February 2024

President's Message

Tia Politi, ORHA President

Hope you survived the January ice storm in good health. Looking forward to seeing our ORHA delegates next month in beautiful Bandon! You’ll receive information soon on the location and registration. See Office Manager Ben Seamans’ Office Report later in the newsletter.

We’re gearing up for the short legislative session, and our legislative team – Lobbyist Shawn Miller, Legislative Director Jason Miller, and Deputy Legislative Director Ben Seamans – are ready for action. Nothing like the excruciating long session, but the attacks on the largest contingent of small business owners in the state continue unabated. The one bright spot is an additional $65 million in rent assistance that the Governor is...

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Office Update

Benjamyn Seamans

Upcoming Board Meeting Details:

March 2024 will be our first ORHA Board Meeting of the New Year. This meeting will be in-person (Bandon, Oregon) and virtual – Details were emailed to all delegates on 02/05/2024 and RSVPs are due no later than 11:59 PM Pacific Time on 02/20/2024. If you would like to submit items for the March 2024 board meeting agenda, please submit them along with your RSVP. Please check your email for details.

If you are a committee chair, please remember that your report(s) must be submitted by the end of the day on 03/04/2024.

If you have any questions, please contact the ORHA Office. 

Upcoming Delays:

Please expect communication delays on the date(s) listed below (please note that emails, voicemails, form orders, and support tickets will all be impacted by the mentioned delays):

  • 03/11/2024 through 03/24/2024

Newsletter Materials:

Do you have any ideas for an upcoming newsletter? Please feel free to email your articles to the ORHA Office – All submissions must be made before the first of the month. 

Thank you for your continued suppport!

Need Support?

Don't forget about the ORHA Support Ticket Submission Website!

ORHA Support Website

In case you missed it from our previous newsletter(s)...


SB 1069 – Electronic Service and Payment Changes

Law Offices of Brian Cox

In Our Ongoing Efforts To Keep You Informed ~ Senate Bill 1069 (2023) makes
significant changes to
ORS 90.155, the written notice statute in Oregon’s Residential Landlord Tenant Act,
that go into effect January 1, 2024
(so you have plenty of times to change your forms/get new forms)


New Way To Serve Written Notices –

The ORLTA currently authorizes three methods for serving written notice: (1) personal service: (2) service by first-class mailing; and, (3) service by posting and first class mailing the same day. Senate Bill 1069 creates a fourth type of service - ‘email and mail’ service. In order to use ‘email-and-mail’ service, the housing provider and resident must, after the tenancy begins and the tenant has occupied the premises, sign a separate addendum to their rental agreement authorizing the use of ‘email-and-mail’ service by the...

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Legislative Committee Update

Jason Miller, Legislative Director

The 2024 Short Legislative Session kicked off on February 5th, 2024. This session only lasts for 35 calendar days with Sine Die (end of session) scheduled for March 10th, 2024. We generally do not see as many bills in the Short Session – The legislature is usually focused on budget related items, technical fixes to bills passed in previous sessions, and more pressing issues. This year it appears homelessness, addiction, and housing shortages are at the top of the list. We have 3 bills that we are tracking that could impact your business (please note that I am writing this article on the first day of the session and these bills are fresh and could be changed or even die and never be voted on). These bills are: 

HB 4063- This bill has many ideas stuffed into one bill, the portion that affects housing providers allows tenants to delay payment of rent for 3-days without penalty after a hospitalization. You can read more about this bill here: https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4063

HB 4126- This bill allows cities and counties to impose local rent control. You can read more about this bill here: https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4126

SB 1586- This bill changes state discrimination laws for property owners who rent rooms in their personal residence. You can read more about this bill here: https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1586

Watch your emails for updates on these bills and be prepared to submit written or oral testimony when or if the time comes. Of course, you can contact your legislator at any time to give your opinion on these or any other bills. Find your legislator here: https://geo.maps.arcgis.com/apps/instant/lookup/index.html?appid=fd070b56c975456ea2a25f7e3f4289d1

Mind Your Business: Tia's Tips for Better Rental Management – Tenancy Fees

Tia Politi

What is a fee? A fee is a non-refundable charge to a tenant, most often for a violation of the rental agreement, but also for certain landlord expenses. A landlord is not obligated to account for or return to the tenant any lawfully charged fee. (Screening fees are charged pre-tenancy, and have their own requirements and restrictions. They are not addressed in this discussion.)

A fee must be described in a written rental agreement. If it’s not in the written agreement or you have not implemented a change in terms in the case of municipal fees, you can’t charge any fees at all. There are two types:  contractual fees and noncompliance fees.

