in the special session with some protection to tenants, she would not extend EO 20-13. Senator Burdock stated this in a hearing on HB 4213.

On 06/30/2020 Governor Kate Brown signed EO 20-30, which extends EO 20-03’s emergency order and the COVID -19 state of emergency. True to her word she rescinded EO 20-13, the eviction moratorium, in EO 20-30.

As to House Bill 4213, ORHA was able to work five important pieces into the bill.

1. There is an end date to the emergency period, 09/30/2020, and a process going forward on the nonpayment balance during the emergency period, ending on 03/30/2021. At the end of the emergency period the full force of ORS chapter 90 is back, except for the grace period.
2. The no cause termination in the first year of tenancy is extended to 30 days past the end of the emergency period. This is for those tenancies which the first year expired during the emergency period 04/01/2020 to 09/30/2020.
3. There is a grace period for paying back the nonpayment balance. There is a penalty of 50% of one month’s rent if tenant does not respond to a request for repayment of the nonpayment balance.
4. The statute of limitations on terminations where a landlord could not terminate a rental agreement during the emergency period and the upcoming grace period has a toll on the statute of limitations.
   • “Toll” means that the running of the clock for the one year of the statute of limitations is stayed during that time period. The end date is 03/31/2021.
5. 90.427 (5) (b) was excluded from the moratorium. This is where a landlord sells a rental unit and the buyer moves in. This provision was stated during the hearings and on the floor for the vote that was carried by Rep Fehay.

Is this a bad bill or a good bill? That will be in the eye of the beholder. To some landlords who have not collected rent during this period and extending out to 09/30/2020 it is a bad bill.

To some tenants that think there is no rent forgiveness or prohibition on rent increases in the bill, it is a bad bill. To some landlords and tenants who recognize that there is now a process for the collection and payment of the nonpayment balance, it is a fair to good bill. There is always going to be something in the bill that anyone can point to and say it is bad or good. I say it is a compromise. The reason I say that is in order to kill a bill, you need the votes and or political capital to do so. The landlords do not have the votes but we, (ORHA) have some political capitol with the Speaker of the house and we have established mutual trust at this point.

There is a time and place to march to the Capitol with pitchforks and torches but this is not the time to do so. If this bill did not pass, landlords would be at the mercy of the Governor and her EO’s that could be extended to who knows when. I think it is better to have a law on the books with an end date and a process to work through.

By Brian Cox, Attorney at Law
June 29th, 2020

On April 1st, the Governor issued Executive Order 20-13, enacting a moratorium on all “no-cause” and “landlord-cause” evictions and evictions for non-payment of rent. Executive Order 20-13 is set to expire at the end of June. On Friday, June 26th, the Oregon Legislature passed HB 4213, which extends the eviction moratorium on both residential and commercial evictions through September 30th, 2020. In addition, HB 4213:

• Creates a six-month repayment grace period after the moratorium ends for tenants to repay their back rent accrued during the moratorium. During the repayment period, tenants may not be evicted for failure to repay their back rent, but they must keep paying their ongoing monthly rent during the grace period or face eviction.
• Allows the landlord to provide notice about the six-month grace period and the balance owed, notifying tenants that an eviction may not be filed before 9/30/2020, and requiring tenants to notify the landlord within 14 days that they intend to utilize the grace period to delay repayment of back rent. If a tenant fails to give the proper notice, the landlord is entitled to recover damages equal to 50% of one month’s rent after the grace period. Landlords may also offer voluntary alternate repayment plans.
• Allows no-cause evictions when a property is sold to a buyer who intends to occupy the property as their primary residence.
• Accommodates landlords who were unable to utilize their ability to no-cause evict someone at the end of the first year of occupancy per ORS 90.427 because that point- in-time occurred during the moratorium. Landlords now have a 30-day period after the moratorium ends to utilize this provision.
• Prohibits negative credit reporting for non-payment of rent during the moratorium and prohibits assessing late fees or other penalties for nonpayment during the moratorium period.
• Allows landlords to accept partial rent payments without waiving certain landlord rights.
• If a landlord violates HB 4213, a tenant may seek injunctive relief to prevent an eviction and also recover up to three months’ rent plus any actual damages.

