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HB 4213 - Prohibits Evictions for Nonpayment During Emergency Period - Oregon Key Vote

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Title: Prohibits Evictions for Nonpayment During Emergency Period

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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:

 

  • 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).

Title: Prohibits Evictions for Nonpayment During Emergency Period

Title: Prohibits Evictions for Nonpayment During Emergency Period

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