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The articles and other information included on this web page are intended to inform and educate and are not intended to convey legal, accounting or other professional advice. Articles are the opinions of their authors and are not necessarily the official positions and/or views of the Treasure Valley Rental Owners Association, its members, officers, board of directors, employees, the Oregon Rental Housing Association or any other company, agency, or other entity. The editor, TVRA, its members, officers, board of directors, employees, and ORHA assume no liability for loss or damage as a result of reliance on the material provided. Appropriate legal, accounting or other expert assistance should be sought from competent professionals.

NewsLetters

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News

  • December 23, 2020 4:39 PM | Anonymous

    New Legislation has passed the House and Senate providing some relief to landlords, but with a catch.

    On December 21, 2020, the Oregon legislature in an historic third emergency session, passed legislation extending the moratorium (for tenants that sign a declaration of hardship) to June 30, 2021. Along with the extension, state funds have been set aside for an optional housing provider based rent assistance program with the requirement the housing provider forgive 20% of the past due rents. Landlords are not required to forgive 20% if they do not apply for assistance. House Bill 4401 and formally known as LC-18, is very detailed and ORHA is working on educational materials, new forms, and classes to educate housing providers on the changes. It is projected Housing Providers will not be able to apply for assistance until late January as the infrastructure is not ready. Keep an eye out for future updates from ORHA.

    You can see the final version of the bill here.

    Click for More Info


  • December 23, 2020 2:15 AM | Anonymous

    Rent Compensation and Moratorium Extension

    By Mark L. Busch, Attorney at Law

    This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

    In its third special session of the year on December 21, 2020, the Oregon Legislature passed House Bill 4401, which will take effect immediately upon the governor’s signature. The bill allows for partial rent compensation payments made directly to landlords, but it also extends the moratorium on nonpayment and no-cause evictions through June 30, 2021 in most cases (and late fees continue to be waived).

    HB 4401 directs the Housing and Community Services Department to compensate residential landlords for 80% of the past-due rent owed by qualified tenants that the landlord has not collected since April 1, 2020. The Department is required to set up an online application process for landlords to request compensation from a $150 million fund, and the Department is granted discretion to establish priorities, restrictions, and limits on compensation. Priority is to be given to landlords with fewer rental units, and to landlords with a higher percentage of unpaid rents.

    To qualify, landlords must :

    (a) submit a single application for all of the landlord’s tenants who have not paid rent and who have delivered a declaration to the landlord stating that they have experienced certain financial hardships

    (b) include copies of the tenant declarations

    (c) provide a description of the unpaid rents

    (d) agree to forgive the remaining 20% of the unpaid rents

    (e) agree to repay to the Department any rent that a qualified tenant later pays

    (f) not request unpaid rents owed by an immediate family member, and

    (g) agree not to issue no-cause or nonpayment termination notices to the tenants while the application is pending.

    HB 4401 also extends the “emergency period” for unpaid rent from April 1, 2020 through December 31, 2020, which means that ALL tenants have a “grace period” until at least March 31, 2021 to repay those amounts to the landlord. However, both the “emergency period” (for not paying rent) and the “grace period” (for repaying rent) are extended through June 30, 2021 if:

    (1) the tenant submits a financial hardship declaration to the landlord, OR

    (2) the landlord fails to deliver a statutory declaration form and notice to the tenant explaining the process for submitting the declaration to the landlord.

    To summarize, landlords are not required to discount unpaid rents by 20% unless they apply for compensation from the state and agree to abide by the rules described above. Tenants who have not paid rent amounts during the period from April 1, 2020 through December 31, 2020 automatically have until March 31, 2021 to repay those amounts to the landlord. Tenants can have the “emergency period” and “grace period” for unpaid rents extended through June 30, 2021 if they submit a financial hardship declaration to the landlord, or if the landlord fails to deliver a statutory declaration form and notice to the tenant. There are also a number of other technical requirements in HB 4401, and you should certainly consult a knowledgeable attorney before taking any eviction or collection actions against a tenant


  • December 18, 2020 12:56 PM | Anonymous

    Act Now! Stand up for Housing Providers

    Housing Provider testimony against LC-18 went very well last night. However, we were overshadowed by the amount of testimony in favor of LC-18. You can see last night's hearing here: 

    https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2020121083


    I urge all members that have not submitted written testimony to do so now!

