ORS 659A.421
Discrimination in selling, renting or leasing real property prohibited


(1)

As used in this section:

(a)

“Dwelling” means:

(A)

A building or structure, or portion of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families; or

(B)

Vacant land offered for sale or lease for the construction or location of a building or structure, or portion of a building or structure, that is occupied, or designed or intended for occupancy, as a residence by one or more families.

(b)

“Purchaser” includes an occupant, prospective occupant, renter, prospective renter, lessee, prospective lessee, buyer or prospective buyer.

(c)

“Real property” includes a dwelling.

(d)

Intentionally left blank —Ed.

(A)

“Source of income” includes federal rent subsidy payments under 42 U.S.C. 1437f and any other local, state or federal housing assistance.

(B)

“Source of income” does not include income derived from a specific occupation or income derived in an illegal manner.

(2)

A person may not, because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income of any person:

(a)

Refuse to sell, lease or rent any real property to a purchaser. This paragraph does not prevent a person from refusing to lease or rent real property to a prospective renter or prospective lessee:

(A)

Based upon the past conduct of a prospective renter or prospective lessee provided the refusal to lease or rent based on past conduct is consistent with local, state and federal law, including but not limited to fair housing laws; or

(B)

Based upon the prospective renter’s or prospective lessee’s inability to pay rent, taking into account the value of the prospective renter’s or prospective lessee’s local, state and federal housing assistance, provided the refusal to lease or rent based on inability to pay rent is consistent with local, state and federal law, including but not limited to fair housing laws.

(b)

Expel a purchaser from any real property.

(c)

Make any distinction, discrimination or restriction against a purchaser in the price, terms, conditions or privileges relating to the sale, rental, lease or occupancy of real property or in the furnishing of any facilities or services in connection therewith.

(d)

Attempt to discourage the sale, rental or lease of any real property to a purchaser.

(e)

Publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind relating to the sale, rental or leasing of real property that indicates any preference, limitation, specification or unlawful discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(f)

Assist, induce, incite or coerce another person to commit an act or engage in a practice that violates this section.

(g)

Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section.

(h)

Deny access to, or membership or participation in, any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against any person in the terms or conditions of the access, membership or participation.

(i)

Represent to a person that a dwelling is not available for inspection, sale or rental when the dwelling in fact is available for inspection, sale or rental.

(j)

Otherwise make unavailable or deny a dwelling to a person.

(3)

Intentionally left blank —Ed.

(a)

A person whose business includes engaging in residential real estate related transactions may not discriminate against any person in making a transaction available, or in the terms or conditions of the transaction, because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(b)

As used in this subsection, “residential real estate related transaction” means any of the following:

(A)

The making or purchasing of loans or providing other financial assistance:
(i)
For purchasing, constructing, improving, repairing or maintaining a dwelling; or
(ii)
Secured by residential real estate; or

(B)

The selling, brokering or appraising of residential real property.

(4)

A real estate licensee may not accept or retain a listing of real property for sale, lease or rental with an understanding that a purchaser may be discriminated against with respect to the sale, rental or lease thereof because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(5)

A person may not, for profit, induce or attempt to induce any other person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status or source of income.

(6)

This section does not apply with respect to sex distinction, discrimination or restriction if the real property involved is such that the application of this section would necessarily result in common use of bath or bedroom facilities by unrelated persons of opposite sex.

(7)

Intentionally left blank —Ed.

(a)

This section does not apply to familial status distinction, discrimination or restriction with respect to housing for older persons.

(b)

As used in this subsection, “housing for older persons” means housing:

(A)

Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined by the state or federal program;

(B)

Intended for, and solely occupied by, persons 62 years of age or older; or

(C)

Intended and operated for occupancy by at least one person 55 years of age or older per unit. Housing qualifies as housing for older persons under this subparagraph if:
(i)
At least 80 percent of the dwellings are occupied by at least one person 55 years of age or older per unit; and
(ii)
Policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older are published and adhered to.

(c)

Housing does not fail to meet the requirements for housing for older persons if:

(A)

Persons residing in the housing as of September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of this subsection. However, new occupants of the housing shall meet the age requirements of paragraph (b)(B) or (C) of this subsection; or

(B)

The housing includes unoccupied units that are reserved for occupancy by persons who meet the age requirements of paragraph (b)(B) or (C) of this subsection.

(d)

Nothing in this section limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

(8)

The provisions of subsection (2)(a) to (d) and (f) of this section that prohibit actions based upon sex, sexual orientation, gender identity or familial status do not apply to the renting of space within a single-family residence if the owner actually maintains and occupies the residence as the owner’s primary residence and all occupants share some common space within the residence.

