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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Oct. 5, 1973)
Many new laws take effect today Some grass possession penalties lessened By JOSH MARQUIS Of the Emerald Today Oregon has what some term the most progressive laws regulating the use of marijuana in the United States. House Bill 2936 classifies possesion or use of less than one ounce of marijuana as a “violation,” with a maximum possible fine of $100. The 1971 Criminal Code provides for the classification of violation, which is not a crime as such and carries no criminal sanctions. Previously, possission of marijuana was considered a class A misdemeanor, carrying a possible one year jail sentence. University Law Professor Herb Titus explained that although the law has been changed, people should not make the mistake of assuming there is no risk in the use or possession of marijuana. As Titus pointed out while the legislature reformed the provision regarding possession or use of less than an ounce of (Continued on Page 12) / Does the new marijuana law make passing a joint among friends legal? Not necessarily. Emerald reporter Josh Marquis found that the interpretation of the new law all depends on what county you live in. Rights defined for landlords and tenants By KATHLEEN GLANVILLE Of the Emerald The controversial “Residential Landlord and Tenant Act” goes into effect today. In the months to come opponents of the act will either be vin dicated by ensuing chaos in the rental business or landlord-tenant relations will proceed much as usual. A long legislative battle followed the first hearing on SB 159, a comprehensive revision of landlord-tenant laws. Landlords and tenants flocked to Salem throughout the winter to testify on the pros and cons of the proposed legislation. Major provisions of the bill require landlords to return deposits to tenants, provide “fit” and “habitable” living conditions in compliance with local building and health codes. The bill also outlines obligations of the tenant to maintain the rental unit in a clean and safe condition, grant the landlord “reasonable access” to the unit and abide by “reasonable” regulations. According to its proponents, the bill is an attempt to balance the rights, obligations and remedies of both landlord and tenant and to raise the tenant to a position of equality with the lan dlord. During hearings, landlords, protested that the legislation leaves them wide open to litigation, that loopholes existed in the bill because of am biguity in its wording. The Oregon Apartment Association asserted that legislation was un necessary and that enforcement of present laws would solve most problems. The bill was revised several times before it reached its present form. When it was first in traduced it included sections which dealt with the tenant’s right to repair and deduct the costs of those repairs from his rent. These sections were major targets of landlords who had visions of tenants wildly deducting leaky faucets and worn out light bulbs from their rent. The right to repair sections were deleted from the bill in a compromise move which left in a section abolishing the landlord “lein law,” which allowed a landlord to confiscate a tenant’s property to pay for damages or rent due. As of today a tenant has the following rights: - To a habitable and livable house or apart ment, which includes adequate plumbing, heat, and light. - To essential services. Facilities must be provided, but the tenant may be responsible for paying. — To demand the end of the rental agreement if the landlord fails to provide habitable premises. — To a written accounting of the use of the security deposit and a return of any unused deposit within 30 days after moving. — To your personal property if you are evicted. - To complain to the landlord or government agencies about code violations and to join a tenants union, without fear of retalitory eviction. — To written notice of the owner’s name and address. The landlord has the following rights: - To terminate the lease if the tenant violates the rental agreement or their responsibilities. The landlord must give thirty days notice if the rent is paid, however if the rent is 10 days overdue the landlord can serve written notice of cancelling the agreement if the rent is not paid within 24 hours. - To access to the property with a 24 hour notice, except in emergencies. - To collect a security deposit from tenants and to use that deposit to pay from damage to property or overdue rent. — To raise rent upon 30 days notice for rental agreement, but not a lease. New rental agreements made after today will come under the new law, however, leases signed before today can contain provisions outlawed by the new Act. ASUO Off-Campus Housing suggests that you seek advice before implementing remedies provided under the new bill to determine your standing. Should the bill stimulate a flood of litigation as some have gloomily predicted, landlords assert that many owners will be frightened out of renting low-cost housing. Students who are confused or unsure about certain provisions of the new law should pick up a copy of the OSPIRG Renter’s Handbook available in the ASUO Off-Campus Housing Office. The handbook sets out all rights and responsibilities of both sides in clear, consise language which is aimed at preventing the abuse of the new law that landlords fear will occur. _j