Use and occupancy rules and regulations
- • adoption
- • enforceability
- • restrictions
(1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if:
(a) Its purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(b) It is reasonably related to the purpose for which it is adopted;
(c) It applies to all tenants in the premises in a fair manner;
(d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;
(e) It is not for the purpose of evading the obligations of the landlord; and
(f) The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted.
(2) If a rule or regulation adopted after the tenant enters into the rental agreement works a substantial modification of the bargain, it is not valid unless the tenant consents to it in writing.
(3) If adopted, an occupancy guideline for a dwelling unit shall not be more restrictive than two people per bedroom and shall be reasonable. Reasonableness shall be determined on a case-by-case basis. Factors to be considered in determining reasonableness include, but are not limited to:
(a) The size of the bedrooms;
(b) The overall size of the dwelling unit; and
(c) Any discriminatory impact on those identified in ORS 659A.421 (Discrimination in selling, renting or leasing real property prohibited).
(4) As used in this section:
(a) “Bedroom” means a habitable room that:
(A) Is intended to be used primarily for sleeping purposes;
(B) Contains at least 70 square feet; and
(C) Is configured so as to take the need for a fire exit into account.
(b) “Habitable room” means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not included. [Formerly 90.330]
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.