Oregon Senate Bill 608 Relating to Residential Tenancies (Rent Control) Introduced
Senate Bill 608
Sponsored by Senators BURDICK,
MONNES ANDERSON, Representative KOTEK (Presession filed.)
SUMMARY
The following
summary is not prepared by the sponsors of the measure and is not a part of the
body thereof subject to consideration by the Legislative Assembly. It is an
editor’s brief statement of the essential features of the measure as
introduced.
Prohibits
landlord from terminating month-to-month tenancy without cause after 12 months
of occupancy. Provides exception for certain tenancies on building or lot used
by landlord as residence. Allows landlord to terminate tenancy with 90 days’
written notice and payment of one month’s rent under certain conditions.
Exempts landlord managing four or fewer units from payment of one month’s rent.
Provides that fixed term tenancy
becomes month-to- month tenancy upon ending date if not re-newed or terminated.
Allows landlord to not renew fixed term tenancy if tenant receives three lease
violation
warnings within 12 months during term and landlord gives 90 days’ notice.
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Limits rent
increases for residential
tenancies to one
per year. Limits
maximum annual rent
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increase to
seven percent above
annual change in
consumer price index.
Requires Oregon Depart-
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ment
of Administrative Services to publish maximum annual rent increase
percentage.
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Declares
emergency, effective on passage.
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A BILL FOR AN ACT
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Relating to
residential tenancies; creating
new provisions; amending
ORS 90.100, 90.220,
90.323,
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3
90.427, 90.600, 90.643, 90.675 and 105.124; and declaring an
emergency.
4
Be It Enacted by the People of the State of Oregon:
5
SECTION 1. ORS 90.427 is amended to read:
6
90.427. (1) As used in this section[,]:
7
(a) “First year of occupancy” includes all periods in which any
of the tenants has resided in the
8
dwelling unit for one year or less.
9
(b) “Immediate family” means:
10
(A) An adult
person related by
blood, adoption, marriage
or domestic partnership,
as
11
defined in ORS 106.310, or as defined or described in
similar law in another jurisdiction;
12
(B) An unmarried parent of a joint child;
13
(C) A child, grandchild, foster child, ward or guardian; or
14
(D) A child,
grandchild, foster child,
ward or guardian of any person
listed in subpara-
15
graph (A) or (B) of this paragraph.
16
(2) If a tenancy is a week-to-week tenancy, the landlord or
the tenant may terminate the tenancy
17
by a written notice given to the other at least 10 days before the termination date specified in
the
18
notice.
19
(3) If a tenancy is a month-to-month tenancy:
20
(a) At any time during the tenancy, the tenant may terminate
the tenancy by giving the landlord
21
notice in writing not less than 30 days prior to the date
designated in the notice for the termination
22
of the tenancy.
23
(b) At any time during the first year of occupancy, the
landlord may terminate the tenancy by
24
giving the tenant notice in writing not less than 30 days
prior to the date
designated in the
notice
25
for the termination of the tenancy.
NOTE: Matter in boldfaced
type in an amended section is new; matter [italic and bracketed] is
existing law to be omitted.
New sections are in boldfaced
type.
LC 2082-1
1
[(c) At any
time after the
first year of
occupancy, the landlord
may terminate the
tenancy by giving
2 the tenant notice in writing not less than 60 days prior to the date designated in the notice for the
3
termination of the
tenancy.]
4
[(4) If the
tenancy is for
a fixed term
of at least
one year and
by its terms
becomes a month-to-
5
month tenancy after
the fixed term:]
6
[(a) At any
time during the
fixed term, notwithstanding subsection
(3) of this
section, the landlord
7
or the tenant
may terminate the
tenancy without cause
by giving the
other notice in
writing not less
8
than 30 days
prior to the
specified ending date
for the fixed
term or not
less than 30 days prior to the
9
date designated in
the notice for
the termination of
the tenancy, whichever
is later.]
10
[(b) After the
specified ending date
for the fixed
term, at any
time during the
month-to-month
11
tenancy, the landlord
may terminate the
tenancy without cause
only by giving
the tenant notice
in
12
writing not less
than 60 days
prior to the
date designated in
the notice for
the termination of the
13
tenancy.]
14
(c) Except as provided in subsection (8) of this
section, at any
time after the
first year
15
of occupancy, the landlord may terminate the tenancy only:
16
(A) For a tenant cause and with notice in writing as
specified in ORS 86.782 (6)(c), 90.380
17
(5), 90.392, 90.394, 90.396, 90.398, 90.405, 90.440 or
90.445; or
18
(B) For a
qualifying landlord reason
for termination and
with notice in
writing as de-
19
scribed in subsections (5) to (7) of this section.
20
(4) If the tenancy is a fixed term tenancy:
21
(a) The landlord
may terminate the
tenancy during the
fixed term only
for cause and
22
with notice as
described in ORS 86.782 (6)(c),
90.380 (5), 90.392, 90.394, 90.396, 90.398, 90.405,
23
90.440 or 90.445.
