General Provisions
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Terms Used In Oregon Statutes > Chapter 90 - Residential Landlord and Tenant

  • Absent elector: means a person to whom the county clerk has issued a ballot prior to the date that ballots are mailed to electors as provided in ORS § 254. See Oregon Statutes 253.005
  • Academic content standards: means expectations of student knowledge and skills adopted by the State Board of Education under ORS § 329. See Oregon Statutes 329.007
  • Academic year: means the year beginning July 1 of each year and ending June 30 of the following year running concurrently with the fiscal year. See Oregon Statutes 341.005
  • Accessory building or structure: means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

    (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

    (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home. See Oregon Statutes 90.100

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
  • Affected territory: means that territory proposed to be formed into, annexed to or consolidated with a district. See Oregon Statutes 261.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliated organization: means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity:

    (a) That is the lessor of the real property on which the facilities of the provider are situated;

    (b) That a provider has identified in its disclosure statement pursuant to ORS § 101. See Oregon Statutes 101.020

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applicant: means a provider that has submitted an application and disclosure statement to register as a continuing care retirement community. See Oregon Statutes 101.020
  • Applicant screening charge: means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit. See Oregon Statutes 90.100
  • Application fee: means a fee charged to an individual or individuals, prior to execution of a residency agreement, apart from an entrance fee. See Oregon Statutes 101.020
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: means the articles described in ORS § 60. See Oregon Statutes 60.001
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
  • Audited financial statement: means a provider's financial statement that has been prepared in accordance with generally accepted accounting principles and that has been audited by an independent certified public accountant in accordance with generally accepted auditing standards and includes notes to the financial statement that state whether or not the continuing care retirement community is in compliance with its reserve requirements. See Oregon Statutes 101.020
  • Authorized shares: means the shares of all classes that a domestic or foreign corporation is authorized to issue. See Oregon Statutes 60.001
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • ballot: includes material posted in a voting compartment or delivered to an elector by mail. See Oregon Statutes 254.005
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bias crime: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
  • board: means the governing body of a people's utility district, elected and functioning under the provisions of this chapter. See Oregon Statutes 261.010
  • Board: means the board of education of a community college district. See Oregon Statutes 341.005
  • Board member: means a member of the board of education of a community college district. See Oregon Statutes 341.005
  • board of commissioners: means the governing body of a district. See Oregon Statutes 264.010
  • Building and housing codes: includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. See Oregon Statutes 90.100
  • Candidate: means an individual whose name is or is expected to be printed on the official ballot. See Oregon Statutes 251.005
  • Candidate: means a candidate for nomination or election to any elective office. See Oregon Statutes 258.006
  • Carbon monoxide source: has the meaning given that term in ORS § 105. See Oregon Statutes 90.100
  • CCRC: means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement. See Oregon Statutes 101.020
  • Chief elections officer: means the:

    (a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large. See Oregon Statutes 254.005