    You can view a copy of LC-18 here: 

    https://olis.leg.state.or.us/liz/2019I1/Downloads/CommitteeMeetingDocument/227497

    In this bill legislators are asking Housing Providers to forgive 20% of rent owed by tenants.

    Public hearings are being held on Saturday 12/19/2020 at 10am, you can view the hearings here: 

    https://olis.oregonlegislature.gov/liz/2019I1/Committees/J3SS/Overview


    We are requesting all ORHA members and other Housing Providers submit written testimony in opposition to LC-18 before 1pm on Thursday 12/17/2020 to the following email addresses: 

    j3ss.exhibits@oregonlegislature.gov 

    Sen.LynnFindley@oregonlegislature.gov

    Rep.MarkOwens@oregonlegislature.gov

    ORHAoffice@gmail.com

    Rep.TinaKotek@oregonlegislature.gov

    Rep.JulieFahey@oregonlegislature.gov

    Rep.JackZika@oregonlegislature.gov

    Sen.JeffMerkley@oregonlegislature.gov

    Sen.RonWyden@oregonlegislature.gov


    Let Oregon legislators know that housing providers should not be required to forgive any past due rents.


    Jason L. Miller

    Legislative Director, Oregon Rental Housing Association


    Find your legislator here: https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html


  • December 15, 2020 4:40 PM | Anonymous

    Call To ACTION!!!

    NOW is the Time!


    The COVID-19 crisis continues to impact all facets of our lives. For property owners and managers, the pain we have been feeling is going to continue with the latest proposed iteration of the Eviction Moratorium. The bill would extend the moratorium for another six months during which residents are relieved of the duty to pay rent - through the end of June 2021.

    Renters will have to repay all amounts owed no later than June 30, 2021 (so they say), but in the meantime, you still have to pay your mortgage, taxes and insurance, address needed repairs and upgrades - possibly with no rental income. It’s incomprehensible how they can expect us to continue to provide free housing in some cases to folks who make more than we do.

    This time at least, they are proposing that residents would have to sign a declaration under penalty of perjury that they have been income affected - but they still don’t have to prove a thing. Even renters who haven’t lost their jobs or suffered a reduction in income, just have to say they have. Many of us have suffered a substantial loss of income, but our pain seems to be meaningless to many of our representatives.

    The only positive news about this latest effort is that they are providing rent assistance to go along with it, but it will only pay 80% of what is past due, requiring you to “forgive” the other 20%. Why can’t the renters pay the other 20%? Will our political representatives pass a bill allowing us to pay 20% less in taxes or insurance? Repairs? Utilities? Of course not!

    The rent assistance funds, however, will prioritize smaller housing providers with the largest balances to prevent the larger property managers from scooping up all the money. And 80% is better than nothing.

    Many of you may have renters who have paid nothing and won’t pay anything for the entire year and a quarter, only to have the renter bail on you or declare bankruptcy and wipe out the entire debt, so this may be better than the alternative, but it still isn’t fair at all.

    Now is the time to make our voices heard! Contact your representatives and let them hear how this situation is affecting you. It is not helpful to bash any political party or renters in general. It is helpful for them to feel our pain.

    • Write an email or letter using the following format:            
      • Identify yourself.
      • Give your location.
      • How many rental units you own or manage.
      • Share your personal story. In describing your story, list how Oregon Legislative decisions have impacted you. They need to identify you as a person with a real-life story.
      • Send it to your local state representative. It is more powerful when it comes from a constituent.
    • Send copies to others listed below.
    • Convince two other people to write letters or emails on behalf of housing providers.
    • Send a copy of your letter or email to ORHAoffice@gmail.com

    In Solidarity,
    Tia Politi
    ORHA Board Secretary




    Find your representative using the maps below:

    Oregon Legislative District Map

    House District Map

    Oregon State Representatives


    Representative Tina Kotek - https://www.oregonlegislature.gov/kotek Oregon House Speaker

    Representative Julie Fahey - https://www.oregonlegislature.gov/fahey  (District 1) on House Committee on Housing

    Representative Jack Zika - http://www.oregonlegislature.gov/zika (District 2) on House Committee on Housing

    Oregon Senator Jeff Merkley - merkley.senate.gov/contact (hit “connect” to get to email)

    Oregon Senator Ron Wyden -  wyden.senate.gov/contact (hit “contact” to get to email)

    Congressional Representatives:

    Suzanne Bonamici - bonamici.house.gov/contact (District 1)

    Greg Walden - walden.house.gov/contact-greg (District 2)

    Earl Blumenauer - https://blumenauer.house.gov/ (District 3)

    Peter Defazio - defazio.house.gov/contact (District 4)

    Kurt Schrader - schrader.house.gov/contact (District 5)

  • November 30, 2020 3:37 PM | Anonymous

    By: Jason L. Miller - ORHA Legislative Director
    11/30/20

    All of Oregon is hurting from the devastation caused by COVID19 and wildfires. People have lost their employment and/or their income has been reduced significantly. Many small businesses have been forced to close. Housing providers are experiencing complete or partial loss of income due to resident’s inability or refusal to pay rent, yet housing providers hit by rent moratoriums have been required to pay for mortgages, expenses, maintenance and property taxes. This has caused some housing providers to sell their properties which reduces the inventory of rental homes available to those who lost their homes in wildfires or were forced to relocate due to COVID-19.

    We feel it is necessary to continue efforts to keep residents truly affected by these disasters in their homes through housing provider and resident based assistance programs. We do not support a blanket extension of the rent moratorium for all tenants, that only pushes the debt farther out while past due balances grow. LC-18 has been presented as a solution, however there are some concerns.

    Legislation should include a mechanism to prevent fraud and encourage communication between residents and housing providers. It should allow housing providers to evict without delay those who are not in financial need yet refusing to pay rent. It should not allow residents to provide declarations of need at the last minute, but rather by the first court appearance or sooner. We ask for no extension of the 72 or 144 hr notice period when tenants are past due and not in need. It is essential that we provide adequate funding for a landlord based rental assistance program making all housing providers 100% whole on past due rents.

    Housing providers provide an essential service to Oregon residents and letting them fail would be a disaster. Legislators need to provide rental assistance to all those in need instead of putting it all on the shoulders of housing providers.

    You can find a copy of LC-18 here.

    Let your legislators know how you feel about LC-18 and it’s impact on Housing Providers.


  • November 24, 2020 1:01 PM | Anonymous

    CALL TO ACTION

    To Our Member Housing Providers

    Just when housing providers thought they would be seeing the light at the end of the tunnel, Oregon lawmakers are looking at additional changes to stabilize housing for those experiencing financial hardship. The current moratorium was set to end on December 31, 2020 but the Legislature is not scheduled to meet until January 19, 2021. So, House Speaker Tina Kotek is looking at having a special session in December, but barring that, the Governor could institute new emergency orders. A new proposal being considered would address the following:

    • Extending the moratorium to June 30, 2021, adds language on tenants documenting financial hardship, and gives them until July 1, 2021 to pay back all rent.
    • Non-qualifying tenants will only be protected until December 31, 2020 and will have until March 31, 2021 to pay back rent.
    • 72-Hour notices for non-payment of rent would be extended to 15-day notices.
    • Prohibition on late fees and reporting nonpayment to any consumer credit reporting agency is extended.
    • No cause notices are only allowed for owners selling the home to someone who will occupy it, demolishing or converting a unit, undertaking major repairs/renovations, or moving themselves or family into a unit.
    • A new addition would be a landlord compensation fund. Landlords could apply directly for rent assistance. The focus will be on smaller housing providers owed large amounts of money and they have to forgive 20% of the amount owed.

    The Oregon Rental Housing Association (ORHA), our state organization, is calling us all to action. Let your voice be heard. Contact your state legislators, congressional  members, and Tina Kotek, Speaker of the House about how the above changes will affect your ability to provide housing.

