Oregon Statutes 90.304 – Statement of reasons for denial; remedy
(1) If a landlord denies an application after the landlord’s application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial.
Terms Used In Oregon Statutes 90.304
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
(2) The landlord’s statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off. The reasons may include, but are not limited to, the following:
(a) Rental information, including:
(A) Negative or insufficient reports from references or other sources.
(B) An unacceptable or insufficient rental history, such as the lack of a reference from a prior landlord.
(C) A prior action for possession under ORS § 105.100 to 105.168 that resulted in a general judgment for the plaintiff or an action for possession that has not yet resulted in dismissal or general judgment.
(D) Inability to verify information regarding a rental history.
(b) Criminal records, including:
(A) An unacceptable criminal history.
(B) Inability to verify information regarding criminal history.
(c) Financial information, including:
(A) Insufficient income.
(B) Negative information provided by a consumer credit reporting agency.
(C) Inability to verify information regarding credit history.
(d) Failure to meet other written screening or admission criteria.
(e) The dwelling unit has already been rented.
(3) The statement of reasons for denial must include:
(a) The name and address of any tenant screening companies or consumer credit reporting agencies that provided a report upon which the denial is based, if not previously disclosed to the applicant;
(b) Any supplemental evidence provided by the applicant that the landlord considered and an explanation of the reasons that the supplemental evidence did not adequately compensate for the factors that informed the landlord’s decision to reject the application; and
(c) A right of the applicant to appeal the determination, if any right to appeal exists.
(4) Except as provided in subsection (3)(a) of this section, a landlord need not disclose the results of an applicant screening or report to an applicant, with respect to information that is not required to be disclosed under the federal Fair Credit Reporting Act. A landlord may give to an applicant a copy of that applicant’s consumer report, as defined in the Fair Credit Reporting Act.
(5) Before denying an application for housing on the basis of criminal history, a landlord must:
(a) Provide an opportunity for the applicant to submit supplemental evidence to explain, justify or negate the relevance of potentially negative information.
(b) Conduct an individualized assessment of the applicant, including any supplemental evidence, taking into consideration:
(A) The nature and severity of the incidents that would lead to a denial;
(B) The number and type of incidents;
(C) The time that has elapsed since the date the incidents occurred; and
(D) The age of the individual at the time the incidents occurred.
(6) If a landlord fails to comply with this section, the applicant may recover from the landlord $100. [2005 c.391 § 31; 2021 c.577 § 3]