HB 4401 - Requires Distribution of Unpaid Rent During State of Emergencies - Oregon Key Vote

Stage Details

Title: Requires Distribution of Unpaid Rent During State of Emergencies

See How Your Politicians Voted

Title: Requires Distribution of Unpaid Rent During State of Emergencies

Vote Smart's Synopsis:

Vote to pass a bill that requires distribution of unpaid rent during state of emergencies.

Highlights:

 

  • Prohibits a landlord from retaliating by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after (Sec. 9-1):

    • The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement;

    • The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;

    • The tenant has organized or become a member of a tenants’ union or similar organization;

    • The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;

    • The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action; or

    • The tenant has performed or expressed intent to perform any other act to assert, protect or invoke the protection of any right secured to tenants under any federal, state or local law.

  • Establishes a tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment (Sec. 12-1). 

  • Specifies that a landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely (Sec. 12-1).

  • Specifies the following are causes of unlawful holding by force (Sec. 14-1):

    • When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days;

    • When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement;

    • When the owner or possessor of a recreational vehicle that was placed or driven onto property without the prior consent of the property owner, operator or tenant fails to remove the recreational vehicle; and

    • When the person in possession of a premises remains in possession after the time when a purchaser of the premises is entitled to possession.

  • Prohibits landlord retaliation if the tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy (Sec. 18-1.a):

    • A building, health or housing code materially affecting health or safety;

    • Laws or regulations concerning the delivery of mail; or

    • Laws or regulations prohibiting discrimination in rental housing.

See How Your Politicians Voted

Title: Requires Distribution of Unpaid Rent During State of Emergencies

Vote Smart's Synopsis:

Vote to pass a bill that requires distribution of unpaid rent during state of emergencies.

Highlights:

 

  • Prohibits a landlord from retaliating by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after (Sec. 9-1):

    • The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement;

    • The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;

    • The tenant has organized or become a member of a tenants’ union or similar organization;

    • The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;

    • The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action; or

    • The tenant has performed or expressed intent to perform any other act to assert, protect or invoke the protection of any right secured to tenants under any federal, state or local law.

  • Establishes a tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment (Sec. 12-1). 

  • Specifies that a landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely (Sec. 12-1).

  • Specifies the following are causes of unlawful holding by force (Sec. 14-1):

    • When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due under the lease or agreement under which the tenant or person in possession holds, or to deliver possession of the premises after being in default on payment of rent for 10 days;

    • When the lease by its terms has expired and has not been renewed, or when the tenant or person in possession is holding from month to month, or year to year, and remains in possession after notice to quit or is holding contrary to any condition or covenant of the lease or is holding possession without any written lease or agreement;

    • When the owner or possessor of a recreational vehicle that was placed or driven onto property without the prior consent of the property owner, operator or tenant fails to remove the recreational vehicle; and

    • When the person in possession of a premises remains in possession after the time when a purchaser of the premises is entitled to possession.

  • Prohibits landlord retaliation if the tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy (Sec. 18-1.a):

    • A building, health or housing code materially affecting health or safety;

    • Laws or regulations concerning the delivery of mail; or

    • Laws or regulations prohibiting discrimination in rental housing.

Title: Requires Distribution of Unpaid Rent During State of Emergencies

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