What's New? Recent changes in housing law.
Federal Eviction Moratorium Extension Until End of July
On June 24, 2021, the Center for Disease Control (CDC) extended the federal eviction moratorium on evictions for nonpayment of rent in response to the ongoing financial challenges faced by renters due to the COVID-19 pandemic. The CDC eviction moratorium protects Oregon tenants who qualify from being evicted for nonpayment of July’s rent. It is possible that some evictions for nonpayment or no cause could be halted under that order, but tenants in Oregon facing eviction for nonpayment are better protected by utilizing the 60-day pause than relying on the CDC order extension.
The CDC order does not necessarily prohibit a landlord from issuing a termination notice, filing for eviction, or possibly even getting a judgment. What it does prevent is actual eviction, i.e., the Sheriff coming to your home and removing you, which may not happen until after the CDC order expires in August, anyway. Tenants should not rely on the CDC order for protection from nonpayment eviction. Tenants at risk of eviction for nonpayment should apply for rent assistance right away and, if they receive a termination notice, should provide documentation of their application to their landlord. See below form more info.
In order to qualify for these protections, tenants must meet certain income requirements, must experience financial hardship, and must meet other eligibility requirements. Qualifying tenants must sign a written declaration and provide it to their landlord by either mail, email, fax or personal delivery.
- Portland Housing Bureau's Federal Eviction Moratorium webpage
- Eviction Protection Declaration (english)
- Declaration Form available in 12 languages. Click here.
60-day Pause for Tenants who Have Applied for Rent Assistance / SB 278
- If a tenant applies for rent assistance and provides documentation of their application to their landlord, that tenant may not be evicted for nonpayment of rent for 60 days from the time they provide the landlord with documentation.
- Rent assistance providers will need to promptly provide a dated application receipt to each tenant who applies for assistance.
- The documentation the tenant provides to the landlord can be an email, screenshot, or other written or electronic documentation from the rent assistance provider verifying that the tenant has applied for rent assistance.
- Tenants may submit to their landlord proof of their application for rent assistance at any time before or during the eviction process, up to and during the first appearance hearing in court.
- If the tenant provides the documentation to the landlord before an eviction case is filed, the landlord must not file an eviction case.
- If the rent is still unpaid by 60 days from when the documentation was provided, the landlord may serve a new termination notice for nonpayment.
- After landlord files an eviction case in court for nonpayment: If the tenant does not provide the landlord with documentation of rent assistance application before the 10-day termination notice expires, the landlord may file an eviction proceeding. If the tenant provides the landlord with documentation after an eviction case has been filed, at or before the first appearance date, the case must be set-over by the court for at least 60 days.
- If the amount owed is paid while the case is pending, the case must be dismissed.
- If the landlord does not get paid what is owed within 60 days, the landlord may move forward with the eviction.
Oregon Eviction Moratorium Has Ended
Moratorium on No-Cause eviction ends June 30, 2021. Oregon's statewide moratorium on evictions for nonpayment and without cause ends on June 30, 2021. But a new law, Senate Bill 282, says that renters have more time to pay back rent, fees or other charges that came due during the moratorium period.
- From July 1, 2021 through February 28, 2022 , landlords cannot evict tenants for rent, fees, or other charges that came due between April 1, 2020 and June 30, 2021.
- The new law contains additional renter protections such as relaxed limitations on guest occupancy, protection from negative credit and eviction history during the pandemic, and protection from retaliation.
- This protection is automatic, and no declaration, income eligibility, or other criteria is necessary to qualify for this protection.
- Use of no-cause evictions is now subject only to SB 608 (passed in 2019) limitations.
Visit The Portland Housing Bureau's Eviction Moratorium webpage for current updates and details.
- Grace Period Extension and Tenant Protections As the Moratorium Ends (Oregon Legal Aid/Oregon Law Center)
- Tenant COVID Protections, SB 282, SB 278 and the CDC Moratorium (Power Point slides from Legal Aid, June 30th, 2021)
- Link to the Video Presentation on You Tube (Panel discussion of the above topics)
No Cause Evictions
Under SB 608, no-cause evictions (aka “no-fault evictions”) prohibited unless:
- Termination is in the first year of tenancy;
- Note: Beginning on July 1, 2021, landlords can use 30-day no-cause notices to evict people within their first year of occupancy. Additionally, from July 1, 2021, to August 31, 2021, landlords may issue 30- day no-cause notices to any tenants who moved in on or after April 1, 2019. This extra time is given to landlords whose first years of occupancy expired during previous moratoria. Renters in the City of Portland must get 90 days’ notice of a no-cause termination and landlords must pay relocation assistance.
- The basis is one of 4 permitted “landlord-based” reasons; or
- Note: Landlord-based reasons are 1) demolition or change of use, 2) repairs or renovation, 3) landlord or family-member move-in, or 4) new buyer move-in.
- The landlord lives on the same property as the tenant and there are 2 or fewer units
What should a tenant do if they receive a 10-day notice for non-payment?
- If after July 1: Check the dates for which rent is being sought in the notice. Landlords cannot give termination notices for rent that came due April 2020-June 2021 until after February 28, 2022.
- Landlords can give nonpayment of rent notices for rent that comes due in July 2021 and after.
- Apply for emergency rent assistance, if you haven't already.