By Tia Politi, ORHA Secretary
6/30/2020

Addressing tenant violations of the rental agreement is challenging anytime, but for rental owners facing issues with their tenants right now, it’s especially frustrating. The Governor’s moratorium combined with the Oregon courts closures that relegate eviction actions to the lowest tier of concerns, is becoming ruinous for some.

Worried that your tenants will bail owing thousands of dollars? I believe it will happen, but I also think it’s less likely to happen if you take a thoughtful, considered approach. While your property rights have been suspended for a time, there are still tools at your disposal: compassion, education, negotiation, social service referrals, non-compliance notices, and the police. Also, in extreme cases, the courts are still expediting urgent matters.

This crisis and the calls I’m getting on the Helpline are highlighting rental owners’ collective weaknesses in the areas of relationship-building, negotiation, conflict resolution and tenant non-compliance. It’s also spotlighting poor business practices for some who were having problems with their renters prior to the crisis, but didn’t take action, or who are lazy screeners and really didn’t bother to check out their residents.

Relationship building
We build relationships with our customers by providing great service, listening, responding in a timely fashion, addressing issues that concern them, appreciating their business, thanking them for their efforts - you know, the way you build a good relationship with anyone in business. Of course, genuine concern is hard to fake, so if you have looked down your nose at your renters and haven’t invested time building relationships with them it’s going to be a hard sell now. No one is receptive to information from someone who they don’t think cares about them, even superficially, so if you don’t want your renters to bail, better be sure to let them know that you care not only for yourself, but for them and their situation.

Expressing compassion for the times we’re in, using kindness and persuasion, and offering resources are the best tools we have right now (or most any time). Regardless of the situation, speak respectfully, let them speak, hear them out fully, ask questions to clarify their issues, let them know that you understand the stress of the times, you want them to be stable in their housing, now and in the future, you’re willing to work with them, then offer resources where they might get some help. I really think this is almost always the way to go, but now more than ever.

The art of negotiation
Negotiation skills are critical to overall success in managing property. The most successful managers always keep their cool, treat people with dignity and respect, clearly communicate what they can and cannot do (and why), and work to resolve issues in a way that helps everyone save face and get at least some of what they want or need. Force someone to agree to your terms, demean them and their opinions, treat them like dirt and they will get their revenge. Rental owners who don’t have good people skills end up paying in many ways: intentional property destruction, online defamation, toxic stress. Does that mean caving in to unreasonable demands or not enforcing your agreement? No, and while it’s important to give people space to feel heard, and seek to provide what support we can, people need to solve their own problems. Beware of getting too emotionally invested in your tenant’s problems or too involved in achieving solutions. Offer help and referrals, but don’t be the total solution or give more than you should.

Also, don’t deny that you have self-interest in whatever the issue is. We all have self-interest and acknowledging that lets the other person know that you’re not pretending that it’s all about them and what they want, thereby making you seem disingenuous.

Right now, for landlords who are trying to sell property, renovate, demolish or move in an immediate family member, let the tenant know that it’s coming. They may find it more convenient to move in the summer or fall rather than the dead of winter and take the initiative to find another place. For property managers, see if it’s possible to find them another unit that meets their needs.

Cash for keys is also a viable option. Nothing prohibits negotiating a mutual termination agreement. You can try to incentive a move out by agreeing to refund the deposit in full, forgive any back-owed rent or some other concession to sweeten the deal. If you do make such an agreement, put it in writing and don’t hand over any money until they are handing you the keys on their way out of the unit.

Conflict resolution
You’ll never talk someone else out of their position or get them to see yours if they view you as the enemy. I’m not telling you to be fake, flattering or obsequious, just approachable, warm and caring. You may not understand where someone is coming from, but taking the time to just listen can give a lot of people what they want. Don’t we all want to be heard by someone?

In my career as a property manager, I was told by many residents that I was the best manager they had ever had. I attribute that to my willingness to listen, treat everyone with dignity and respect, help them to the best of my ability but also help them understand my limitations (boss, company policy, finances, laws, owners). My job often involved telling people no, but I always explained why. As a kid I bet you didn’t like being told no without an explanation. Well, grown adults don’t like it either. Often when you explain why you are not unwilling but unable to give them what they want, it can help them see that you’re not the enemy and start a dialogue which is the basis for truly functional communication.

