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)
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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.
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