(9)

Any violation of this section is an unlawful practice. [Formerly 659.033; 2007 c.100 §8; 2007 c.903 §4a; 2008 c.36 §6; 2013 c.740 §1; 2021 c.367 §40]

Source: Section 659A.421 — Discrimination in selling, renting or leasing real property prohibited, https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html.

Notes of Decisions

By providing civil action for claim of housing discrimination, [former] ORS 659.121 (2) did not eliminate authority of Commissioner of Bureau of Labor and Industries to assess damages in administrative proceeding. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1339 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Damages under this section could be awarded to personal representative of claimant, because right to procure full administrative relief survives death of injured party. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1339 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Landlord’s actions constituted refusal to rent to claimant, where claimant did all she could be expected to do and did not actually fill out rental application only because petitioner failed to make it available to her. Schipporeit v. Roberts, 93 Or App 12, 760 P2d 1139 (1988), aff’d 308 Or 199, 778 P2d 953 (1988)

Attorney General Opinions

Limiting married student housing to married students, (1976) Vol 37, p 1297; refusal to rent to unmarried couple of opposite sexes not violative, (1976) Vol 38, p 181; operation of hotel under specified circumstances as complying with Public Accommodations Law, (1983) Vol 44, p 20

Law Review Citations

24 LCLR 1413 (2020)

659A.001
Definitions
659A.003
Purpose of ORS chapter 659A
659A.004
Short title
659A.006
Declaration of policy against unlawful discrimination
659A.009
Declaration of policy against discrimination in employment because of age
659A.012
State agencies to carry out policy against discrimination in employment
659A.015
Affirmative action reports to include information on contracts to minority businesses
659A.029
“Because of sex” defined for ORS 659A.030
659A.030
Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited
659A.033
Violation of ORS 659A.030 by denying religious leave or prohibiting certain religious observances or practices
659A.036
Short title
659A.040
Discrimination against worker applying for workers’ compensation benefits prohibited
659A.043
Reinstatement of injured worker to former position
659A.046
Reemployment of injured worker in other available and suitable work
659A.049
Rights of reinstatement and reemployment protected
659A.052
Reemployment rights of injured state workers
659A.060
Definitions for ORS 659A.060 to 659A.069
659A.063
State to continue group health benefits for injured worker and covered dependents
659A.066
Worker may continue benefits after employer’s obligation ends
659A.069
Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited
659A.082
Discrimination against person for service in uniformed service prohibited
659A.086
Employment rights of members of organized militia when called into active state service
659A.088
Violation of ORS 659A.086 as unlawful employment practice
659A.089
Notification to Director of Veterans’ Affairs
659A.090
Definitions for ORS 659A.090 to 659A.099
659A.093
Employer required to provide leave
659A.096
Denial of leave, retaliation and discrimination prohibited
659A.099
Short title
659A.103
Policy
659A.104
Description of disability for purposes of ORS 659A.103 to 659A.145
659A.106
Employers to whom ORS 659A.112 to 659A.139 apply
659A.109
Discrimination against individual for using procedures in ORS 659A.103 to 659A.145 prohibited
659A.112
Employment discrimination
659A.115
Qualification for position
659A.118
Reasonable accommodation
659A.121
Undue hardship
659A.122
Definitions for ORS 659A.124, 659A.127 and 659A.130
659A.124
Illegal use of drugs
659A.127
Permitted employer action
659A.130
Conditions that do not constitute impairment
659A.133
Medical examinations and inquiries of job applicants
659A.136
Medical examinations and inquiries of employees
659A.139
Construction of ORS 659A.103 to 659A.145
659A.141
Damages recoverable for harm or theft of assistance animal
659A.142
Discrimination against individual with disability by employment agency, labor organization, place of public accommodation or state government prohibited
659A.143
Assistance animals
659A.144
Required accommodations in transient lodging
659A.145
Discrimination against individual with disability in real property transactions prohibited
659A.146
Reasonable accommodation
659A.147
Prohibited conduct
659A.148
Employers to whom provisions relating to reasonable accommodation apply
659A.150
Definitions for ORS 659A.150 to 659A.186
659A.153
Covered employers
659A.156
Eligible employees
659A.159
Purposes for which family leave may be taken
659A.162
Length of leave
659A.165
Notice to employer
659A.168
Medical verification and scheduling of treatment
659A.171
Job protection
659A.174
Use of paid leave
659A.177
Special rules for teachers
659A.180
Postings by employer
659A.183
Denying family leave to eligible employee prohibited