As social animals, people arrange themselves in classes and hierarchies, at least in their own minds. For rental owners, we can be perceived as The Man – and in some ways we are The Man. We have the right to lay down rules for how other people get to live, kick them out if they don’t follow our rules or pay their rent. For that reason, and others, residents may not be able to hear the message that you’re actually trying to work with them, see them as a valued customer and are trying to help them be stable in their housing. They may believe that you see them only as a source of money. It’s your job to treat your customers in such a way that they feel valued in the relationship and feel that you care about them as people. That builds social capital that engenders trust, helps you resolve conflicts more easily, and makes it more likely they will see you as an ally not an opponent, and less likely they will feel okay bailing out.

Focus on the problem, not the person
If you’re dealing with non-payment of rent, share rent assistance information, indicate your willingness to give them time to catch up. If they’re on a rent strike, remind them it likely won’t be granted, so don’t spend the money. It will need to be paid back eventually. Educate them on the risks to their credit and rental history, and explain your own financial situation. Many people don’t understand all that rental owners are responsible for and the costs they incur for maintenance. I find it helpful to disclose the costs of certain improvements when I do them so they have some idea what I’m putting into the property each year.

I’m hearing from rental owners whose tenants are likely damaging the home, but are denying entry “due to COVID-19” but have multiple people coming and going, or inviting unauthorized people to live there, making their denial more than a little disingenuous. Then there are residents who are high risk, fragile, and super-scared of getting sick, who are exhibiting reactions to COVID-19 that you may think are over the top. Providing assurance that you care for their well-being and asking them under what conditions they would consider allowing entry, then following those instructions to the letter, can get them to let you in if they’re truly frightened.

Whatever the reason for denial of entry, if it’s unreasonable the law says that’s a lease violation and a landlord can serve a notice of termination with cause for that, but what about now? I can’t say how a judge would see this, but would they think denial of entry during the pandemic is unreasonable? Maybe, maybe not, and remember, you’re not getting to court very fast.

In the end, regardless of how nice you are, it isn’t going to help you address anything if the tenant refuses to respond or communicate in any way. All you can do is hunker down, keep documenting what is going on, serve notice if you need to and file in court if you must.

There is no problem so big that you getting angry or judgmental won’t make it worse
Do I get angry? For sure. Am I judgmental about the choices some people make? You bet. Will it help me to express that? No way. No matter what happens, keep your cool. Focus on the problem, not the person and you’ll find ways to express your concerns without the not-so-subtle put downs. For example:

• “It must be hard to keep up with the house and yard with a job and four kids, but I’m concerned about damage to the property. Is there anything I can do to help you get back on track?”
• “I’m hearing that you have someone else living with you. Not sure if that’s true, but we can discuss options for getting them on the lease or adding them as a temporary occupant. What’s the situation?”
• “I’m hearing from the neighbors that there has been occasional fighting that is disturbing to them. Being in this crisis is impacting everyone and I’m concerned for you. I hope you understand that I have to keep the peace and I will have to serve you a notice if it doesn’t stop, but I want to make sure you know that if you don’t feel safe, there are ways I can help and places to get help.”
• “You have a lot of personal property in the unit and I’m concerned for the home, but also your safety. Can we collaborate on a plan to help you get things under control?”
• “You haven’t been paying your rent during this time. I want you to be stable in your housing, and I’m concerned that you might get so far behind that you’ll never catch up. I don’t want this to impact your life in the future, so just know that I’m willing to take payments when this is all over.”

Certainly, being calm and courteous doesn’t solve every issue. We’ve all had experiences with people who for whatever reason were impossible to work with or satisfy. Some people have degrees of mental illness, PTSD, or borderline personalities that can be barriers to communication, collaboration and resolution. They can be manipulative or swing from one extreme emotion or action to another. Then there’s the everyday criminal types, who just don’t seem to care about anyone but themselves.

If you hit the wall where communication breaks down and find it best to walk away you can say something like, “I’m feeling uncomfortable so I’m going to leave/hang up now. Let me know if you decide you want to talk again.” There’s no blame in that message, only that you’re feeling uncomfortable but you’re open to more conversation, and the decision is theirs.