  • City office: means the office of mayor, city auditor, city councillor or municipal judge of a city having a population of 50,000 or more according to the most recent determination made under ORS § 190. See Oregon Statutes 251.005
  • Clerk: means the county clerk. See Oregon Statutes 253.005
  • Closed bed long term care facility: means a licensed long term care facility in a continuing care retirement community that is used exclusively by individuals receiving long term care services under a residency agreement. See Oregon Statutes 101.020
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • community college: means a public institution operated by a community college district for the purposes of providing courses of study limited to not more than two years' full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to career and technical education programs or lower division collegiate programs. See Oregon Statutes 341.005
  • Community college district: includes a community college service district. See Oregon Statutes 341.005
  • Community learning center: means a school-based or school-linked program providing informal meeting places and coordination for community activities, adult education, child care, information and referral and other services as described in ORS § 329. See Oregon Statutes 329.007
  • Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
  • Contestant: means any person who files a petition of contest under ORS § 258. See Oregon Statutes 258.006
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
  • Control point: means a horizontal or vertical survey position set within the stated precision of the survey. See Oregon Statutes 209.005
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • council: means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents. See Oregon Statutes 101.020
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means the county in which the district, or the greater portion of the taxable assessed value of the district, is located. See Oregon Statutes 264.010
  • County: means the county in which the district, or the greater portion of the taxable assessed value of the district, is located. See Oregon Statutes 266.010
  • County board: means the county court or board of county commissioners of the county. See Oregon Statutes 264.010
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 250.005
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 251.005
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 253.005
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 254.005
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 255.005
  • County clerk: means the county clerk or the county official in charge of elections. See Oregon Statutes 258.006
  • County clerk: means the county clerk of the county. See Oregon Statutes 264.010
  • county court: includes board of county commissioners. See Oregon Statutes 202.010
  • County governing body: means either the county court or board of county commissioners and, if the affected territory is composed of portions of two or more counties, the governing body of that county having the greatest portion of the assessed value of all taxable property within the affected territory, as shown by the most recent assessment roll of the counties. See Oregon Statutes 261.010
  • County surveyor: means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law. See Oregon Statutes 209.005
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • DBH: means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. See Oregon Statutes 90.100
  • Dealer: means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence. See Oregon Statutes 90.100
  • Decedent: A deceased person.
  • Delivery: means any method of delivery used in conventional commercial practice, including by hand, mail, commercial delivery and, in accordance with ORS § 60. See Oregon Statutes 60.001
  • Department: means the Department of Education. See Oregon Statutes 329.007
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Deputy county surveyor: means an individual appointed by the county surveyor to the office of deputy county surveyor. See Oregon Statutes 209.005
  • Devise: To gift property by will.
  • Director: means the Director of the Office of Community Colleges and Workforce Development appointed under ORS § 350. See Oregon Statutes 341.005
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property, except of a corporation's own shares, or a corporation's incurrence of indebtedness to or for the benefit of the corporation's shareholders in respect of any of the corporation's shares, in the form of a declaration or payment of a dividend, a purchase, redemption or other acquisition of shares, a distribution of indebtedness, or otherwise. See Oregon Statutes 60.001
  • district: means an incorporated people's utility district, created under the provisions of this chapter. See Oregon Statutes 261.010
  • District: means a domestic water supply district formed under this chapter. See Oregon Statutes 264.010
  • District: means park and recreation district formed under this chapter. See Oregon Statutes 266.010
  • district: means a district formed under this chapter to operate one or more community colleges or to secure educational services available at a community college. See Oregon Statutes 341.005
  • District board: means the governing body of a district. See Oregon Statutes 255.005
  • District election: means any election authorized or required to be held by a district. See Oregon Statutes 255.005
  • District elections authority: means the county court or board of county commissioners, district board or other body or officer authorized or required to call a district election. See Oregon Statutes 255.005
  • domestic professional corporation: means a corporation organized under this chapter for the specific purpose of rendering professional service or services and for such other purposes provided under this chapter. See Oregon Statutes 58.015
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drug and alcohol free housing: means a dwelling unit described in ORS § 90. See Oregon Statutes 90.100
  • Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
  • Elections officer: means the:

    (a) County clerk of the county in which the administrative office of the district is located regarding a measure, or a candidate for an office, to be voted on in a district located in more than one county. See Oregon Statutes 255.005

  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 250.005
  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 251.005
  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 253.005
  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 254.005
  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 255.005
  • Elector: means an individual qualified to vote under section 2, Article II, Oregon Constitution. See Oregon Statutes 258.006
  • Electric cooperative: means a cooperative corporation owning and operating an electric distribution system. See Oregon Statutes 261.010
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. See Oregon Statutes 101.020
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
  • Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign professional corporation: means a professional corporation organized under laws other than the laws of this state. See Oregon Statutes 58.015
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Full recount: means a recount of all the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. See Oregon Statutes 258.006
  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • Geodetic control: means horizontal or vertical survey monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network. See Oregon Statutes 209.005
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazard tree: means a tree that:

    (a) Is located on a rented space in a manufactured dwelling park;

    (b) Measures at least eight inches DBH; and

    (c) Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS § 671. See Oregon Statutes 90.100

  • Higher education and career path skills: means instruction that provides guidance on:

    (a) Applying for jobs, including preparing a resume or filling out a job application and developing job interview skills;

    (b) Applying for admission to a post-secondary institution of education, including applying for financial aid and scholarships;

    (c) Applying for post-secondary learning and job training opportunities and programs that do not require a four-year degree, including apprenticeships and how to meet the prerequisites for those opportunities and programs;

