Penalties for mistakes made can be expensive, we recommend you consult an attorney before you take any action against your resident(s).
HB 4401 requires Housing Providers to send the Notice of Eviction Protection and the Tenant Declaration form under certain circumstances. During the new Grace Period, if a Housing provider serves a 72- or 144-hour notice for non-payment (remember these are now 10- or 13-day notices through the end of June) for current rents due, serves any notice for termination for non-payment of rent or other charges, or sends a statement of account indicating that the resident has through March 31, 2021 to pay amounts owing that accrued during the Emergency Period that ended December 31, 2020, these forms MUST be included.
Residents must provide a signed declaration for household or tenancy declaring financial hardship, delivered to the Housing Provider in writing, email, text message or other method reasonably calculated to achieve receipt. If the declaration is provided to the Housing Provider, they are entitled to withhold payment and are not considered in default unless they fail to pay the balance by June 30, 2021.
Housing Providers are not required to send the Notice of Eviction Protection and the Tenant Declaration if they intend to allow their residents the full Grace Period through June 30, 2021.
You can see the final version of the bill here:
House Bill 4401 (Dec 2020)
To read more about the House Bill 4401 (Moratorium 3.0) defined by Brian Cox Attorney, read his news article:
House Bill 4401 ~ Moratorium 3.0 Explained
Requires Housing Providers to provide impacted Residents with written notice informing them of their right to submit a declaration of financial hardship made under penalty of perjury in a form proscribed in HB 4401. Sample Form:
Notice of Eviction Protection & Declaration of Financial Hardship
Housing Providers may find updated information on the Oregon Housing and Community Services landlord compensation fund by visiting:
https://www.oregon.gov/ohcs/housingassistance/Pages/Landlord-tenant-resources.aspx