    What to do:

    1) Write an email or letter using the following format:

         a. Identify yourself

         b. Give your location

         c. How many rental units you own or manage

         d.  Give your personal story.....In describing your story, list how Oregon Legislative decisions have impacted you. They need to identify you as a person with a real-life story. Stick to the facts. Give examples but do not negatively describe tenants or legislators or those in a particular party.

    2) Send it to your local state representative. It is more powerful when it comes from a constituent.

    3) Send copies to others listed below.

    4) Convince two other people to write letters or emails on behalf of housing providers.

    5) Send a copy of your letter or email to ORHAoffice@gmail.com.


    Find your state representatives:

    https://www.oregonlegislature.gov/findyourlegislator/leg-districts.html

    Representative Tina Kotek - https://www.oregonlegislature.gov/kotek Oregon House Speaker

    Representative Julie Fahey - https://www.oregonlegislature.gov/fahey  (District 1) on House Committee on Housing

    Representative Jack Zika - http://www.oregonlegislature.gov/zika (District 2) on House Committee on Housing

    Oregon Senator Jeff Merkley - merkley.senate.gov/contact (hit “connect” to get to email)

    Oregon Senator Ron Wyden -  wyden.senate.gov/contact (hit “contact” to get to email)

    Congressional Representatives:

    Suzanne Bonamici - bonamici.house.gov/contact (District 1)

    Greg Walden - walden.house.gov/contact-greg (District 2)

    Earl Blumenauer - https://blumenauer.house.gov/ (District 3)

    Peter Defazio - defazio.house.gov/contact (District 4)

    Kurt Schrader - schrader.house.gov/contact (District 5)

    Your help is critical. We appreciate your time in joining us to support Oregon housing providers who give a vital service to our community.

    From Violet Wilson, ORHA Education Chair and fellow housing provider


  • November 05, 2020 1:08 PM | Anonymous

    Dear rental property owners,

    What a year this has been for Oregon, the financial impact of COVID-19 has been unprecedented for many industries, but the impact of the moratoriums has been extremely  hard on independent landlords. The protection  of one group of citizens has created a need in another, it is time to let our legislators know we are in need.

    OHRA has raised a call to action to let your legislators know how the moratoriums have impacted you, your family, and your small business. We want them to hear your stories, not how tenants may or may not have taken advantage of the moratorium. The attention needs to be on the landlord's need for assistance.

    In addition to your letters, the Key PAC needs your contribution. Contributions help fund campaigns for legislators that understand the challenges landlords face and oppose legislation that is bad for landlords.

    Any contribution is helpful and greatly appreciated, visit:https://oregonrentalhousingpac.org  today and contribute to a better Oregon.


    Sincerely,

    Jason Miller

    Legislative Director, Oregon Rental Housing Association


  • October 19, 2020 2:51 PM | Anonymous

    By: Sage Coleman, ORHA President
    10/19/20

    Fellow Oregon Landlord Members of the Oregon Rental Housing Association,

    This President’s Letter is a Call to Action. It is time that we rally together as a unified group and make our voices heard loud and strong to each and every Legislator in the State of Oregon.

    Based upon the outpouring of emails, phone calls and Facebook posts from our membership it has become apparent that there is being created within our membership a new class of disaster victim requiring relief.

    We hear you and our Executive Committee is working to create an ongoing plan to reach out to Oregon Lawmakers and insist that they change course to provide relief to Landlords in need as well as to level the landlord/tenant playing field.

    I encourage every person reading this to use the buddy system and make sure to inspire AT LEAST TWO other Landlords to engage in this process.

    We must be genuine, persistent, and consistently clear in our messages to relay the unique personal facts of our experiences as rental housing providers to Oregonians in 2020. 

    Please take a few minutes to express specifically how events over the past year are causing you, your family and business harm. Use the links provided below and email your message to your Congressman, Senator, Speaker of the House Kotek, Governor Kate Brown and our office. We will be compiling your messages to share with our Legislative Director and our Lobbyist that they may use them in their discussions with Legislators.