    (d) Developing career-related skills, including improving employability skills, taking advantage of community-based experiential learning and gaining knowledge of career opportunities; and

    (e) Seeking assistance, including accessing community resources and acting as a self-advocate for mental, physical and financial well-being. See Oregon Statutes 329.007

  • Holocaust and genocide studies: means studies on the Holocaust, genocide and other acts of mass violence that comply with the requirements described in ORS § 329. See Oregon Statutes 329.007
  • Hotel or motel: means 'hotel' as that term is defined in ORS § 699. See Oregon Statutes 90.100
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Informal dispute resolution: includes voluntary consultation between the landlord or landlord's agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. See Oregon Statutes 90.100
  • Initial utility system: means a complete operating utility system, including energy efficiency measures and installations within the district or proposed district, capable of supplying the consumers required to be served by the district at the time of acquisition or construction with all of their existing water or electrical energy needs. See Oregon Statutes 261.010
  • Institution: means the institutions designated in ORS § 179. See Oregon Statutes 179.010
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Invitation to bid: means all documents, whether attached or incorporated by reference, used for soliciting bids. See Oregon Statutes 279B.005
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
  • Language arts: includes reading, writing and other communications in any language, including English. See Oregon Statutes 329.007
  • License: includes a license, certificate of registration, permit or other legal authorization required by law as a condition precedent to the rendering of professional service or services within this state. See Oregon Statutes 58.015
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Living unit: means a room, apartment, cottage or other area set aside for the exclusive use of the resident. See Oregon Statutes 101.020
  • Local exchange telecommunications service: means telecommunications service provided within the boundaries of exchange maps filed with and approved by the commission. See Oregon Statutes 759.005
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • Major political party: means a political party that has qualified as a major political party under ORS § 248. See Oregon Statutes 254.005
  • Manager: means a person, corporation, partnership, association or other legal entity that enters into a contractual arrangement with the provider to manage the continuing care retirement community. See Oregon Statutes 101.020
  • Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
  • Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
  • Marina: means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
  • Measure: includes any of the following submitted to the people for their approval or rejection at an election:

    (a) A proposed law. See Oregon Statutes 250.005

  • Measure: includes any of the following submitted to the people for their approval or rejection at an election:

    (a) A proposed law. See Oregon Statutes 251.005

  • Measure: includes any of the following submitted to the people for their approval or rejection at an election:

    (a) A proposed law. See Oregon Statutes 254.005

  • Measure: includes any of the following submitted to the people for their approval or rejection at an election:

    (a) A proposed law. See Oregon Statutes 255.005

  • Measure: includes any of the following submitted to the people for their approval or rejection at an election:

    (a) A proposed law. See Oregon Statutes 258.006

  • Minor political party: means a political party that has qualified as a minor political party under ORS § 248. See Oregon Statutes 254.005
  • Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
  • Monument: means any permanent material object or collection of objects, either natural or man-made, that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner established by a qualified surveyor. See Oregon Statutes 209.005
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • New continuing care retirement community: means a continuing care retirement community registered by a provider on or after January 1, 1990. See Oregon Statutes 101.020
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonpartisan office: means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS Chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter. See Oregon Statutes 254.005
  • Oath: A promise to tell the truth.
  • Open bed long term care facility: means a licensed long term care facility in a continuing care retirement community that admits persons who have not signed a residency agreement. See Oregon Statutes 101.020
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oregon Studies: means history, geography, economics and civics specific to the State of Oregon. See Oregon Statutes 329.007
  • Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. See Oregon Statutes 90.100
  • Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

    (a) All or part of the legal title to property; or

    (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

  • Owner: means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. See Oregon Statutes 264.010
  • Parcel of territory: means a portion of unincorporated territory, or an area in a city comprised of less than the entire city. See Oregon Statutes 261.010
  • Parents: means parents or guardians of students who are covered by this chapter. See Oregon Statutes 329.007
  • Partial recount: means a recount conducted in a number of precincts equal to the greater of:

    (a) Five percent of the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot; or

    (b) Three specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. See Oregon Statutes 258.006

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Paying agent and registrar: means the county treasurer or county fiscal officer of the county in which the chief administrative officer of the community college district maintains the administrative office. See Oregon Statutes 341.005
  • Person: includes an individual or organization. See Oregon Statutes 90.100
  • Person: means an individual or entity. See Oregon Statutes 60.001
  • Person: means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity. See Oregon Statutes 260.005
  • person with a disability: means any person who:

