Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that prohibits residential and commercial evictions for nonpayment during the emergency period.

Highlights:

• Prohibits a landlord from threatening to (Sec 3):

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

• Take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after April 1, 2020;

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

• Assess a late fee or any other penalty on a tenant’s nonpayment; or

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

• 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):

• Rent for the current rental period;

• Utility or service charges;

• Late rent payment charges; and 

• Fees or charges owed by the tenant related to damage claims or other claims against the tenant.

• 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).

• Prohibits a landlord from delivering a termination notice during the emergency period without cause (Sec 3).

• Specifies the “emergency period” as the period beginning on April 1, 2020, and ending on September 30, 2020 (Sec 3).

• Extends “the first year of occupancy” to a period lasting until 30 days following the emergency period (Sec 3).

• 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).

• Authorizes a landlord to deliver a written notice to a tenant following the emergency period that states (Sec 3):

• The date that the emergency period ended;

• That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;

• That the nonpayment balance that accrued during the emergency period is still due and must be paid;

• That the tenant will not owe a late charge for the nonpayment balance;

• That the tenant is entitled to a 6-month grace period to repay the nonpayment balance; and

• 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.

• Requires a tenant with an outstanding balance to notify the landlord that they will be utilizing the 6-month grace period (Sec 3).

• 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).

Full Bill Text