    Please use the following format as a guide:

    1. Name(s):
    2. Location:
    3. How many rental units:
    4. Short Personal Story: *Show these legislators that you are real working class Oregonians.
    5. How have Oregon Legislative Decisions negatively impacted you in 2020? Be specific. Try to avoid abusive and inflammatory language towards tenants and the Oregon Governor’s office and Oregon Legislature. WE UNDERSTAND that some tenants are taking gross advantage of the circumstances made available to them by the Governor and the Oregon Legislature. However, the politics of the current landscape REQUIRE that we REFRAIN FROM DILUTING OUR MESSAGE OF REAL PAIN by bashing tenants or democrats. Stick to the facts of damage being caused to you and we will have their attention.


    Things to consider including in your letter:
    • How has the lack of rent impacted your financial situation?
    • Are you having to use savings to pay the mortgage, pay bills, buy food, utilities, etc.?
    • Have you tapped into your retirement savings to pay bills, mortgage, etc.?
    • Have you placed your mortgage in forbearance? If so, when is the forbearance due: at the end of the forbearance period or tacked onto the end of the mortgage? This is an added expense.
    • Are you facing foreclosure?
    • Are you only paying the interest on your mortgage?
    • Are you facing bankruptcy?
    • Was there scheduled maintenance that has been delayed due to the lack of rental income? If so, is this a habitability issue that has to be corrected?
    • Are you paying bills with a credit card, when in the past you paid with the rental income?
    • Were you or your next of kin going to move into your rental unit but were delayed by the Executive Orders and HB 4213?
    • Are you seeking mental health counseling due to the financial stress?
    • Have you lost so much income that you are going to food pantries or applying for SNAP benefits?


    On behalf of our General Board and Executive Committee I would like to thank you for being a part of this organization and for taking the time to read this letter. Last but not least, we would like to share that, while it is true that emotional ranting will detract from making change with our messages, it is more important to send your message and make your voice heard. It is not our intent to censure you but to represent you well by tuning our voices so that we will be heard as one voice with the greatest impact. Say your piece. We need your participation. This will be an ongoing process requiring You to reach out to your Representatives and Senators through emailing, mailing, phone calling and traveling to Salem to give testimony in person when the time comes. Members of our Executive Committee will follow up this call to action with a personalized call to action each month. Change will not come quickly nor will it be easy.


    Take the first step. Do it now.


    Thank you for your participation with this critically important project and also for contributing what you can to the Oregon Rental Housing Key Political Action Committee (ORH KEY PAC):     

              https://oregonrentalhousingpac.org/donate



    Together we can,

    Sage Coleman - President
    Oregon Rental Housing Association

    orhapres@gmail.com



    Find your representative using the maps below:

    Oregon Legislative District Map

    House District Map

    Oregon State Representatives

    Tina Kotek - Rep.TinaKotek@oregonlegislature.gov

    Julie Fahey - Rep.juliefahey@oregonlegislature.gov (District 1)

    Jack ZiKa - Rep.jackzika@oregonlegislature.gov (District 2)

    Jeff Merkley - merkley.senate.gov/contact

    Ron Wyden - wyden.senate.gov/contact

    Peter Defazio - defazio.house.gov/contact (District 4)

    Suzanne Bonamici - bonamici.house.gov/contact (District 1)

    Greg Walden - walden.house.gov/contact-greg (District 2)

    Earl Blumenauer - blumenauer.house.gov (District 1)

    Kurt Schrader - schrader.house.gov/contact (District 5)


  • October 01, 2020 2:39 PM | Anonymous

    Adapted From Article By: Emily Reina-Dozier, Oregon Law Center 

    September 28, 2020

    The Governor has issued a new Executive Order, ensuring that Oregon renters are protected from eviction until December 31, 2020. This means that Landlords cannot evict tenants for nonpayment during this time; cannot use most kinds of no-cause notices until the end of the moratorium; cannot charge late fees or other charges based on nonpayment of rent between April 1 and December 31, 2020; cannot report nonpayment of rent or fees to credit agencies; and cannot give notices of termination without cause (unless the landlord has sold the property or intends to move into the property) or file for an eviction based on a termination without cause between April 1 and December 31.