    (a) Has a physical or mental impairment which substantially limits one or more major life activities;

    (b) Has a record of such an impairment; or

    (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

  • Personal financial education: means instruction that provides guidance on:

    (a) Credit scores, including how to build credit, the costs and benefits of borrowing money on credit and the long-term impacts of high or low credit scores;

    (b) Investments, asset building and debt, including how to open a bank account, different types of bank accounts, compound interest, the total cost of loan repayment, comparing investment options and types of investments and understanding different types of retirement accounts;

    (c) Strategies for creating a budget, tracking and modifying spending patterns and understanding insurance products, including exploring common costs associated with rentals and home ownership;

    (d) Taxes, including accessing tax credits, understanding tax cycles, being familiar with state and federal tax forms and being familiar with federal, state, regional and local taxes; and

    (e) Building financial well-being, including evaluating the impact of behavioral economics and the psychology of money, explaining trends in financial health and evaluating consumer skills, including fraud and identity theft prevention. See Oregon Statutes 329.007

  • petition: means a petition addressed to the county governing body and filed with the county clerk, containing the signatures of electors registered in the affected territory, equal to not less than three percent of the total number of votes cast for all candidates for Governor within the affected territory at the most recent election at which a candidate for Governor was elected to a full term, setting forth and particularly describing the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, referred to therein, and requesting the county governing body to call an election to be held within the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, for the formation of a district, the annexation of a parcel of territory or a city to a district, or the consolidation of two or more districts. See Oregon Statutes 261.010
  • Petition committee: means an initiative, referendum or recall petition committee organized under ORS § 260. See Oregon Statutes 260.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political committee: means a combination of two or more individuals, or a person other than an individual, that has:

    (a) Received a contribution for the purpose of supporting or opposing a candidate, measure or political party; or

    (b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. See Oregon Statutes 260.005

  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prefabricated structure: means a structure that is substantially constructed or assembled using closed construction at an off-site location in compliance with the state building code and that is sited and occupied by the owner in compliance with local codes. See Oregon Statutes 90.100
  • Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. See Oregon Statutes 90.100
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal county: means the county in which the chief administrative officer of the community college district maintains the administrative office. See Oregon Statutes 341.005
  • Principal office: means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign corporation are located and designated in the annual report or in the application for authority to transact business in this state. See Oregon Statutes 60.001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Professional service: means personal service or services rendered in this state to the public which may be lawfully rendered only pursuant to a license by a professional. See Oregon Statutes 58.015
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective petition: means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. See Oregon Statutes 250.005
  • Prospective petition: means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. See Oregon Statutes 254.005
  • Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
  • Public charter school: has the meaning given that term in ORS § 338. See Oregon Statutes 329.007
  • Public land survey corner: means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor. See Oregon Statutes 209.005
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
  • Recess: A temporary interruption of the legislative business.
  • Record date: means the date established under this chapter on which a corporation determines the identity of the corporation's shareholders and their shareholdings for purposes of this chapter. See Oregon Statutes 60.001
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreational vehicle: has the meaning given that term in ORS § 174. See Oregon Statutes 90.100
  • Recreational vehicle park: has the meaning given that term in ORS § 197. See Oregon Statutes 90.100
  • Registered professional land surveyor: has the meaning given that term in ORS § 672. See Oregon Statutes 209.005
  • Regular district election: means the election held each year for the purpose of electing members of any district board as defined in subsection (2) of this section. See Oregon Statutes 255.005
  • Regular periodic charges: means basic monthly fees charged to a resident on an ongoing basis. See Oregon Statutes 101.020
  • Regulatory board: means the governmental agency of the State of Oregon required or authorized by law to license and regulate the rendering of a professional service or services for which a professional corporation is organized. See Oregon Statutes 58.015
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remote communication: means any method by which a person that is not physically present at the location at which a meeting occurs may nevertheless hear or otherwise communicate at substantially the same time with other persons at the meeting and have access to materials necessary to participate or vote in the meeting to the extent of the person's authorization to participate or vote. See Oregon Statutes 60.001
  • Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
  • Rental agreement: includes a lease. See Oregon Statutes 90.100
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Request for proposals: means all documents, whether attached or incorporated by reference, used for soliciting proposals. See Oregon Statutes 279B.005
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residency agreement: means a contract between a provider and a resident for the provision of continuing care for a period greater than one year. See Oregon Statutes 101.020
  • Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Roomer: means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure. See Oregon Statutes 90.100
  • School district: means a common school district, a union high school district, an education service district or a community college district. See Oregon Statutes 255.005
  • School district: includes common and union high school districts. See Oregon Statutes 328.001
  • Screening or admission criteria: means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. See Oregon Statutes 90.100
  • Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
  • Separate parcel of territory: means unincorporated territory that is not contiguous to other territory that is a part of a district or that is described in a petition filed with the county clerk in pursuance of the provisions of this chapter, but when a proposed district includes territory in more than one county, the contiguous territory in each such county shall be considered as a separate parcel of territory. See Oregon Statutes 261.010
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexual assault: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
  • Shared telecommunications service: means the provision of telecommunications and information management services and equipment to a user group located in discrete premises in building complexes, campuses or high-rise buildings, by a commercial shared services provider or by a users' association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to local exchange telecommunications service. See Oregon Statutes 759.005
  • Shareholder: means a person in whose name a share is registered in the records of a corporation or the beneficial owner of a share to the extent of the rights granted by a nominee certificate on file with a corporation. See Oregon Statutes 60.001
  • Sign: means to indicate a present intent to authenticate or adopt a document by:

