Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that extends the time period for late rent payments through the end of February 2022.

Highlights:

• Defines “emergency period” as the period beginning on April 1, 2020, and ending on December 31, 2020, except as the period may be extended through June 30, 2021 (Sec. 1-1.a).

• Defines “nonpayment” as the nonpayment of a payment that becomes due during the emergency period to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement (Sec. 1-1.c).

• Prohibits a landlord from doing, or threatening to do the following (Sec. 1-2):

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

• Initiate or continue an action to take possession of a dwelling unit based on a notice of termination for nonpayment delivered during the emergency period;

• 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; 

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

• File an action to recover the nonpayment balance.

• Specifies if the emergency period is extended, the notice must also include a statement that eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before February 28, 2022 (Sec. 1-5.b).

• Prohibits a landlord from considering an action to recover possession when evaluating an applicant if the action (Sec. 8-1):

• Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application; or

• Resulted in a general judgment against the applicant that was:

• Entered five or more years before the applicant submits the application; or

• Entered on claims that arose on or after April 1, 2020, and before March 1, 2022.

• Prohibits the landlord from considering criminal convictions and charging history when evaluating an applicant unless the conviction or pending charge is for conduct that is (Sec. 10-3):

• A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

• A person crime;

• A sex offense;

• A crime involving financial fraud, including identity theft and forgery; or

• Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

• Property of the landlord or a tenant; or

• The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent.

• Requires the applicant to serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action. Within 30 days of service of the motion, if a written objection is filed, the court will schedule a hearing (Sec. 11-2)..

• Prohibits a landlord from enforcing a restriction by any means including assessing a fee or terminating the tenancy, if the restriction is based on (Sec. 14-1):

• A maximum occupancy guideline for the number of tenants or guests lower than an amount required by federal, state or local law or regulation.

• The maximum duration of a guest’s stay in the tenancy.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that extends the time period for late rent payments through the end of February 2022.

Highlights:

• Defines “emergency period” as the period beginning on April 1, 2020, and ending on December 31, 2020, except as the period may be extended through June 30, 2021 (Sec. 1-1.a).

• Defines “nonpayment” as the nonpayment of a payment that becomes due during the emergency period to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement (Sec. 1-1.c).

• Prohibits a landlord from doing, or threatening to do the following (Sec. 1-2):

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

• Initiate or continue an action to take possession of a dwelling unit based on a notice of termination for nonpayment delivered during the emergency period;

• 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; 

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

• File an action to recover the nonpayment balance.

• Specifies if the emergency period is extended, the notice must also include a statement that eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before February 28, 2022 (Sec. 1-5.b).

• Prohibits a landlord from considering an action to recover possession when evaluating an applicant if the action (Sec. 8-1):

• Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application; or

• Resulted in a general judgment against the applicant that was:

• Entered five or more years before the applicant submits the application; or

• Entered on claims that arose on or after April 1, 2020, and before March 1, 2022.

• Prohibits the landlord from considering criminal convictions and charging history when evaluating an applicant unless the conviction or pending charge is for conduct that is (Sec. 10-3):

• A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

• A person crime;

• A sex offense;

• A crime involving financial fraud, including identity theft and forgery; or

• Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

• Property of the landlord or a tenant; or

• The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent.

• Requires the applicant to serve a copy of the motion filed under subsection (1) of this section upon the person who was the plaintiff in the action. Within 30 days of service of the motion, if a written objection is filed, the court will schedule a hearing (Sec. 11-2)..

• Prohibits a landlord from enforcing a restriction by any means including assessing a fee or terminating the tenancy, if the restriction is based on (Sec. 14-1):

• A maximum occupancy guideline for the number of tenants or guests lower than an amount required by federal, state or local law or regulation.

• The maximum duration of a guest’s stay in the tenancy.

Full Bill Text