    Tenants continue to have a grace period (until March 31, 2021) to pay back rent that came due between April 1, 2020 and September 30, 2020. The grace period does not apply to rent that came due between October 1, 2020, and December 31, 2020. Unless a new law is passed between now and the end of December, that rent will have to be paid all at once in January.


    This Executive Order applies everywhere in Oregon.

    Until December 31, 2020, no landlord in Oregon is allowed to do any of the following:

    • Give a termination notice for nonpayment of rent, fees, utilities, or other charges
    • Charge a late fee or penalty for nonpayment
    • Give a termination notice without cause (unless the landlord has sold the rental to someone who plans to move in, or the landlord intends to move in to the rental or move a family member into the rental)
    • Start an eviction case based on nonpayment
    • Start an eviction case based on a termination without cause
    • File for noncompliance with a stipulated agreement in eviction court if the eviction was based on nonpayment or a termination without cause
    • Report a tenant to a credit agency for nonpayment of rent or a late fee

    • Threaten to do any of these things

    Tenants do NOT need to file a declaration in order to qualify for this relief (the declaration is part of the CDC order, not Oregon law). Any rent that came due between April 1, 2020, and September 30, 2020, must be paid by March 31, 2021. Starting on January 1, 2021, tenants need to pay their rent each month under the terms of the rental agreement. Tenants still have until the end of March, 2021, to pay back rent that built up between April and October.

    Remember, starting on January 1, 2021, a landlord can evict a tenant for not paying rent under the terms of the rental agreement, but cannot evict a tenant for not paying any rent that was deferred between April 1 and September 30, 2020. Starting on January 1, 2021, a landlord can evict for unpaid rent that came due between October 1 and December 31, 2020.


    Renters’ obligations under the new law

    Under the new law, a landlord can give the tenant a notice saying how much rent the tenant owes and will have to pay back by March 31, 2021. Starting October 1, 2020 a landlord can also give a notice to the tenant requiring that the tenant tell the landlord within 14 days if the tenant plans to use the six-month grace period to pay back any rent owing. Tenants can use the six-month grace period to pay back rent that came due from April 1, 2020, to September 30, 2020, but cannot use the grace period for rent due from October 1, 2020 to December 31, 2020. If a tenant does not tell the landlord that they plan to use the six-month grace period to pay back the deferred rent, the landlord can charge the tenant half a month’s rent as a penalty and collect that amount on or after April 1st, 2021. Tenants can notify their landlord that they plan to use the six-month grace period by text, email, letter, or verbally.


    FREQUENTLY ASKED QUESTIONS:

    1.  Is a landlord allowed to give a tenant a notice saying that the tenant owes rent?

    YES. A landlord is allowed to tell the tenant how much rent the tenant owes. But the landlord is not allowed to say that the landlord intends to evict for nonpayment of the rent that’s owed until after December 31, 2020.


    2.  Are a landlord and a tenant allowed to work out a payment plan to cover back rent?

    Yes. A landlord and a tenant can come to an agreed repayment plan, but a tenant is not required to enter into any kind of payment Plan. A tenant is only required to tell the landlord that they plan on paying back rent during the six-month grace period, and to pay back all of the rent that’s owed on or before March 31, 2021. Remember that rent that comes due from October 1, 2020 to December 31, 2020 is not eligible for the grace period and must be paid in January.


    3. Can a landlord evict a tenant for nonpayment after December 31, 2020?

    Yes, but only for rent that is due for October of 2020 or later. But a landlord cannot give a notice of termination or file for eviction based on rent that came due between April and September of 2020.


    4.  What if the first year of my tenancy was up during one of the eviction moratoriums? Is a landlord allowed to give a no-cause termination notice?

