ORS 90.767¹
Mandatory mediation

(1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) shall establish a mediation policy to resolve disputes related to:

(a) Landlord or tenant compliance with the rental agreement or with the provisions of this chapter;

(b) Landlord or tenant conduct within the facility; or

(c) The modification of a rule or regulation under ORS 90.610 (Notice of proposed change in rule or regulation).

(2) A mediation policy under this section must include:

(a) The process and format by which a tenant or landlord may initiate mediation.

(b) The names and contact information, including the phone number and website address, for mediation services available through the referral program provided by the Housing and Community Services Department under ORS 456.403 (Housing and Community Services Department support for manufactured dwelling parks and marinas) (2) and any other no-cost mediation service acceptable to the landlord.

(c) Information substantially explaining requirements for mediation under subsections (3) to (7) of this section.

(3) Mediation conducted under this section:

(a) In addition to any process authorized under subsection (2)(a) of this section, may be initiated by the landlord or tenant’s contact with the Housing and Community Services Department in a format required by the department.

(b) May not resolve any matters except by the agreement of all parties.

(c) Must require that communications from all parties are held strictly confidential and may not be used in any legal proceedings.

(d) May be used to resolve:

(A) Disputes between the landlord and one or more tenants, initiated by any party; and

(B) Disputes between any two or more tenants, initiated only by the landlord.

(e) Must allow a party to designate any person, including a nonattorney, to represent the interests of the party provided that the person has the authority to bind that party to any resolution of the dispute.

(f) Must comply with any other provisions as the Housing and Community Services Department may require by rule.

(4) Parties must participate in mediation under this section by making a good faith effort to schedule mediation within 30 days after mediation is initiated, attending and participating in mediation and cooperating with reasonable requests of the mediator.

(5) After mediation has been initiated and while it is ongoing under this section:

(a) Any statute of limitations related to the dispute is tolled.

(b) A party may not file an action related to the dispute, including an action for possession under ORS 105.110 (Action for forcible entry or wrongful detainer).

(c)(A) A tenant shall continue paying rent to the landlord.

(B) A landlord receiving rent under this paragraph has not accepted rent for the purposes of ORS 90.412 (Waiver of termination of tenancy) (2), provided that the landlord refunds the rent within 10 days following the conclusion of mediation.

(6) Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:

(a) Facility closures consistent with ORS 90.645 (Closure of manufactured dwelling park) or 90.671 (Closure of marina).

(b) Facility sales consistent with ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility).

(c) Rent increases consistent with ORS 90.600 (Increases in rent).

(d) Rent payments or amounts owed.

(e) Tenant violations alleged in a termination notice given under ORS 90.394 (Termination of tenancy for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.630 (Termination by landlord) (10).

(f) Violations of an alleged unauthorized person in possession in a notice given under ORS 90.403 (Taking possession of premises from unauthorized possessor).

(g) Unless initiated by the victim, a dispute involving allegations of domestic violence, sexual assault or stalking or a dispute between the victim and the alleged perpetrator.

(h) A dispute arising after the termination of the tenancy, including under ORS 90.425 (Disposition of personal property abandoned by tenant), 90.675 (Disposition of manufactured dwelling or floating home left in facility) or 105.161 (Service and enforcement of writ of execution and eviction trespass notice).

(7) This section does not require any party to:

(a) Reach an agreement on any or all issues submitted to mediation;

(b) Participate in more than one mediation session or participate for an unreasonable length of time in a session; or

(c) Waive or forgo any rights or remedies or the use of any other available informal dispute resolution process.

(8) A mediator in a mediation under this section shall notify the Housing and Community Services Department as to whether the dispute was resolved through mediation but may not provide the department with the contents of any resolution.

(9) A landlord may unilaterally amend a rental agreement or facility rules and regulations to comply with this section.

(10) If a party refuses to participate in good faith in mediation with another party or uses mediation to harass another party, the other party:

(a) Has a defense to a claim related to the subject of the dispute for which mediation was sought; and

(b) Is entitled to damages of one month’s rent against the party. [2019 c.625 §8]

Chapter 90

Notes of Decisions

The prevailing party in an ac­tion brought under this Act is entitled to attorney fees. Executive Manage­ment v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining ac­tion for pos­ses­sion. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days’ written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinc­tion in this act between residential and nonresidential tenancies is not irra­tional, arbitrary or unreasonable under United States or Oregon Constitu­tion. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of per­sonal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent “unusual circumstances,” to receive attorney fees for damages for prevailing on per­sonal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause evic­tion notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to pos­ses­sion of house and whether tenants’ right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869; ap­pli­ca­bil­i­ty to university housing and properties, (1976) Vol 37, p 1297

Law Review Cita­tions

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)

1 Legislative Counsel Committee, CHAPTER 90—Residential Landlord and Tenant, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors090.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 90, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano090.­html (2019) (last ac­cessed May 16, 2020).
 
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