By: Tia Politi, ORHA Forms Committee Chair
New and revised forms 2023 – Part 1
The enactment of Senate Bill 611, on July 7, 2023, placed further limits on rent increases in the state. Due to the existing limits in the city of Portland and newly enacted restrictions in the city of Eugene, the ORHA Forms Committee has decided to remove Portland Notice of Rent Increase (Form O1PD) and change the existing form Notice of Rent Increase (Form O1) to accommodate the requirements of both cities, while also allowing the form to serve the rest of Oregon.
If you have older forms, they are still okay to use if you are aware of the new limits which are as follows:
- Rent may not be increased during the first year of tenancy.
- Rent may only be increased once per year.
- Unless exempt, rent increases are limited to 7% plus the CPI for the West Coast, OR 10%, whichever is less, unless exempt. Properties built within 15 years prior to the date of the notice of increase are exempt from the rent cap but if you’re claiming the exemption, you must provide supporting facts.
- For rental properties subject to the requirements of the Portland Housing Bureau, or the Eugene Rental Housing Code, each city has different requirements. In both cities, if a Landlord increases rent by the maximum allowable amount they are liable for relocation expenses, unless exempt.
a. In Portland, you must provide specific notices with any notice of rent increase, regardless of whether it is to the maximum and regardless of exemption. Visit https://www.portland.gov/phb/rental-services/renter-relocation-assistance for more information.
b. In Eugene, unless exempt, if you will be raising rent to the maximum, you must provide the entirety of Section 17 in Ordinance 20694 (at the time of publication of this notice, we are still waiting for the Eugene City Manager to provide interpretive rules and the required language in a form). Visit https://www.eugene-or.gov/845/Rental-Housing-Code for more information.
We have also changed Notice of Lease Renewal (Form O3) to accommodate these changes at the state and local level.
The Forms Committee is pleased to announce the launch of Late Fee/Renters’ Insurance Change in Terms (Form O15). We will let you know when the form is officially launched. In the meantime, scan this QR code for samples of this new form and the updated Notice of Rent Increase (Form O1) and Notice of Lease Renewal (Form O3) along with instructions for their use.
Pending new and revised forms for 2024
Family Child Care Homes
The committee is working on finalizing In-Home Child Care Agreement (Form O6) for Tenants who wish to operate a Certified or Registered Family Child Care Home in the rental property on or after January 1, 2024, in accordance with SB 599A. Thanks to Eugene attorney Brian Cox, for his work on this form. We will be emailing a sample of the form with instructions just as soon as it’s ready, along with an educational article describing the requirements Tenants must meet to be authorized to offer such services and what Landlords can require. Before you panic, there are hefty requirements for both the property and the Tenant, so only the most responsible of Tenants will be able to meet the standards.
HB 2680 - New Disclosures Required for Assessing Applicant Screening Charges
Other pending changes coming January 1, 2024, include a change to Application to Rent (Form S1). We are removing specific language regarding Owner/Agent’s ability to charge noncompliance fees and just refer to ORS 90.302 to make room for new language requirements imposed by HB 2680A as follows:
“If Owner/Agent is assessing an Applicant Screening Charge in accordance with ORS 90.295, promptly after each screening conducted by a tenant screening company or consumer credit reporting agency, Owner/Agent shall provide the Applicant with confirmation of the screening, including a copy of a receipt from the company or agency. If, prior to conducting or ordering any screening an Applicant withdraws their application in writing, Owner/Agent must refund the screening charge within 30 days. If Owner/Agent fails to comply with these requirements, the tenant may recover twice the amount of the screening charge paid plus $250.00.”
Additionally, gender identity is a new protected class that will be listed on the Application Screening Guidelines page of the form. Chapters will need to replace these forms; however, for landlords who don’t charge a screening fee, the existing forms are still useable. We will notify you when they are ready to order and available at the Forms Store.SB 1069 - Change in Allowance for Service of Notice
In accordance with SB 1069B, beginning January 1, 2024, landlords will have the right to serve notice by email-and-mail. Like post-and-mail, but instead of posting, you email a copy of the notice in addition to sending it by First Class Mail. Like service of notice by post-and-mail, you must meet specific criteria to be able to serve notices by this method. To allow for this type of service, the landlord and tenant must enter into a written agreement after the tenancy has begun and the tenant has taken possession of the unit, so you can’t make it a condition of tenancy. The agreement must list the email address(es) of both parties and allows either party to change their preferred email address with three days’ written notice. The agreement may be cancelled by either party with three days’ written notice. We are currently in discussion with the board and will decide at the November meeting regarding changes to the service boxes of our forms. We will let you know the outcome and send an eblast when the form is ready.SB 1069 - Change in allowance for landlord return of moneys owed by electronic means
This bill also allows for a landlord to refund any amounts due to the tenant by electronic means with the written agreement of both parties after the tenancy has begun and the tenant has taken possession of the unit. We are developing a form to allow for this and will send out an eblast when the form is ready.
Remember, if you have any suggestions for improvements to our existing forms, or want us to add new forms, you can email your ideas to firstname.lastname@example.org.
Tia Politi, ORHA Forms Committee Chair