HOUSE COMMITTEE ON HUMAN SERVICES AND HOUSING 

February 28, 2017 

Hearing Room E 

08:00 AM STAFF PRESENT: Cassandra Soucy, LPRO Analyst Ashley Clark, Committee Assistant 

EXHIBITS: Exhibits from this meeting are available here 

MEASURES/ISSUES: Work Session Informational Meeting Landlord-Tenant Law 

Work Session Informational Meeting VIDEO 

00:04:16 Landlord-Tenant Law - Informational Meeting 

00:04:17 Chair Keny-Guyer 

00:04:37 Jeff Edinger, President, Multifamily NW 

00:11:02 EXHIBIT 9: Jim Straub, Legislative Director, Oregon Rental Housing Association 

00:18:15 Rep. Stark MEMBERS PRESENT: Rep. Alissa Keny-Guyer, Chair Rep. Andy Olson, Vice-Chair Rep. Tawna Sanchez, Vice-Chair Rep. Chris Gorsek Rep. Dallas Heard Rep. Mark Meek Rep. Mike Nearman Rep. Ron Noble Rep. Carla Piluso Rep. Duane Stark 

00:19:19 Vice-Chair Sanchez 

00:22:36 Rep. Meek 

00:24:52 Rep. Gorsek 

00:25:27 EXHIBITS 10-12: John VanLandingham, attorney, Lane County Legal Aid and Advocacy 

00:42:35 Rep. Nearman 

00:45:31 Vice-Chair Olson 

00:49:20 Yoni Kahn-Jochnowitz, attorney, Fair Housing Council of Oregon 

00:58:04 EXHIBIT 13: Dr. Eric Fruits, economist, Portland; adjunct professor, Portland State University 

01:04:58 Shaun Jillions, Oregon Association of Realtors 

01:18:48 EXHIBIT 14: Dr. Stephen Barton, Former Director, Berkeley Housing Department, Berkeley Rent Stabilization Board 

01:45:13 Martha McLennan, Executive Director, NorthWest Housing Alternatives 

01:54:59 Meeting Adjourned

Testimony starts at 8:00 am Thursday March 2nd. Oregon State Capital, Hearing room F Start making your plans to attend.

Friday, February 24th 2017

Dear Members, Thank you to all those that have made arrangements to attend the hearing on HB 2004. We NEED to fill the seats in the hearing room!  We have to be represented and only you can help. You will find text of the measure in this link HB 2004. If you plan to testify, please prepare a short statement (less than two minutes in length) as to how this bill will impact you as landlords. Let me know if I can help. HB 2004 PROHIBITS landlords from terminating a month-to-month tenancy without cause, except under certain circumstances, with 90 days' written notice and payment of relocation expenses that could be upwards of $5000. It also REQUIRES fixed term tenancies to become month-to-month tenancies on the ending date, unless the tenant elects to renew or terminate tenancy and requires the landlord to make tenant an offer to renew fixed term tenancy. Repeals the statewide prohibition on city and county ordinances controlling rents. Declares emergency making it effective on passage. WE MUST STOP THIS! WE NEED YOU  IN SALEM! If you plan to go, please contact Jim Straub, ld@oregonrha.com Thanks in advance! Jim Straub ORHA Legislative Director

Rep. Bentz to Join Governor Brown & Sen. Ferrioli On Visit to Ontario to Review Snow Damage 

ONTARIO—Rep. Cliff Bentz (R-Ontario), Sen. Ferrioli (R-John Day), and Governor Kate Brown will visit Ontario today to tour the snow damage. 

There will be a public meeting at 12:45pm (MST) at the Four Rivers Cultural Center in the Medical Arts Room (676 SW 5th Ave, Ontario). Everyone is encouraged to attend to share with the Governor the challenges presented by this historical snowfall. The Governor’s press release regarding this visit is attached below: 

### PRESS ADVISORY

 February 9, 2017 Media Contact: Chris Pair, 503-559-5938 Bryan Hockaday, 503-580-7836 

Governor Kate Brown to Visit Ontario to Support Recovery Efforts from Winter Storm Destruction (Salem, OR) — Governor Kate Brown will tour the City of Ontario in Malheur County Friday to support recovery efforts from damage caused by consecutive, record-breaking winter storms. Governor Brown will meet with local officials, business leaders, and community members during a storm damage assessment tour of Ontario. Following the tour, Governor Brown will join Idaho Governor Butch Otter for a joint press conference to address storm damage and efforts to aid recovery and provide relief to local communities, farms, and business. 

In response to winter storm conditions that worsened in December, Governor Brown issued a statewide declaration of emergency to provide to communities, including Malheur County, all available state resources to ensure safety and support storm recovery efforts. 

As winter storms continued and Malheur County and the City of Ontario experienced additional damage to buildings and agricultural structures, Governor Brown issued a Jan. 31 Emergency Order to ease and expedite ongoing recovery coordination. The Governor's order delegates discretion to the Oregon Department of Environmental Quality to temporarily suspend certain DEQ rules to accelerate DEQ-approved demolition and removal plans of building collapsed as result of severe winter storms of Malheur County. Members of the media are invited to attend Governor Brown's tour of Ontario and joint press conference with Idaho Governor Otter. 

