Provided to the Rental Housing Alliance Oregon by Rainmakers Government Strategies

As you can see in this list of bills that passed, most of what we opposed was thwarted – all bills we were
tracking that succeeded are detailed below. The Governor has until July 25 to sign, veto, or allow
legislation to become law without her signature.

Rent Control
SB 611 Added Cap to Rent Control Statute Effective Upon Passage
Modifies the maximum annual residential rent increase for affected units to the lesser of 10 percent, or
seven percent plus the consumer price index one-year change. It clarifies language applying the rent
increase limit to units from which a tenant was evicted and language limiting increases to once during
any 12-month period on tenancies other than week-to-week tenancies.
Some background:
• As introduced, SB 611 would have:
o Changed rent control – from 7% + CPI to 3% + CPI capped at 8%
o Changed age of building exemption from rent caps from less than 15 years to less than 3
years.
o Changed relocation fee for Just Cause eviction from 1 month rent paid to tenant to 3
months.
o Retained exemption to relocation fee requirements for landlords with fewer than 5
units.
• Negotiated outcome:
o Same as prior rent control – just added cap of 10%

Died:
• HB 2754 – Limits terminations and rent increases for senior tenants of publicly supported housing
following termination of affordability restrictions.
• HB 3162 – Exempts from state preemption of rent control cities with populations of 200,000 or
fewer that adopt local standards to promote housing stability and cities with populations greater
than 200,000.
• HB 3501 – Repeals prohibition on local rent control. Allows local governments to set rental rates
in alignment with local cost of living and other needs.
• HB 3503 – Repeals prohibition on local rent control.

Landlord Business
SB 599 & HB 2468 Child Care Effective January 1, 2024
Requires landlords to allow dwelling to be used as family child care home, subject to conditions, and
authorizes the Early Learning Council to adopt by rule reasonable requirements for landlords of tenants
who operate certified family child care home in tenant’s dwelling.

• SB 599 requires landlord to allow tenant to use dwelling as family child care home, and take
reasonable steps to cooperate with tenant to do so, with caveats:
o Tenant has notified landlord.
o Tenant must have home certified or registered with Office of Child Care (this is a
regulated process).
o Landlord can require tenant to pay for costs of modifying dwelling to meet certification
or registration requirements.
o Landlord can prohibit uses not allowed under zoning, association governing documents,
or Early Learning Council rules.
o Landlord can require tenant to carry surety bond or liability policy in addition to renter’s
insurance.
o Landlord can require parents of children under care to sign document acknowledging
liability for losses from injuries.
o Exempts housing for older persons.

• HB 2468 as amended adds to Early Learning Council rulemaking authority over “landlords” when
tenant unit is involved in child care – this was a technical addition needed for SB 599 and does
not include any specific guidelines.

HB 3417 Landlord Guarantee Fund Change Effective Upon Passage
Expands OHCS Housing Choice Landlord Guarantee program eligibility to include reimbursement to
landlords for damage caused by tenants receiving rental assistance under specified rehousing initiatives.
Need to point out that this bill came at the request of Governor Kotek.

HB 3443 Bias Crime Victim Protections Effective January 1, 2024
Among a number of changes to bias crime laws, legal procedures, protections, training and reporting,
the measure expands certain rights for victims of bias crimes. This includes adding victim of bias crime to
the other classes of individuals currently protected in Oregon’s landlord tenant laws. So changes all
language this way: “…relating to domestic violence, sexual assault, bias crime or stalking…”

Died:
• HB 2733 – Increases amount residential landlord owes tenant for landlord-cause termination of
tenancy. Limits annual rent increases.
• HB 2956 – Requires Housing and Community Services Department to study statewide rental
housing inspections.
• HB 3088 – Establishes Rent Reporting Pilot Program in Housing and Community Services
Department.
• HB 3169 – Requires annual registration and fee for each rental residential dwelling and vacation
occupancy with Housing and Community Services Department.
• HB 3476 – Requires residential landlords to accept personal checks, cashier’s checks and money
orders.
• SB 434 – Creates Eviction Mediation Program within Housing and Community Services
Department.
• SB 601 – Requires owners of multifamily rental housing to offer right of first refusal to tenants
who form tenant committee and membership entity.
• SB 799 – Requires residential landlords to extend notice periods for terminations of tenancy
based on nonpayment of rent and to include additional notices.

Applications and Screening Effective January 1, 2024
Requires landlord refund applicant screening charge within 30 days if vacant dwelling unit is filled before
the application has been screened, or if applicant withdraws application prior to any screening activity.
Increases maximum amount eligible applicant may recover for landlord noncompliance from twice the
screening charge plus $150 to twice the screening charge plus $250. Requires landlords using tenant
screening companies or consumer credit reporting agencies to provide applicant with confirmation of
screening, including copy of receipt from each company or agency. Adds nondiscrimination for gender
identity, and applicant’s right to a refund of screening charge, to required notice provided by landlord
prior to acceptance of screening charge payment.
As background, the introduced bill required landlord to refund screening charge within 14 days.

