Oregon Statutes 90.449 – Landlord discrimination against victim; exception; tenant defenses and remedies
(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement:
Terms Used In Oregon Statutes 90.449
- 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
- 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
- Bias crime: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- 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
- 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
- Sexual assault: has the meaning given that term in ORS § 147. See Oregon Statutes 90.100
- Stalking: means the behavior described in ORS § 163. See Oregon Statutes 90.100
(a) Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault, bias crime or stalking.
(b) Because of a violation of the rental agreement or a provision of this chapter, if the violation consists of an incident of domestic violence, sexual assault, bias crime or stalking committed against the tenant or applicant.
(c) Because of criminal activity relating to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim, or of any police or emergency response related to domestic violence, sexual assault, bias crime or stalking in which the tenant or applicant is the victim.
(2) A landlord may not impose different rules, conditions or standards or selectively enforce rules, conditions or standards against a tenant or applicant on the basis that the tenant or applicant is or has been a victim of domestic violence, sexual assault, bias crime or stalking.
(3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault, bias crime or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault, bias crime or stalking and:
(a) The tenant permits or consents to the perpetrator’s presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or
(b) The perpetrator is an unauthorized occupant and the tenant permits or consents to the perpetrator living in the dwelling unit without the permission of the landlord.
(4) If a landlord violates this section:
(a) A tenant or applicant may recover up to two months’ periodic rent or twice the actual damages sustained by the tenant or applicant, whichever is greater;
(b) The tenant has a defense to an action for possession by the landlord; and
(c) The applicant may obtain injunctive relief to gain possession of the dwelling unit.
(5) Notwithstanding ORS § 105.137 (4), if a tenant asserts a successful defense under subsection (4) of this section to an action for possession, the tenant is not entitled to prevailing party fees, attorney fees or costs and disbursements if the landlord:
(a) Did not know, and did not have reasonable cause to know, at the time of commencing the action that a violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking; and
(b) Promptly dismissed tenants other than the perpetrator from the action upon becoming aware that the violation or incident on which the action was based was related to domestic violence, sexual assault, bias crime or stalking. [2007 c.508 § 4; 2011 c.42 § 9; 2023 c.549 § 1c]
[Formerly 90.940; 1997 c.303 § 5; 1999 c.603 § 31; renumbered 90.465 in 2007]