    Yes. If the first year of your tenancy ends (or ended) between April 1 and December 31, a landlord is allowed to give a no- cause notice of termination by January 30, 2021. If you and everyone else in your household had already lived in your place for a year before April 1, 2020, then the landlord is not allowed to give a no-cause termination unless the landlord has sold the place to someone who plans to move in, the landlord lives on the same property in a duplex or ADU (or you live on the same property as the landlord in a duplex or ADU), or the landlord plans to demolish or remodel the property.


    5.  Can a landlord give me a notice of termination for cause, or file for eviction based on a notice for cause?

    Yes. The new law only covers evictions for nonpayment of rent or no cause terminations. A landlord is still allowed to give a tenant a notice based on a violation of the rental agreement.


    *This information was last updated September 28, 2020 and is changing very quickly


  • September 30, 2020 2:35 PM | Anonymous

    By: Brian Cox, Attorney at Law
    Sept 30, 2020

    Watching and interpreting law changes ‘on-the-fly’ during the pandemic is very much like having someone ask you to take over the controls of an aircraft spiraling out of control and learn to fly –while also taking up juggling on a unicycle at the same time. The task is crazy, the information is sparse, the instructions are almost non-existent, and the sense of panic and chaos feel very real !!!!

    So how to deal with the confusion? Consider EO 20-56 as an ‘overlay’ on HB 4213.

    HB 4213 imposed a number of changes on landlords, including a moratorium on certain kinds of residential and commercial evictions and eviction notices through September 30th. What HB 4213 did NOT do is include language for extending that moratorium. On September 28th, Governor Brown issued Executive Order 20-56, which creates a new moratorium that prohibits certain residential evictions and eviction notices through December 31st. What EO 20-56 did NOT do is displace HB 4213 – instead, it acts as an ‘overlay’ to HB 4213.

    Here is what I think that means (this is NOT legal advice):

    1. No residential evictions, late fees or eviction notices for non-payment of rent, utility charges or ‘other service charges or fees’ through December 31st.

    2. No “No-Cause” termination notices, defined as notices pursuant to ORS 90.427(3)(b), (4)(b), or (c), (5)(a) or (b), or (8)(a)(B) or (b)(B), including 90-day landlord cause notices currently prohibited by HB 4213 through September 30th, 2020.

    3. Tenants continue to owe for unpaid rent, utility charges or other service charges or fees(excepting late fees and/or other penalties for non-payment).

    4. Extension of the ‘first year of occupancy’ through January 30th, 2021.

    5. Tenant payments continue to be applied under the modified application described in HB 4213 (current rent, then utility/service charges, then late rent charges incurred before HB 4213, then other fees or charges under ORS 90.302 or for tenant damage claims), and then to any non-payment balance accrued during the Emergency Period.

    6. Landlords can still give the HB 4213 notice to tenants about their unpaid rent, utilities and other service charges/fees on or after October 1st, advising tenants they can’t be evicted for these unpaid amounts until after December 31st and that they have a grace period through March 31st, 2021 to repay those amounts, also alerting them to the penalty for not responding within 14 days. Presumably, more than one notice may be given (nothing says differently), so landlords may want to give a notice on or after October 1st, and another notice on or after January 1st, 2021.

    Notice what is NOT in EO 20-56 (and which is allowed beginning October 1st under HB 4213)?

    1. Any extension of the March 31, 2021 grace period.

    2. Any “grace period” to repay rent for October, November or December 2020.

    3. Any instruction (or limitation) on when to give one or more HB 4213 notice(s) to tenants (other than ‘after September 30th).

    4. Any requirement for tenants to provide proof of inability to pay rent.

    5. Any prohibition for giving 90-day notices where the landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy. You can still give 90-day notices for owner-occupied buyers as well.

    6. Anything restriction on commercial notices or evictions (which are now allowed).

    Is all of this legal? Does the Governor have authority to do this? – We’ll see......

    How to avoid panic in this chaos? Breath deeply, read (and re-read) HB 4213 and EO 20-56 and all that wonderful ROA material provided to you, and seek competent help when needed.


Disclaimer:

Treasure Valley Rental Owners Association (TVROA) Board Members and Mentors and Office Staff do not give legal advice. Any advice or guidance does not constitute legal advice. You should seek appropriate counsel for your own situation as needed.

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