659A.186
Exclusivity of provisions
659A.190
Definitions for ORS 659A.190 to 659A.198
659A.192
Leave to attend criminal proceeding
659A.194
Denying leave to employee prohibited
659A.196
Notice to employer
659A.198
Use of paid leave
659A.199
Prohibited conduct by employer
659A.200
Definitions for ORS 659A.200 to 659A.224
659A.203
Prohibited conduct by public or nonprofit employer
659A.206
Effects of ORS 659A.200 to 659A.224 on employees
659A.209
Effect on public record disclosures
659A.210
Affirmative defense
659A.212
Policy on cooperation with law enforcement officials
659A.215
Remedies not exclusive
659A.218
Disclosure of employee’s name without consent prohibited
659A.219
Uniform standards and procedures manual for implementation of Whistleblower Law
659A.220
Bureau of Labor and Industries to collect and compile information relating to disclosures
659A.221
Uniform application to all public employers
659A.224
Short title
659A.228
Discrimination for reporting violation of election laws prohibited
659A.230
Discrimination for initiating or aiding in criminal or civil proceedings prohibited
659A.233
Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited
659A.236
Discrimination for testifying before Legislative Assembly, committee or task force prohibited
659A.250
Definitions for ORS 659A.250 to 659A.262
659A.253
Restriction of access to employee housing owned or controlled by employer prohibited
659A.256
Regulations by employers concerning use and occupancy of employee housing
659A.259
Eviction from employee housing or discrimination against employee for reporting violations of ORS 659A.250 to 659A.262 prohibited
659A.262
Warrant on behalf of person entitled to access to housing
659A.270
Definitions for ORS 659A.270 to 659A.285
659A.272
Employer required to provide leave
659A.275
Undue hardship
659A.277
Denying leave to employee prohibited
659A.279
Required posting of summaries of statutes and rules
659A.280
Notice to employer
659A.283
Paid leave for public employees
659A.285
Use of paid leave
659A.290
Prohibited conduct by employer
659A.300
Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited
659A.303
Employer prohibited from obtaining, seeking to obtain or using genetic information
659A.306
Requiring employee to pay for medical examination as condition of continued employment prohibited
659A.309
Discrimination solely because of employment of another family member prohibited
659A.312
Leave of absence to donate bone marrow
659A.315
Restricting use of tobacco in nonworking hours prohibited
659A.318
Discrimination relating to academic degree in theology or religious occupations prohibited
659A.320
Discrimination based on information in credit history prohibited
659A.321
Seniority systems and benefit plans not unlawful employment practices
659A.330
Employee social media account privacy
659A.340
Interfering with employee’s good faith disclosure of information concerning unlawful conduct or certain violations prohibited
659A.343
Discrimination based on individual’s presentation of identification other than Real ID prohibited
659A.347
Discrimination related to possession of valid driver license
659A.350
Interns
659A.355
Discrimination based on wage inquiry or wage complaint
659A.357
Restricting salary history inquiries
659A.360
Restricting criminal conviction inquiries
659A.362
Enforcement
659A.370
Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct
659A.375
Employer policies relating to prevention of discrimination and sexual assault
659A.380
When severance or separation agreements are voidable by employer
659A.400
Place of public accommodation defined
659A.403
Discrimination in place of public accommodation prohibited
659A.406
Aiding or abetting certain discrimination prohibited
659A.409
Notice that discrimination will be made in place of public accommodation prohibited
659A.411
Definitions for ORS 659A.411 to 659A.415
659A.413
Denial of access prohibited
659A.415
Liability for damages
659A.417
Violation of ORS 659A.413
659A.421
Discrimination in selling, renting or leasing real property prohibited
659A.425
Violation based on facially neutral housing policy
659A.550
Discrimination because of employment status prohibited
659A.800
Elimination and prevention of discrimination by Bureau of Labor and Industries
659A.805
Rules for carrying out ORS chapter 659A
659A.810
Willful interference with administration of law and violation of orders of commissioner prohibited
659A.815
Advisory agencies and intergroup-relations councils
659A.820
Complaints
659A.825
Complaints filed by Attorney General or commissioner
659A.830
Authority of commissioner
659A.835
Investigation
659A.840
Settlement
659A.845
Formal charges
659A.850
Hearing
659A.855
Civil penalty for certain complaints filed by commissioner
659A.860
Settlement agreements and orders
659A.865
Retaliatory action prohibited
659A.870
Election of remedies
659A.875
Time limitations
659A.880
Ninety-day notice
659A.885
Civil action
659A.890
Civil action for violation of ORS 659A.865
659A.990
Penalties
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