HB 4213 - Prohibits Evictions for Nonpayment During Emergency Period - Oregon Key Vote
Timeline
- Executive Signed
- June 30, 2020
- Senate Bill Passed
- June 26, 2020
- House Bill Passed
- June 26, 2020
- Introduced
- June 24, 2020
Related Issues
Stage Details
Title: Prohibits Evictions for Nonpayment During Emergency Period
Signed by Governor Kate Brown
Title: Prohibits Evictions for Nonpayment During Emergency Period
Vote Smart's Synopsis:
Vote to pass a bill that prohibits residential and commercial evictions for nonpayment during the emergency period.
Highlights:
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Prohibits a landlord from threatening to (Sec 3):
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Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance;
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Take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after April 1, 2020;
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Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance;
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Assess a late fee or any other penalty on a tenant’s nonpayment; or
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Report a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency.
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Requires a landlord to apply the following payments in order before applying payments received from a tenant or on behalf of a tenant’s nonpayment balance (Sec 3):
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Rent for the current rental period;
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Utility or service charges;
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Late rent payment charges; and
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Fees or charges owed by the tenant related to damage claims or other claims against the tenant.
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Authorizes a landlord to provide a written notice during the emergency period to a tenant stating that the tenant continues to owe any rent due and eviction for nonpayment is not allowed before September 30, 2020 (Sec 3).
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Prohibits a landlord from delivering a termination notice during the emergency period without cause (Sec 3).
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Specifies the “emergency period” as the period beginning on April 1, 2020, and ending on September 30, 2020 (Sec 3).
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Extends “the first year of occupancy” to a period lasting until 30 days following the emergency period (Sec 3).
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Specifies that following the emergency period, a tenant with an outstanding nonpayment balance has a 6-month grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance (Sec 3).
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Authorizes a landlord to deliver a written notice to a tenant following the emergency period that states (Sec 3):
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The date that the emergency period ended;
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That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;
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That the nonpayment balance that accrued during the emergency period is still due and must be paid;
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That the tenant will not owe a late charge for the nonpayment balance;
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That the tenant is entitled to a 6-month grace period to repay the nonpayment balance; and
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That rents and other charges of fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy.
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Requires a tenant with an outstanding balance to notify the landlord that they will be utilizing the 6-month grace period (Sec 3).
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Specifies that if a tenant fails to give the required notice, the landlord is entitled to recover damages equal to 50 percent of one month’s rent following the grace period (Sec 3).
Title: Prohibits Evictions for Nonpayment During Emergency Period
Title: Prohibits Evictions for Nonpayment During Emergency Period
- Ginny Burdick (OR - D)
- Shemia P. Fagan (OR - D)
- Julianne 'Julie' Fahey (OR - D)
- Christopher S. 'Chris' Gorsek (OR - D) (Out Of Office)
- Mark D. Hass (OR - D) (Out Of Office)
- Paul R. Holvey (OR - D)
- Alissa Keny-Guyer (OR - D) (Out Of Office)
- Tina Kotek (OR - D)
- Pam J. Marsh (OR - D)
- Tiffiny K. Mitchell (OR - D) (Out Of Office)
- Courtney B. Neron (OR - D)
- Rob A. Nosse (OR - D)
- Carla C. Piluso (OR - D) (Out Of Office)
- Karin Power (OR - D)
- Michael Jeff Reardon (OR - D)
- Tawna Sanchez (OR - D)
- Sheri L. Schouten (OR - D)
- Barbara Smith Warner (OR - D)
- Robert 'Rob' Wagner (OR - D)