2015 ORS 101.080¹
When resident eligible for refund of entrance fee
  • notice to resident

(1) Any provider that requires any resident, as a condition of occupancy or use of the facility, to pay an entrance fee, prior to or during the first six months of occupancy in addition to monthly payments, shall provide that a percentage of that entrance fee be refunded to the resident if the residency agreement is terminated, other than by reason of death of the resident, within the first six months of occupancy.

(2) The percentage of the entrance fee to be refunded and the manner in which this percentage is calculated shall be written in boldfaced type in the residency agreement and disclosed in the initial and annual disclosure statements required by ORS 101.050 (Preparation of disclosure statement by provider) and 101.052 (Annual disclosure statement). [Formerly 91.690; 2009 c.201 §7]

(formerly 91.690)

Notes of Decisions

Death does not constitute "withdrawal" under this statute and estate of resident who died within six months of moving into facility is not entitled to refund. Rice v. Terwilliger Plaza, Inc., 65 Or App 74, 670 P2d 188 (1983)


1 Legislative Counsel Committee, CHAPTER 101—Continuing Care Retirement Communities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors101.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 101, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano101.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.