Trauma-informed care – dealing with PTSD
In these turbulent times, each of us is experiencing the current crises in different ways. I pride myself on being a rock, an island as Simon and Garfunkel so poetically described it, but I’ve been anxious lately. Due to childhood scarcity, I’m a stock-piler of necessities pretty much all the time, but I started feeling anxious about products I had plenty of (toilet paper, paper towels, rice, beans). It was weird and not extreme, but I noticed it, and it put me on edge and made me want to double down on buying more and more, ugh.

For someone experiencing a current scarcity, with a history of scarcity and lacking a decent support system of friends and family, I can only imagine how much more extreme the anxiety would be. Now imagine feeling that someone is threatening your shelter. Regardless of how irresponsible the choices may have been that led them to this moment, it’s still a really bad place to be. Everyone understands wanting to point out to someone the error of their ways. Don’t succumb to that temptation, it won’t help.

Think about what’s going through their mind. Where will they go? What will they do? Will they be homeless? How will they ever get into another place? Even if you’re approach is just right and you’re talking about a risk to someone’s housing, you may get an extreme reaction. Some people may become dangerous and violent. Others might get suicidal. Be sure you have a route of exit if things get really ugly.

Persistent stress and post-traumatic stress disorder (PTSD), changes the physical structure of the brain. It shrinks the areas of the brain that help us regulate rational thoughts and actions, and over-activates the primal brain, the part that helps us survive through the fight, flight or freeze response to danger.

When dealing with people who have PTSD, their brain highlights perceived threats (you possibly being one of them), and impairs their ability to see things rationally or find solutions to problems. This isn’t to say their condition excuses bad behavior, but it does explain why you may have trouble collaborating on solutions, and why you will be much more likely to have success using a calm and gentle approach. It may also help you avoid taking any outbursts personally.

• Watch your body language and tone of voice. Keep your body open and relaxed, smile when appropriate, palms up, use a calm, soothing tone, but don’t be saccharine. Experts say that 7% of communication is verbal, the other 93% is tone of voice and body language. If the topic turns personal and aggressive, don’t respond in kind. “I can see you have strong feelings about that, and I want to understand how we can collaborate on a solution.”
• Be empathetic and nonjudgmental. “That’s a tough spot to be in. What are you going to do? Can I offer a suggestion?” “Wow, that sounds pretty extreme, how are you coping with that?” Your responses should state your limitations while offering ideas. “Well, unfortunately, I can’t waive your rent because I have bills to pay too, but I can reduce your rent for a time or work with you to catch up. Have you heard about the state’s rent assistance fund?”
• Focus on feelings. “I think we’re all feeling extra stressed right now. I think if we work on a plan, it may help us both cope with this situation.”
• Ask for permission. “Would you be open to learning about some resources that could help right now?” It shows respect to ask if you can share resources, not just assume that they need what you have to offer or that your ideas are superior to theirs. If they say no, just move on. “Ok, no problem, just know there are resources available.”
• Set limits. “I wish I could afford to waive your rent. You may not know my situation...”
• Pick your battles. “My biggest concern right now is that we take care of X. I’m fine waiting to address Y and Z until later.” What is the most urgent matter right now? Focus just on that and ignore other little things that are driving you up the wall for now.
• Allow silence for reflection. Don’t feel the need to fill every break in the conversation, and don’t repeat yourself.
• Allow time for decisions. “How about we explore the possibilities we have discussed today and talk again in a few days?”
• Use the technique of mirroring. Mirroring is a proven way to help build rapport with someone else by adopting similar patterns of speech and body language. You may be very different from your renters. If you’re a formal person speaking to another who is more relaxed, adopting a more relaxed attitude and posture can help you connect. Mirroring another person’s speech patterns can also help people feel that you’re not talking down to them or adopting a superior attitude, which is a proven rapport-killer.
• Reframe what you hear them say. Reframing statements followed by solutions is a good way to help someone feel heard, be sure that you have received their message accurately and let them know you may have ideas to help. For example, “I hear you saying you have some money, but you’re concerned you may need that money to live and don’t feel you can pay anything at this time. Is that right? Can I share some resources with you that might help us both?”