    (a) Affixing a symbol to the document;

    (b) Inscribing or affixing a manual, facsimile or conformed signature on the document; or

    (c) Attaching to, or logically associating with, an electronic transmission any electronic sound, symbol or process, including an electronic signature. See Oregon Statutes 60.001

  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Squatter: means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. See Oregon Statutes 90.100
  • Stalking: means the behavior described in ORS § 163. See Oregon Statutes 90.100
  • state board: means the State Board of Education. See Oregon Statutes 329.007
  • Statement of policy: means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS § 90. See Oregon Statutes 90.100
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Surrender: means an agreement, express or implied, as described in ORS § 90. See Oregon Statutes 90.100
  • Teacher: means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. See Oregon Statutes 329.007
  • Telecommunications: means the transmission of information chosen by a person, between or among points specified by the person, without change in the form or content of the information sent or received. See Oregon Statutes 759.005
  • Telecommunications service: means telecommunications that are offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the facilities used to provide the telecommunications. See Oregon Statutes 759.005
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Transient lodging: means a room or a suite of rooms. See Oregon Statutes 90.100
  • Transient occupancy: means occupancy in transient lodging that has all of the following characteristics:

    (a) Occupancy is charged on a daily basis and is not collected more than six days in advance;

    (b) The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy; and

    (c) The period of occupancy does not exceed 30 days. See Oregon Statutes 90.100

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: means the federal government or a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 60.001
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Utility: means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity, or development or transmission of water for domestic or municipal purposes, but transmission of water shall not include water for irrigation or reclamation purposes, except as secondary to and when used in conjunction with a hydroelectric plant. See Oregon Statutes 261.010
  • Vacation occupancy: means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that:

    (a) Has all of the following characteristics:

    (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

    (B) The occupant has a principal residence other than at the unit; and

    (C) The period of authorized occupancy does not exceed 45 days; or

    (b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:

    (A) The occupant rents the unit for vacation purposes only, not as a principal residence;

    (B) The occupant has a principal residence other than at the space;

    (C) The period of authorized occupancy does not exceed 90 days;

    (D) The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and

    (E) A written agreement is signed by the occupant that substantially states: 'Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). See Oregon Statutes 90.100

  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Violate: includes failure to comply. See Oregon Statutes 174.100
  • Vote tally system: means one or more pieces of equipment necessary to examine and tally automatically the marked ballots. See Oregon Statutes 254.005
  • Voting machine: means any device that will record every vote cast on candidates and measures and that will either internally or externally total all votes cast on that device. See Oregon Statutes 254.005
  • Week-to-week tenancy: means a tenancy that has all of the following characteristics:

    (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

    (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

    (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100

  • World languages: includes sign language, heritage languages and languages other than a student's primary language. See Oregon Statutes 329.007
  • Written: means embodied as a document. See Oregon Statutes 60.001