Increases in rent
- • limitations
- • notice
- • meeting with tenants
- • effect of failure to meet
(1) For purposes of this section, the term “consumer price index” refers to the annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor in September of the prior calendar year.
(2) If a rental agreement is a month-to-month tenancy to which ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) apply, the landlord may not increase the rent:
(a) Without giving each affected tenant notice in writing at least 90 days prior to the effective date of the rent increase; and
(b) During any 12-month period, in an amount greater than seven percent plus the consumer price index above the existing rent.
(3) The written notice required by subsection (2)(a) of this section must specify:
(a) The amount of the rent increase;
(b) The amount of the new rent;
(c) Facts supporting the exemption authorized by subsection (4) of this section, if the increase is above the amount allowed in subsection (2)(b) of this section; and
(d) The date on which the increase becomes effective.
(4) A landlord is not subject to subsection (2)(b) of this section when:
(a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or
(b) The landlord is providing reduced rent to the tenant as part of a federal, state or local program or subsidy.
(5) A landlord that increases rent in violation of subsection (2)(b) of this section shall be liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant.
(6) This section does not create a right to increase rent that does not otherwise exist.
(7) This section does not require a landlord to compromise, justify or reduce a rent increase that the landlord otherwise is entitled to impose.
(8) Neither ORS 90.510 (Statement of policy) (1), requiring a landlord to provide a statement of policy, nor ORS 90.510 (Statement of policy) (4), requiring a landlord to provide a written rental agreement, create a basis for tenant challenge of a rent increase, judicially or otherwise.
(9)(a) The tenants who reside in a facility may elect one committee of seven or fewer members in a facility-wide election to represent the tenants. One tenant of record for each rented space may vote in the election. Upon written request from the tenants’ committee, the landlord or a representative of the landlord shall meet with the committee within 10 to 30 days of the request to discuss the tenants’ nonrent concerns regarding the facility. Unless the parties agree otherwise, upon a request from the tenants’ committee, a landlord or representative of the landlord shall meet with the tenants’ committee at least once, but not more than twice, each calendar year. The meeting shall be held on the premises if the facility has suitable meeting space for that purpose, or at a location reasonably convenient to the tenants. After the meeting, the tenants’ committee shall send a written summary of the issues and concerns addressed at the meeting to the landlord. The landlord or the landlord’s representative shall make a good faith response in writing to the committee’s summary within 60 days.
(b) The tenants’ committee may be entitled to informal dispute resolution under ORS 90.769 (Informal dispute resolution) if the landlord or landlord’s representative fails to meet with the tenants’ committee or fails to respond in good faith to the written summary as required by paragraph (a) of this subsection. [Formerly 91.869; 1991 c.844 §8; 1995 c.559 §35; 1997 c.577 §26a; 1999 c.676 §21; 2001 c.596 §36; 2019 c.1 §3; 2019 c.625 §56]
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