If planning to attend or for additional information, please contact Bryan Hockaday, 503-580-7836. 

Friday, February 10 

11:00 a.m. Driving Tour of Ontario Storm Damage Departs from Ontario Municipal Airport 581 SW 33rd St. Ontario 

12:45 p.m. Meeting with Local Officials and Community Leaders Four Rivers Cultural Center, Medical Arts Room 676 SW 5th Ave. Ontario 

4:00 p.m. Joint Press Conference with Oregon Gov. Kate Brown and Idaho Gov. Butch Otter Location to be announced by 10:00 a.m. ###

 www.governor.oregon.gov Previous Press Releases Chris Pair • Communications Director, Office of Governor Kate Brown • (503) 378-5965

Governor Bentz Ferrioli touring Ontario Snow Damage.pdf

State Representative Cliff Bentz House District 60 PRESS RELEASE: 

February 2, 2017 

CONTACT: Representative Cliff Bentz 503-986-1460 Malheur County

 “Legislative Hotline” Video Conferences Scheduled 

SALEM--Rep. Cliff Bentz (R-Ontario) and Sen. Ted Ferrioli (R-John Day) will hold a “Legislative Hotline” (video conference) call once per month during the 2017 Legislative Session, which will convene February 1st . These appearances, hosted by the Ontario Chamber of Commerce, provide Malheur County residents an opportunity to discuss with the Representative and Senator legislative events and other statewide and local issues of interest. 

Those interested should be at the Ontario School District Administrative Office (195 SW 3rd Ave., Ontario) at 7:00 a.m. (mountain time) on the following dates:

  February 9th at 6:00am (PST)/7:00am (MST)

  March 9th at 6:00am (PST)/7:00am (MST) 

 April 13 th at 6:00am (PST)/7:00am (MST) 

 May 11th at 6:00am (PST)/7:00am (MST) 

 June 8th at 6:00am (PST)/7:00am (MST)

 “These meetings will provide the opportunity to review what is happening in Salem with Malheur County residents. 

I hope that those who follow the Oregon Legislature will join the two of us talk about proposed bills and other legislative actions. We want to know what you think and what you believe should be happening in the Legislature,” said Rep. Bentz. 

Malheur Co. Leg. Hotline Calls Set.pdf

Idaho Power offers its customers free energy-saving kits for winter

The kits include LED light bulbs, an LED nightlight and a digital thermometer, among other items. Showerheads and aerators will be provided to homes with electric water heaters.

Kits are available to order online at idahopower.com/save2day or by calling (800) 465-6045. Customers need to provide their Idaho Power account number, and they will receive a new kit within a few weeks. Limit one kit per residence.

Rebuilding Town Hall Set.pdf

Malheur County TOWN HALL MEETING 

ONTARIO—

At the request of constituents, Representative Cliff Bentz (R-Ontario) has asked the Oregon Insurance Division, Oregon Construction Contractors Board, and State and Local Building Codes Staff to identify and explain sources of information and assistance available to farmers, ranchers, businesses, and individuals damaged by snow storms in Malheur County. A town hall meeting, hosted by these agencies, will discuss options for rebuilding, insurance coverage and claims, and building construction licensing: 

Representatives from the Oregon Insurance Division, Construction Contractors Board, and State and Local Building Codes Staff will be available to discuss: 

WHEN: 

Thursday, Feb. 2, 2017 

 4-6 p.m. Staff available for walk-in Q & A 

 6-8 p.m. General overview presentation 

WHERE:

Four Rivers Cultural Center - Collins Room 676 SW 5th Ave., Ontario 

WHO:

 Farmers, businesses and individuals impacted by snow damage 

 Insurance coverage 

 Dispute resolution of insurance claims 

 New general contracting license options 

 What’s needed to rebuild? 

Sponsored by: 

 Oregon Insurance Division 

 Oregon Construction Contractors Board 

 Oregon Building Codes Division 

Learn more: 503-378-4130  or www.oregon.gov/bcd

The Department of Environmental Quality will also have handout information available on safe disposal of asbestos and building materials, as well as landfill locations and availability. Rep. Bentz said, “I encourage everyone who is looking for information on rebuilding and insurance claims to attend this town hall meeting. These state agencies can help get necessary information into your hands so that we can quickly rebuild our community.” More information can be found at: www.oregon/gov/bcd or via phone at 503-378-4130

City of Ontario, Oregon

Adam J. Brown, City Manager

PRESS RELEASE

Weather Event Update

January 23, 2017

The Oregon Department of Transportation will be working with the City of Ontario to clear 4th Avenue from downtown to the Yturri Beltline (State Highway 201). To accomplish this, much of the sidewalks along 4th Avenue will be covered. Due to the volume of snow a decision was made to open up the car and bike lanes in lieu of the sidewalks. We will not be enforcing the sidewalk ordinance during the time that the snow melts. As the snow melts in the coming weeks we encourage business owners to assist in any way they can to clear those sidewalks as the snow softens and melts. The pack from the snow removal will be dense and hard at first. This will take approximately three days to complete.

