ORS 93.270¹
Certain discriminatory restrictions in conveyancing instruments prohibited
  • restriction on right of action

(1) A person conveying or contracting to convey fee title to real property may not include in an instrument for such purpose a provision:

(a) Restricting the use of the real property by any person or group of persons by reason of color, race, religion, national origin or physical or mental disability.

(b) Restricting the use of the real property by any home or facility that is licensed by or under the authority of the department under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) to provide residential care alone or in conjunction with treatment or training or a combination thereof.

(2) Any such provision in an instrument executed in violation of subsection (1) of this section is void and unenforceable.

(3) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

(4)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

(b) As used in this subsection, "wildfire hazard zones" are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department. [1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1; 1993 c.430 §3; 2007 c.70 §20]

Note: The amendments to 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited) by section 16, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited) by section 16, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited), as amended by section 16, chapter 100, Oregon Laws 2007, and including amendments by section 20, chapter 70, Oregon Laws 2007, is set forth for the user’s convenience.

93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited). (1) A person conveying or contracting to convey fee title to real property may not include in an instrument for that purpose a provision:

(a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, national origin or disability.

(b) Restricting the use of the real property by any home or facility that is licensed by or under the authority of the department under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) or 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) to provide residential care alone or in conjunction with treatment or training or a combination thereof.

(2) Any provision in an instrument executed in violation of subsection (1) of this section is void and unenforceable.

(3) An instrument that contains a provision restricting the use of real property in a manner listed in subsection (1)(b) of this section does not give rise to any public or private right of action to enforce the restriction.

(4)(a) An instrument that contains a provision restricting the use of real property by requiring roofing materials with a lower fire rating than that required in the state building code established under ORS chapter 455 does not give rise to any public or private right of action to enforce the restriction in an area determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on public or private right of action under this paragraph are limited solely to considerations of fire rating.

(b) As used in this subsection, "wildfire hazard zones" are areas that are legally declared by a governmental agency having jurisdiction over the area to have special hazards caused by a combination of combustible natural fuels, topography and climatic conditions that result in a significant hazard of catastrophic fire over relatively long periods each year. Wildfire hazard zones shall be determined using criteria established by the State Forestry Department.

Chapter 93

Atty. Gen. Opinions

Records involving title to real prop­erty registered under the Torrens system, (1972) Vol 35, p 1032

1 Legislative Counsel Committee, CHAPTER 93—Conveyancing and Recording, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors93.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­093ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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. Currency Information