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About Street roots. (Portland, OR) 1998-current | View Entire Issue (Jan. 17, 2014)
Street roots 11 Jan. 17,2014 2014 landlord-tenant law changes are on their way BY JUSTIN BURI any crime that would reasonably threaten or adversely affect the property of the landlord enters in Oregon had more reasons to or neighbor, or would threaten the health, celebrate this holiday season, as new safety or right to peaceful enjoyment of the premises by residents, the landlord, or tenant protections were added to Oregon’s Landlord-Tenant Law Jan. 1, 2014. someone employed by the landlord p i e Community Alliance of Tenants (CAT) is Oregon’s only grassroots, tenanted Non-Compliance Fees renters rights organization, and had a busy Under the law, a landlord can charge a and successful year in 2013, fighting and winning to expand housing opportunities for tenant a fee when the tenant breaks a rule or violates the lease, but the landlord has to hardworking Oregon tenants. follow certain rules to prevent abuse. Helping tenants with Section 8 vouchers A landlord can now charge a non- was our greatest achievement in 2013, but compliance fee for two additional violations: don’t get too excited yet That law doesn’t Smoking in a non-smoking building, unit or kick in until July 1. From then on, landlords common area; and keeping an unauthorized will no longer be able to Say “I don’t accept pet when the lease prohibits pets. (Disabled Section 8 ” and must give Section 8 tenants tenants with service or companioh animals the same fair shot as every other applicant. should ask for a “reasonable Section 8 wasn’t the only big win CAT accommodation” so they can live with their achieved in 2013. We also won other animal.) significant protections for tenants in three In the event of a first violation, the key areas: for tenants who have trouble landlord must issue a written warning that getting accepted into hpusing because of describes the violation and what fees will be previous evictions, arrests or convictions; charged if the tenant commits the same limits to how a landlord can require a tenant offense. to obtain renters’ insurance; and how a On the second, violation within one year, landlord can charge a non-compliance fee. the landlord may charge a $50 fee. These protections will help Oregon tenants For a third violation, and any others find and keep their housing — not get taken (within one year): the landlord can charge advantage of or overcharged while they are $50 plus 5 percent of the monthly rent 'living there, because everyone should have payment the opportunity to live in a safe, decent, For some violations, the landlord can affordable home. terminate the tenancy, by giving the tenant, a 30-day for-cause termination notice, but cannot charge a fee and terminate for the Rental applications and the same violation. screening process The landlord cannot deduct a fee from Some tenants have a hard time getting ren t A landlord cannot deduct a late fee or into housing because of previous evictions, non-compliance fee from a rent payment and bad credit, previous arrests or criminal claim that the tenant still owes ren t A rent convictions, or because they got a bad check goes to pay rent first, and any other reference from à previous landlord. We outstanding fees or balances only after ¿rent respect the right of landlords to carefully is paid in full. evaluate a rental applicant, but the The landlord must assess the fee within screening process should be fair and honest 30 days. This means th a t “Hey, I’m Here are the ways that tenants with “high charging you for this thing that happened 6 barriers” will have an easier time getting months ago” won’t work unless the landlord into housing in 2014: has documentation that the tenant was • A landlord cannot consider a previous notified and assessed the fee within 30 days eviction that was dismissed, won by the of the violation. tenant, ór older than 5 years. • A landlord cannot consider any arrest Renters’ Insurance that is not pending and did not result in a conviction. We at CAT think that renters’ insurance •A landlord can only consider certain is a good idea if it’s not too expensive. Itcan crimes that resulted in a conviction: drug- help protect your property from theft or related crimes, a sex offense, a person damage, and it can help protect you from crime, a crime involving financial fraud, or big bills if you accidentally cause damage to your apartment, like if you leave the stove or water faucet on. Until now, no one was really sure if landlords could require a tenant to buy renters’ insurance as part of the lease, but now it is clear, and tenants have some great protections so it isn’t overly burdensome. If renters insurance Starting July 1, landlords is required, the w ill no longer be able to say landlord must notify " I don't accept Section 8" the tenant before the and must give Section 8 lease is signed, along tenants the same fair shot as with the amount of ther applicant. coverage required (up to $100,000 in most cases). The landlord must also carry insurance and show proof if the tenant asks. A landlord cannot use the insurance requirement to unreasonably harass the tenant. Low-income tenants who earn less than 50 percent of the median family income, or tenants living in subsidized housing are exempt from any requirement to buy renters’ insurance. Any claim by the landlord to the tenant’s insurance must be an amount greater than the tenant’s security deposit, and cannot be for normal wear and tear, an act of God or damage caused by the landlord. If the landlord files a frivolous claim against the tenant’s insurance, the tenant can sue for any damages, plus $500. C O N T R IB U T IN G W R IT E R * Justin B u riisth e deputy director of Community Alliance o f Tenants. Formed in 1996, the Community Alliance o f Tenants (CAT) is Oregon’s only statewide, grassroots, tenant-controlled, tenant-rights organization. R TlieTaft H om e Know your rights, protect yourself Landlord-tenant law in Oregon can be ; detailed, complicated and confusing. It’s > important that tenants know what the law is and what their rights are so they can protect themselves when they are looking for housing, signing a lease and while they are living there. We spend so much money on and time in our homes, and we should all have the right to feel secure and safe. Knowing your rights, and documenting when something goes wrong is the best way to ensure that tenants are healthy, safe and free from abuse or harassment from the landlord. If you have any questions, please call the Renters’ Rights Hotline at 503-288- 0130, or visit our website at www.oregoncat org. c r e a t in g c o m m u n ity , c r e a t in g c h a n g e , t o g e t h e r SISTERS OFTHE ROAD We ore— } } W here senior and disabled adults receive the care and respect they deserve. } Call us for more information } (503)223-2144 1337 S.W. Washington, Portland, OR 97205 www.tafthome.org Hospitality & Friendship Community change through the Homeless Bill of Rights Campaign Working together for nonviolence & justice And don’t forget fun! I l l ore w elcem e ~ Monday-Friday, 10am - U O pm 113 NW 6th Ave. in Portland 503-222-5694 w w w .s is t e r s o ft h e r o a d .o r g Poverty