Sometimes conversations become circular or turn into what I call scattershot, jumping from topic to topic without any resolution for any of them. This pattern is pretty common with people who suffer from PTSD. If you are discussing a specific issue and the other party redirects the conversation to another issue, stop. Tell them that is an important thing to discuss. Write it down and let them know you can discuss that after you finish addressing the topic at hand. This may happen several times and takes patience to continue to write things down while trying to keep them on track, but it can work.

Social services
We don’t all get to have perfect renters who cope well, have an emergency fund, and the ability to handle problems that come their way. Residents with memory issues or disabilities, may need coaching and social service support. Think of ways that you can get them connected to support services or ways to bring them into compliance in a collaborative way that acknowledges the problem while also protecting their dignity.

With a cooperative tenant and good social service supports, you may be able to develop a plan of action to help a struggling renter achieve compliance and stay housed. Sometimes it will take the extreme action of serving a notice of termination with cause before they awaken to the realities of their situation and agree to accept help, but it’s worth a try and if it does end badly, at least you’ll know that you did what you could.

The 2-1-1 information service can be a great source of information on social service supports statewide. If your tenant is older or disabled and struggling, try contacting Senior & Disabled Services. If your tenant is having a mental health crisis, call Cahoots or White Bird. If there’s domestic violence, they can contact Womenspace or the Department of Human Resources. Whatever the problem, we are blessed to live in a caring community that funds a myriad of programs providing services to vulnerable people.

Take it to court
Aside from non-payment of rent, dealing with lease violations is causing the most consternation for landlords right now. If you are in a situation that has just broken down, remember you can still serve notices for tenant violations and file the action in court. You won’t see the inside of a courtroom for a while, but at least you’ll be in line when the logjam breaks. Also, some renters may cure the notice or move out if they can’t or don’t want to cure and want to avoid an eviction on their record. Or it can open the door to a negotiated move out. After a while, your wagging finger means nothing and decisive action can compel a response.

If you have tenants in a lease, remember that a three strikes termination is not prohibited. You can move along the path of providing the required written warning notices for violations and even serve a 90-day notice of non-renewal once they hit the three strikes mark. Be sure you have good documentation of each violation, can prove that you sent the required notices with the required language within 30 days of discovering each violation and that your notice of termination is perfect in every way.

For month-to-month tenants warning notices won’t serve to terminate tenancy, so at some point you may need to serve a notice of termination with cause. If they don’t cure or move out, you can file in court, just remember if you accept rent beyond the date of termination you will create waiver and your notice will be void.

If you have a severe situation, such as outrageous conduct (drugs, violence, substantial damage), you may be able to expedite your case once it is filed. It requires appearing in court at what is called an exparte hearing, and pleading for the judge to allow the case to be pushed through more quickly, or you or affected renters might consider trying to get an order of protection. This has worked for a couple of recent Helpline callers who were being threatened or stalked by their tenants, and for a tenant who was abusing and harassing others at a multi-family complex. This is the fastest way to get a dangerous person out of the unit, and it doesn’t cost anything.

The takeaway

✓ Build good relationships with your renters so you have social capital in bad times.

✓ Treat people with dignity and compassion regardless of circumstance.

✓ Offer resources to your renters when they need help, but don’t try to solve their problems for them.

✓ Control your negative emotions.

✓ Enforce your agreement when you must.

Managing housing for other humans is a job like no other, providing frustration aplenty, but in these uncertain times when rental owners are clearly shouldering a disproportionate burden, I’m heartened to hear most renters are paying their rent, taking care of the property and being good neighbors.

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.

About the Author: 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 Jim Straub, ORHA Legislative Director
June 29, 2020

During the eviction moratorium, more families, whether they can pay all of their rent or not, will have housing in this unsettling period of time.

For a landlord, the only way to access State or Federal rent assistance resources, is to have a current tenant that is in arrears. It benefits no one for a tenant to be evicted during a time of high unemployment, and high vacancies. For a landlord, after three months under the current Executive Order, the best way to receive any monies owed is to agree to this temporary extension while state and federal resources are brought to bear.

A landlords right to not renew a lease or month to month tenancy in the first year of occupancy is extended to a 30 day period of time at the end of the moratorium for those tenancies that reached the one year mark during this time.

