September 2023
Oregon's annual legislative session ended June 25, 2023. There were 2,976 bills, memorials and resolutions introduced during the 2023 session and, of those, the Legislature passed 653.
Although no changes were made to Oregon Revised Statutes chapter 696, there were several bills passed that may affect your professional real estate activity in Oregon.
Senate Bill 599
Requires landlord to allow dwelling to be used as family childcare home, subject to conditions.
Senate Bill 611
Modifies maximum allowable residential rent increase for affected units, from seven percent plus the September annual 12-month average change in Consumer Price Index (CPI), to the lesser of either 10 percent, or seven percent plus the CPI. Clarifies language limiting rent increases on tenancies, other than week-to-week tenancies, to not more than once in any 12-month period. Clarifies language applying rent increase limit to units from which tenant was evicted. Declares emergency, effective on passage.
Senate Bill 644
Changes the law so that rural ADUs may be developed before the map is published if they comply with the R327 Oregon Residential Specialty Code. After the map is published, an ADU must comply with this code if it is in an area identified as high or extreme wildfire risk.
Senate Bill 702
Requires appraisers to take education courses on state and federal fair housing laws and implicit bias, including racial bias, for appraiser certification or licensure and registration of appraiser assistants.
Senate Bill 1013
Requires county to allow rural parcel owners to site one recreational vehicle (RV) subject to residential rental agreement, provided: parcel is outside urban reserve and includes a single-family dwelling occupied solely as property owner's primary residence; no other dwelling units are sited on the property; the RV is owned or leased by the tenant; and property owner provides essential services to the RV. Defines "recreational vehicle" as having motive power and titled with the Oregon Department of Transportation (ODOT); and “rural area" as area zoned for rural residential use, or unincorporated residential-zoned land within urban growth boundary of a metropolitan service district. Allows county to require parcel owner to register RV siting with the county; enter written residential rental agreement with RV tenant; limit payment amount parcel owner may accept from tenant; and hold RV to county inspection and siting standards. Prohibits state agency from prohibiting placement or occupancy of RV solely on grounds it is an RV if it meets provisions of Act.
Senate Bill 1069
Allows electronic delivery of written notice to landlord or tenant, if allowed under written addendum to rental agreement which specifies electronic mail addresses each party agrees to send and receive electronic mail to and from. Provides language to which addendum must substantially adhere, including that addendum is voluntary. Allows electronic return of security deposit or prepaid rent upon termination of tenancy if tenant so requested after tenancy began.
House Bill 2001
Establishes the Oregon Housing Needs Analysis to calculate needed housing allocations and production targets for each city in Oregon with a population of 10,000 or more. It also allows for the use of housing acceleration agreements or enforcement orders for underperforming cities. Further, it requires cities to calculate and plan for development-ready lands and requires the Oregon Facilities Authority to finance infrastructure and predevelopment costs for moderate-income housing.
House Bill 2680
Requires landlord to refund screening charge within 30 days if the unit is filled prior to screening the applicant, or the landlord has not conducted or ordered any screening of the applicant before the applicant withdraws the application in writing.
House Bill 2889
Makes refinements to the Oregon Housing Needs Analysis (OHNA). It defines the term “development-ready lands" for the purposes of OHNA and allows new methods for cities to use when designating urban reserves. House Bill 3042 Prohibits landlord or owners of formerly publicly supported housing from terminating a tenancy in the 3 years following withdrawal and prohibits them from providing rent increase notices more than once per calendar year. Allows Oregon Housing and Community Services the ability to assess up to a $5,000 penalty for noncompliance and subsequently file a lien against the property for failure to pay.
House Bill 3151
Limits improvements that a landlord of a manufactured dwelling park may require of tenants.
House Bill 3395
Allows affordable housing on lands zoned for commercial uses within urban growth boundaries.
House Bill 3164
Makes permanent provisions conditionally allowing water right lease to split use of water between existing water right and in-stream water right within same year. Removes prohibition on leasing water right for split use for period of more than 10 years.
Senate Bill 718
Provides that year in which Governor declares that drought exists, or is likely to exist, within county does not count toward period of time for forfeiture of water right for nonuse for owner holder of water right within county. Removes reference to repealed federal law.