- Call 2-1-1 for the agency serving your area or go to www.oregonrentalassistance.org
- Provide documentation to the landlord of the application for rent assistance to get the 60-day pause.
- If given within the 10-day notice period, landlord cannot file an eviction case in court.
- If after the court filing but before or during first appearance, court will reset the court date 60 days out.
- Call the Community Alliance of Tenants (503-288-0130) or Springfield Eugene Tenant Association (541-972-3715) Hotlines with questions or your local legal aid office if you think you have legal claims (www.oregonlawhelp.org).
December 2020 - COVID Eviction Prevention Legal Updates
Moratorium on residential evictions in Oregon on the basis of nonpayment of rent or terminations without tenant cause. The following information is applicable state-wide.
- Oregon lawmakers passed House Bill 4401 (“HB 4401”) on December 21, 2020. This Bill extended the emergency period under HB 4213 until December 31, 2020 and extend the eviction moratorium in certain circumstances to June 30, 2021. The Bill also created a Landlord Compensation Fund, and allocated money for tenant-based rental assistance. Review House Bill 4401.
The state-wide moratorium remains in effect until December 31, 2020 unless a tenant submits a written declaration of financial hardship to their landlord. If a tenant submits a written declaration, the moratorium is extended for that tenant until June 30, 2021.
For tenants who submit a written declaration to their landlord: Tenants have until July 1, 2021 to repay any rent or other charges accrued between April 1, 2020 and June 30, 2021. Tenants will need to begin paying monthly rent under the terms of their rental agreement on July 1, 2021.
For tenants who do not submit a written declaration to their landlord: Tenants have until March 30, 2021 to repay any rents or other charges accrued between April 1 and December 31, 2020. Tenants will need to begin paying monthly rent under the terms of their rental agreement on January 1, 2021.
NEW STATEWIDE EVICTION MORATORIUM Handout (ENGLISH)- created by Legal Aid and the Oregon Law Center
NEW STATEWIDE EVICTION MORATORIUM Handout (SPANISH) - created by Legal Aid and the Oregon Law Center
Prior legal protection ordinances issued by the State of Oregon:
On September 28, 2020, Governor Brown signed Executive Order No. 20-56 which extended the state moratorium until December 31, 2020. This Executive Order did not create a new repayment grace period for rent that accrued between October 1, 2020 and December 31, 2020. Review Executive Order 20-56.
Oregon lawmakers passed House Bill 4213 (“HB 4213”) on June 26, 2020. This Bill extended the eviction moratorium until September 30, 2020 and created a six-month repayment period for tenants. It also clarified the process for landlords to send a notice of outstanding balance, offer payment plans, and the use of other types of terminations without tenant cause. Review House Bill 4213.
The Governor's Executive Order 20-13 created a state-wide temporary moratorium on certain evictions and terminations of rental agreements and leases in response to the COVID-19 pandemic. This order was signed on April 1, 2020 and was in effect until June 30, 2020. Review Executive Order 20-13.
More eviction moratorium information:
Legal Aid - State Wide Eviction Moratorium - Legal Aid's website offers eviction moratorium information in Arabic, Chuukese, Spanish, Marshallese, Mandarin Chinese, Russian, Samoan, Somali, Tongan and Vietnamese
Legal Aid Services of Oregon Covid 19 Emergency Protections - video explaining State and local rental protections.
Community Alliance of Tenants COVID 19 Housing Resources - Additional information available here.
Mandatory Tenant Relocation Assistance - Renters in Portland who are served a no-cause eviction or encounter any of the triggering events may have the right to be paid relocation assistance from their landlord. Landlords must notify Portland Housing Bureau's Rental Services Office of the payment. For eligible exemptions, see the Administrative Rules.
Events that trigger Relocation Assistance:
Triggering events are, specifically, any of the following:
Notice of non-renewal of a fixed term lease (not becoming month-to-month)
Qualified landlord reason for termination
Rent increase of 10% or more over a 12-month period**Any rent increase effective between September 16, 2020 – March 31, 2021. See this FAQ for details about the emergency amendments to this section of code in response to the COVID-19 pandemic.
Substantial change of lease terms
The Portland Housing Bureau’s Rental Services Office has a helpline and on-site staff to provide technical assistance and information specific to mandatory renter relocation assistance.
Safe, stable housing is something that we all need to thrive. But people with disabilities often face barriers in accessing housing.
One tool that people with disabilities use for lifting these barriers is requesting a reasonable accommodation. These changes in rules, policies, practices, or services ensure that people with disabilities have the same opportunity to use the dwelling as a person without disabilities.
- Disability Rights Oregon - Reasonable Accommodation Handbook
- Fair Housing Council - Reasonable Accommodation and Modification Requests (PDF)
- Landlord Tenant Law Booklet (English 2016) (Spanish 2016)
- Sample Letters to the Landlord
- Housing Rights for Manufactured Home Residents in Oregon
Find legal aid centers around the state.
The Fair Housing Council of Oregon (FHCO) is a nonprofit civil rights organization driven to eliminate illegal housing discrimination through enforcement and education across Oregon. We promote equal access to housing by providing education, outreach, technical assistance, and enforcement opportunities specifically related to federal, state, and local fair housing laws. These laws protect against illegal housing discrimination based on “protected class status” in any housing transaction and, in fact, any housing situation.
Landlord Tenant Law Information