Contractual Fees include:

  1. Late payment of rent fee.
  2. Smoke/CO alarm tampering fee.
  3. Dishonored check fee.
  4. Lease-break fee.
  5. HOA/COA move-in or move-out fees.
  6. Municipal services pass-through fees.

Noncompliance Fees include:

  1. Late payment of a utility or service charge.
  2. Failure to clean up animal waste (pet or assistance animal) from a part of the premises other than the dwelling unit.
  3. Failure to clean up garbage, rubbish, or other waste from a part of the premises other than the dwelling unit.
  4. Parking violations or improper use of vehicles within the premises.
  5. Smoking in a clearly designated nonsmoking unit or area of the premises.
  6. Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405

Contractual fees require no further notice prior to assessment, than being described in a written rental agreement. Once the tenant commits the violation, you assess the fee.

Non-compliance fees require that upon first occurrence of a violation you must provide a written Warning Notice – Notice of Noncompliance – ORHA form #V1. If the tenant commits the same or substantially the same offense within one year, you may assess the fee and may assess repeated fees repeatedly during that year if the behavior continues. 

In the Oregon Rental Housing Association rental agreement, all fees, whether contractual or noncompliance, are due immediately upon default...

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In case you missed it from our previous newsletter(s)...


Oregon Annual Rent Increase Percentage

Senate Bill 611 was signed into law on July 06, 2023. This bill will cap rent increases at 10.0% or 7.0% plus CPI (whichever is lower) – The exemption for new constructions remains at 15 years.

The maximum allowable rent increase percentage for the 2024 calendar year is 10.0% or 7.0% plus CPI (whichever is lower) – The allowable annual rent increase in 2024 is 10.0%. Only one rent increase may be issued in any 12-month period.

The allowable rent increase percentage for the previous year, 2023, was 14.6% if the increase was issued before July 6th, or 10.0% if issued after July 6th. 

For more information on the methodology, calculation, and Consumer Price Index data, see: Maximum Annual Rent Increase, 2024 (Excel File Download).

ORHA appreciates your participation during this legislative season – Please contact the member helpline for your local association with any questions that you may have. If you do not know the contact information for your local association, you can view the information by clicking HERE.

Please help support our efforts in Salem!

Donate to the Oregon Rental Housing

Key Political Action Committee today!

ORH KEY PAC Donation Website

2022-2023 Forms Manual

Contact Your Local Association for Purchase!

Now Available for Purchase!

The 2022 - 2023 Forms Manual is now available for purchase with your local association. To find a local association to purchase your manual, click here.

Education Committee Update

Violet Wilson, Committee Chair

The committee continues to work on updating classes and providing Webinars, as well as in-person classes. 

Forms Manual Seminar: Sign up for this course and learn a wealth of information on which forms to use in what situations, when to use them, and how to properly fill them out. This course will review all the forms in the manual, when to use them, and how to properly fill them out. Topics will include: screening, move-in, operating, violations, and terminations. The course will be offered multiple times so there will many opportunities to attend. Course requires access to the 2022-2023 Forms Manual -- For available course dates and times, please click HERE.

Mentor Locals: If your Association has less than one hundred members, you are entitled to support from the ORHA Mentor Program. This includes providing classes to your members at reduced costs, helping set up or reviewing your bylaws, and many other services. Recently, we have worked with ROADC, TVRA, CCROA, ROANEO, and MCROA.

Did you know you could take classes offered by other locals? If you are member of another local, you can ask if a member discount can be provided. Check the ORHA website for class offerings. 

Have other ideas for seminars? Please contact me

Upcoming Events

COROA

Applications and Screening

02/13/2024 | 02:00 pm

ROA – SWO

Pre-Screening & Showings

02/15/2024 | 04:00 pm

ROA – SWO

Advanced Lease Enforcement

02/20/2024 | 04:00 pm

Lane ROA

Tenant non-compliance & Tenancy Termination

02/22/2024 | 11:00 am

ROA – SWO

Homeowners Insurance

02/22/2024 | 05:30 pm

ROA – SWO

Fair Housing

02/28/2024 | 04:00 pm

More Classes

Contact ORHA

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Need a Form?

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1. Click here.
2. Input your local association code in the field labeled "Enter your Member ID" to receive ORHA forms at more than 1/2 OFF.
3. Choose a form.
4. Click on the form.
5. Input your information.
6. Click "Generate PDF".
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The articles in this newsletter are intended to inform the membership and are not intended to convey legal, accounting or other advice. Articles are the opinions of the authors and are not necessarily the official positions and/or the views of Oregon Rental Housing Association. The editor and ORHA assumes no liability for loss or damage as a result of reliance on the material provided in this Newsletter. Appropriate legal, accounting or other expert assistance should be sought from competent professionals.