SB 1069 Electronic Communication Effective January 1, 2024
Current residential landlord and tenant law requires that written notices between a landlord and tenant
be provided by mail or through in-person means. Allows residential landlord and tenant to agree to the
provision of written notices through electronic mail, if allowed by and as specified under a written
addendum to rental agreement that is executed by both parties after a tenancy begins and the tenant
has occupied the premises. Provides language to which addendum must substantially adhere, including
that electing to receive notice by email is voluntary. Specifies a party to a rental agreement may only use
electronic mail notifying termination of tenancy if allowed by addendum and if termination notice is
sent by both first-class mail and electronic mail. Clarifies termination notice delivery methods required
for notice periods specified in hours. Allows electronic return of security deposit or prepaid rent upon
termination of tenancy, upon written request of tenant after tenancy began.

Died:
• HB 3237 – Allows local governments to adopt maximum applicant screening charges.
• SB 684 – Limits applicant screening charge to $10.
• SB 935 – Prohibits landlords from denying application for tenancy based on certain rental or
financial screening or admissions criteria if applicant is refugee from Ukraine.

Publicly Supported Housing
HB 3042 Limits Rent Increases 3 Years After Withdraw Effective January 1, 2024
Prohibits a landlord or owner of formerly publicly supported housing from terminating a tenancy in the
three years from the date a property is withdrawn from publicly supported housing, It prohibits a
landlord or owner of a property withdrawn from publicly supported housing from providing a rent
increase notice to tenants more than once per calendar year in the three-year period following the
termination date, subject to state requirements on rent increase limits, and with certain exceptions.

Manufactured Dwellings & RVs
HB 2634 Recreational Vehicle Parks Effective January 1, 2024
Clarifies that RV tenancies are not subject to Landlord and Tenant Act provisions governing
manufactured dwelling facilities. It expands the definition of “vacation occupancy” to include
occupancies of up to 90 days at an RV park, provided the space is used for vacation purposes, is not the
occupant’s primary residence, the RV must be removed from the park at the end of the occupancy
period before a new occupancy may begin, and the occupant signs a written agreement acknowledging
it is a vacation occupancy. The measure distinguishes RVs from manufactured dwellings and describes
landlord or RV park owner rights related to notice and disposal of abandoned RVs.

HB 3151 Tenant Improvements Effective January 1, 2024
Limits and specifies the improvements a manufactured dwelling park landlord may require tenants to
construct or repair as part of a rental agreement. The measure extends the sunset for the Manufactured
and Marina Communities Dispute Resolution Advisory Committee and legal assistance grants for low
income facility tenants addressing disputes to January 2, 2027. The measure also allows manufactured
dwelling park loan funds to be used for the development of new parks and adds specified ownership
types within an existing requirement that local governments allow siting of manufactured dwelling parks
in certain nonresidential zones without requiring a zone change or conditional use permit, subject to
conditions.

Homelessness/Housing
SB 893 2021 Task Force Recommendations Effective Upon Passage
Directs OHCS to modify its funding structure based on recommendations from the Task Force on
Homelessness and Racial Disparities. It directs OHCS to provide a report to a housing-related committee
of the Legislative Assembly about the changes and recommended homeless program adjustments by
March 15, 2024. The measure allows OHCS to design policy directed toward federally recognized tribes,
community action agencies, continuums of care, and culturally specific organizations, and it gives OHCS
the authority to support or develop homelessness-specific programs and systems. Details.

HB 2001 Oregon Housing Needs Analysis Effective Upon Passage
HB 2001 establishes the Oregon Housing Needs Analysis and associated housing production targets and
reporting requirements. The bill includes provisions related to youth homelessness, provides for
modular housing development, and includes funding for housing predevelopment loans and agricultural
workforce housing. Renter notification requirements are extended when rental agreements will be
terminated for non-payment, and eviction records can be sealed in certain circumstances. Emergency
procurement authority is granted to the Housing and Community Services Department to address
homelessness and provide services within the OR-505 Balance of State Continuum of Care. The bill
includes resources to carry out various provisions of the bill, including General Fund appropriations to
the following agencies:
• $1.5 million to the Housing and Community Services Department to support five positions for
duties related to the Oregon Housing Needs Analysis and modular housing grants and loans;
• $6.3 million to support seven positions for the Department of Land Conservation and
Development related to implementing the Oregon Housing Needs Analysis;
• $613,925 for the Oregon Facilities Authority to administer moderate income housing
predevelopment loans; and
• $524,762 for one position in the Department of Agriculture, to develop and administer
agricultural workforce housing grants

HB 5019 HB 2001 companion Effective Upon Passage
To support HB 2001 and for immediate distribution for new homeless prevention work, appropriates a
net $128.2 million to the Housing and Community Services Department; $1.6 million to the Department
of Emergency Management; and $19.9 million to the Department of Human Services. $30.6 million in
funds from the Housing and Community Services Department’s 2021-23 budget are repurposed to
support these efforts. Includes $26 million split 80% to rent assistance 20% to EPRR (fast track
emergency assistance)