Ontario Sanitary has suspended curb side recycling until such time as it is more practical to collect. We encourage businesses and residents to be helpful in assisting sanitary haulers and mail carriers in finding their way through the snow pack by making their containers and mailboxes accessible. The city has identified critical needs for access working with Ontario Sanitary and will be working on those sites immediately.

The City of Ontario will continue to make sandbags available through Wednesday January 23, 2017 between the hours of 4 to 6 p.m.. Ontario Fire Station 2 is located at 3288 SW 4th Ave., Ontario, OR, 97914. There may be some already filled, but citizens may need to fill the bags themselves. The City emergency operations center will update the times of availability for sand bags each day on the city’s website. Please check our website for availability. http://www.ontariooregon.org/

We are still asking that citizens make every attempt possible to move parked cars from the street. This is impeding snow removal operations and causing very narrow plowing in some residential areas. Unattended vehicles will be marked and towed if not removed within 72 hours.

Thank you for your assistance and patience in this City weather event.

•  (pdf - This Official Press Release)

• Oregon Office of Emergency Management - website
• Oregon Office of Emergency Management - Federal Assistance Information 
• Storm Drain Map 1.47 MB
• Fire Hydrant Map 1.39 MB

###

444 SW 4th Street, Ontario, Oregon  -  www.ontariooregon.org  -  Phone 541-889-7684  Fax  541-889-7121

http://www.ontariooregon.org/CityPressRelease3.cfm

State of Emergency for Malheur County 

Representative Bentz & Senator Ferrioli Request Declaration of A Snow & Flood Emergency in Malheur County 

Malheur Co State of Emergency (1).pdf

________________________________________________

City of Ontario, Oregon

Adam J. Brown, City Manager

PRESS RELEASE

Citizen Information Regarding the Snow Emergency

January 11, 2017 - updated 4:50 PM

 

At 11 AM this morning the City of Ontario requested Malheur County declare a State of Emergency on behalf of the City of Ontario.  Malheur County filed a Declaration of Emergency shortly thereafter.  Legislators have been in communication with Governor Kate Brown in these efforts.  The weather events we have experienced over the last few weeks has been unprecedented in recent history.  We are working with all our available assets to mitigate any devastating impacts of the snow.

There are things citizens can do to help the relief effort.

• If you are physically able to help dig out a storm drain on your road, this will prevent water backups.  City crews and those aiding them will be working on targeted drains, but if citizens are able to dig out drains in their neighborhoods this will greatly increase the relief effort.  The City is working on putting a map online that will show where the storm drains are.
• If you have not already, don't bury fire hydrants or meters.  Firemen are working on identifying hydrants and markers and digging some out.  If you see one marked and and can dig it out with a shovel, this will be very helpful.  Make sure also to dig around meters on your own property.

There are things of which businesses should be mindful.  Flat roofs with long spans are particularly vulnerable.

• The estimated weight load of the current snowfall is 15.5 pounds per square foot.  You should add this to your existing weight load to see if your roof is stable.  A normal commercial building roof is rated at 20-25 lbs per square foot.  Adding the weight of the snow pack to the existing weight load will tell you if you should evacuate the space until the roof is cleared of snow.  Most likely, flat roofs should be shoveled due to the volume and current weight of snow.
• Private companies should use a private engineer to reassess whether re-entry is safe.

Citizens with concerns about the weather event will be triaged at 541-881-3260.  Your message will be sent to the appropriate person afterwards.

STATUTORY INTERPRETATION OF NEW RENT INCREASE LAW

While it may seem clear on first reading, the recent change in statute regarding rent increases is leaving even the attorneys scratching their heads.

One issue that seems clear is that a lease renewal is exempt from the rent increases that apply to month-to-month residencies. A new lease or lease renewal is a contract with its own terms that are not affected by this change in statute.

It is also clear that you may increase the rent in a month-to-month tenancy with a 90-day written notice, as long as it doesn’t take effect prior to the end of that first year.

What is not so clear is what happens when by its terms, a lease expires and converts to a month-to-month tenancy. After much discussion and attorney consultation, the Oregon Rental Housing Association, recommends that the most conservative and safest interpretation is to count the first year of tenancy as starting on the day the property transitions to a month-to-month tenancy. After that clock begins, you may lawfully serve a 90-day notice of rent increase so long as it will not be effective prior to the end of the first year of the tenancy (from the day it converted to a Month-to-Month).

There is uncertainty and ambiguity regarding this law change, and on first look it may appear that “first year of tenancy” can include the term of a lease; however, this is a potentially risky move and we don’t want you to take chances that could hurt you in the courtroom, nor do we want any of you to be the test case for this new law. Look for more answers in the coming months and be assured this will be addressed and clarified in the next legislative session. Call the Helpline for assistance if you have any questions about your specific situation.

Make Donations to help support Legislators against Rent Control at: 

oregon KEY PAC