24
(b) If the specified ending date for the fixed term falls
within the first year of occupancy,
25
the landlord may terminate the tenancy without cause by
giving the tenant notice in writing
26
not less than 30 days prior to the specified ending date for
the fixed term, or 30 days prior
27
to the date designated in the notice for the termination of
the tenancy, whichever is later.
28
(c) Except as
provided by subsection (8) of this section, if the specified ending date for
29
the fixed term
falls after the
first year of
occupancy, the fixed
term tenancy becomes
a
30
month-to-month tenancy upon the expiration of the fixed term,
unless:
31
(A) The landlord and tenant agree to a new fixed term
tenancy;
32
(B) The tenant gives notice in writing not less than 30 days
prior to the specified ending
33
date for the
fixed term or
the date designated
in the notice
for the termination
of the
34
tenancy, whichever is later; or
35
(C) The landlord has a qualifying reason for termination and
gives notice as specified in
36
subsections (5) to (7) of this section.
37
(5) [Notwithstanding subsections
(3)(c) and (4)(b)
of this section,]
The landlord may
terminate a
38
month-to-month tenancy under subsection (3)(c)(B) of this
section at any time, or may terminate
39
a fixed term tenancy
upon the expiration
of the fixed
term under subsection
(4)(c) of this
40
section, by giving
the tenant notice
in writing not
less than [30] 90 days
prior to the date desig-
41
nated in the
notice for the
termination of the month-to-month tenancy
or the specified ending
42
date for the fixed term, whichever is later, if:
43
[(a) The dwelling
unit is purchased
separately from any
other dwelling unit;]
44
[(b) The landlord
has accepted an
offer to purchase
the dwelling unit
from a person
who intends
45
in good faith
to occupy the
dwelling unit as
the person’s primary
residence; and]
[2]
1
[(c) The landlord
has provided the notice, and written evidence of the offer to purchase
the dwelling
2
unit, to the
tenant not more
than 120 days
after accepting the
offer to purchase.]
3
(a) The landlord intends to demolish the dwelling unit or
convert the dwelling unit to a
4
use other than residential use within a reasonable time;
5
(b) The landlord intends to undertake repairs or renovations
to the dwelling unit within
6
a reasonable time and:
7
(A) The premises is unsafe or unfit for occupancy; or
8
(B) The dwelling
unit will be unsafe or unfit for occupancy during the repairs or reno-
9
vations;
10
(c) The landlord intends for the landlord or a member of the
landlord’s immediate family
11
to occupy the dwelling unit as a primary residence and the
landlord does not own a compa-
12
rable unit in
the same building
that is available
for occupancy at
the same time
that the
13
tenant receives notice to terminate the tenancy; or
14
(d) The landlord has:
15
(A) Accepted an offer to purchase the dwelling unit
separately from any other dwelling
16
unit from a
person who intends
in good faith
to occupy the
dwelling unit as
the person’s
17
primary residence; and
18
(B) Provided the notice and written evidence of the offer to
purchase the dwelling unit,
19
to the tenant not more than 120 days after accepting the
offer to purchase.
20
(6)(a) A landlord that terminates a tenancy under subsection
(5) of this section shall:
21
(A) Specify in the termination notice the reason for the
termination and supporting facts;
22
(B) State that the rental agreement will terminate upon a
designated date not less than
23
90 days after delivery of the notice; and
24
(C) At the time the landlord delivers the tenant the notice
to terminate the tenancy, pay
25
the tenant an amount equal to one month’s periodic rent.
26
(b) The requirements
of paragraph (a)(C)
of this subsection
do not apply
to a landlord
27
who has an ownership interest in four or fewer residential
dwelling units.
28
(7) A fixed term tenancy does not become a month-to-month
tenancy upon the expiration
29
of the fixed term if the landlord gives the tenant notice in
writing not less than 90 days prior
30
to the specified ending date for the fixed term or 90 days
prior to the date designated in the
31
notice for the termination of the tenancy, whichever is
later, and:
32
(a) The tenant
has committed three
or more violations of the rental agreement within
33
the preceding 12-month period and the landlord has given the
tenant a written warning no-
34
tice at the time of each violation;
35
(b) Each written warning notice:
36
(A) Specifies the violation;
37
(B) States that the landlord may choose to terminate the
tenancy at the end of the fixed
38
term if there
are three violations
within a 12-month
period preceding the
end of the fixed
39
term; and
40
(C) States that
correcting the third
or subsequent violation
is not a
defense to termi-
41
nation under this subsection; and
42
(c) The 90-day notice of termination:
43
(A) States that
the rental agreement
will terminate upon
the specified ending date for
44
the fixed term or upon a designated date not less than 90
days after delivery of the notice,
45
whichever is later;
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