5B 511 is the budget bill for the Housing and Community Services Department, a total budget of over $2.5 billion

$111.2 million for continuing shelter and rehousing services in response to the Governor’s emergency declaration on homelessness.
• $24.1 million for operating support to existing shelters.
• $55 million for rental assistance.
• $6 million for eviction prevention and tenant resources.
• $7.5 million for down payment assistance.
• $2.5 million for foreclosure avoidance counseling.
• $2.5 million for decommissioning and replacement of manufactured housing.
• $9.7 million to establish a predevelopment loan program within the Department.
• Permanent funding for increased capacity in central services functions such as human resources,
policy, communications, fiscal reporting, and information technology.
• OHCS has developed this document to describe impacts on policy and funding 2023 Session.
Additionally, SB 5506 says, “In addition to and not in lieu of any other appropriation, there is
appropriated to the Emergency Board, for the biennium beginning July 1, 2023, out of the General Fund,
the amount of $39,000,000, to be allocated to the Housing and Community Services Department to
pay for long term rental assistance.

HB 2761 Financing of Affordable Units Effective January 1, 2024
Expands OHCS’ ability to finance the portion of certain housing developments that are affordable to
households earning at or below 120 percent of area median income, subject to limits established by the
Oregon Housing Stability Council.

HB 2889 OHNA changes Effective Upon Passage
Clarifies and adds provisions to legislation enacted in House Bill 2001 (2023), which established the
Oregon Housing Needs Analysis (OHNA). The measure defines “development-ready lands” and allows
DLCD to refer a city to the department’s housing acceleration program based on a city’s progress,
proportionate to its population size, toward housing production targets, including for families earning
less than 80 percent of the median family income. Allows cities and counties additional method to
designate urban reserves. The measure clarifies OHNA requirements for Metro, and it directs the Land
Conservation and Development Commission to equally weigh statewide housing, economic
development, and transportation goals in evaluating whether local government comprehensive plan
amendments are subject to the commission’s review.

HB 2984 Commercial to Residential Conversion Effective January 1, 2023
Bill requires local governments to allow conversion of a building from commercial to residential use
without requiring a zone change or conditional use permit. Clarifies housing developed under Act may
occur only within an urban growth boundary for cities with populations of 10,000 or greater, and not on
lands zoned for heavy industrial use. Allows local governments to require payment of system development
charge (SDC) if charge is based on specific commercial to residential conversion policy adopted by a local
government on or before December 31, 2023 or is for water or wastewater and offset by any SDCs paid
when building was originally constructed. Prohibits enforcement of parking minimums greater than those
required for existing commercial or residential use.

HB 3395 Affordable Housing Effective Upon Passage
HB 3395 consolidates several housing-related policy bills and appropriates a total of $48.5 million
General Fund to support housing-related development and activities. The bill includes the following
provisions:
• Allows affordable housing on lands zoned for commercial uses within urban growth boundaries.
• Allows local governments to extend decision-making period for application to develop
residential structures within urban growth boundary or to reconsider land use decision for
development of residential structures.
• Makes permanent requirements that local governments allow siting of certain emergency
shelters, conditioned upon latest estimates of percentage of individuals experiencing
homelessness.
• Restricts local governments’ ability to regulate condominium form of ownership.
• Requires local governments to allow certain single room occupancies in residential zones.
• Requires more cities to allow duplexes on certain lands zoned to allow single-family dwellings.
• Provides technical assistance grants to local governments.
• Funds affordable housing support for low-income college students.
• Grants for the development of community-based housing for agricultural employees.
• Grants to support housing and community development for cities, counties, and tribes.
• Matching funds for a revolving loan fund to augment equity accrual for certain home buyers.
• Development of affordable housing loan guarantee funds,
• Expansion of the Emergency Housing Account to allow for support of individuals with
companion animals.
• $48.5 million from the General Fund to support the projects included in the bill.
Property Taxes

HB 2080 Extends expands and modifies property tax expenditures, including property tax for affordable multiunit rental housing, limited equity cooperative corporations.

• Modifies property tax exemption by authorizing city or county to establish alternate schedule
for property tax exemption for new or rehabilitated multi-unit rental housing.
HB 2086 Corrections to Values Effective 91 days after Sine Die
Allows petitioner to request correction to property tax roll for current tax year and up to five preceding
years. Makes corrections of assessment and tax roll mandatory. Requires Department of Revenue to add
information to property tax bill about how to contact county assessor with questions if property’s
assessed value for current tax year increased by more than three percent over prior tax year. Applies to
tax years beginning on or after July 1, 2024.

SB 919 Property Tax Exemptions Effective 91 days after Sine Die
Authorizes city or county to adopt five-year property tax exemption for newly constructed accessory
dwelling unit, or newly converted duplex, triplex or quadplex, that is used as occupant’s primary
residence. Originally automatic property tax exemption for ADUs and convert to multifamily – LOC
convinced change to local option… Vacation rentals not eligible – permanent long-term housing only
(owner certified on application).