The ability for a homeowner, or in the event of a sale for a new property owner to move back into their own home is preserved.

The ability for a landlord to remove tenants that are being disruptive, or outright damaging the property is restored.

The statute of limitations on amounts owed to a landlord is extended equal to the amount of time the moratorium is in place, this assures landlords that their normal period of time to arrange collection of past due amounts is unaltered.

We are all bearing witness to something that neither landlords or tenants are at fault for. This bill is temporary, and is the just and humane thing to do.

By Clay Carsner
June 6, 2020

Below is and updated summary of HB 4213 which passed the House at 43-14 and Senate at 19-8 on Friday, June 26th. It contains the writer’s opinions and interpretation of the bill.

Section 1.
This section states that it circumvents contractual law by the state of Oregon due to the declaration of a state of emergency by the Governor.

Section 2.
Adding the bill and making it a part of ORS chapter 90.

Section 3.
Defining the "emergency period" from 04/01/2020 to 09/30/2020.

Defining "nonpayment of rent" as rent, late charges, utility charges or service charges accrued during the emergency period as outlined in the rental agreement.

Defining "nonpayment balance" as all or a part of the net total amount of all items of nonpayment by a tenant.

Defining " "termination notice without cause" as a notice delivered by a landlord under ORS 90.427 (3)(b), (4)(b) or (c), (5)(a) to (c), or (8)(a)(B) or (b)(B).  This does not include (5)(b), the selling of a rental unit and a buyer moving in.

During and after the emergency period a landlord may not and may not threaten to:

(a) Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance; 

(b) Initiate or continue an action under ORS 105.110 to take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after April 1, 2020; 

(c) Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance; 

(d) Assess a late fee or any other penalty on a tenant’s nonpayment; or

(e) Report a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency.  

When a landlord receives payments from a tenant or on behalf of a tenant and before applying those payments to the nonpayment balance a landlord shall first apply the payments, in the following order, to: 

(a) Rent for the current rental period; 

(b) Utility or service charges;

(c) Late rent payment charges; and

(d) Fees or charges owed by the tenant under ORS 90.302 or other fees or charges related to damage claims or other claims against the tenant.

This is a change from ORS 90.222 (9)

If the tenant's one year of tenancy expired during the emergency period and a landlord wants to give a no cause termination notice, they may do so after the emergency period ends and is extended to mean a period lasting until 30 days following the emergency period.

Starting on 10/01/2020 a tenant with a nonpayment balance has a six-month grace period ending on 03/31/2020 to pay the nonpayment balance.

On 10/01/2020 a landlord may deliver a written notice to the tenant that the emergency period ended and that all rent, charges, and fees from 10/01/2020 are due and must be paid or a termination notice may be given.

The nonpayment balance that accrued from 04/01/2020 to 09/30/2020 is still due and must be paid with no late charge.

The tenant has a six-month grace period to repay the nonpayment balance by 03/31/2021.

The tenant has 14 days to respond from the receipt of the notice to pay the nonpayment balance by the end of the six-month grace period. Failure of a response from the tenant to use the grace period may result in a 50% of one month’s rent following the end of the grace period.

The tenant’s response must be actual notice as per 90.150 or by electronic means.

If a landlord violates Section 3, a tenant may recover an amount up to three months’ rent, actual damages, and or attorney fees.

Section 4 states that section is repealed on 03/31/2021.  

Section 5 deals with the grace period which runs from 10/01/2020 to 03/31/2021. The language is very similar to Section 3.

Section 6 is a repeal of section 5 on 03/31/2021.

Section 7 is a "tolled" statement for the period of limitation of the bill for claims by a landlord based on the tenant's nonpayment or nonpayment balance as defined in Section 3.

*Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run.

Section 8 declares an emergency and takes effect on passage.

Link to Bill: https://olis.oregonlegislature.gov/liz/2020S1/Downloads/MeasureDocument/HB4213/A-Engrossed 

PRESS RELEASE Foreclosure and Eviction Protections Pass House.pdf

June 24, 2020

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

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

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

Highlights of section 3:

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

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

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

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

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

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

Section 3 ends on 03/30/2021.

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

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

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

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

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

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