(1) Beginning on the termination date and lasting for a period of three years, the owner or landlord of formerly publicly supported housing:

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(a) May not terminate the tenancy under ORS § 90.427 (3)(b), (4)(b) or (5).

(b) May not provide a rent increase notice more than once in any calendar year.

(c) Shall comply with ORS § 90.323 and with requirements adopted by the Housing and Community Services Department and applicable to affordable rental housing managed by the department that govern rent increases, including requirements related to rent increase limits, required notices or approval or review by the department.

(2) Subsection (1) of this section applies only to residential tenancies that:

(a) Existed on the termination date; and

(b) Do not include any tenants who receive tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. § 1437f.

(3)(a) The department may assess a civil penalty against an owner that does not comply with this section. The penalty may not exceed $5,000. In assessing a penalty under this section, the department shall take into consideration the good faith efforts of an owner or landlord to comply with this section.

(b) The department shall deposit any moneys collected under this subsection into the Housing Finance Fund under ORS § 456.720.

(c) If a civil penalty assessed under this subsection is not paid on or before 90 days after the order assessing the civil penalty becomes final by operation of law, the department may file the order with the county clerk of the county where the property is located as a lien against the property. In addition to any other available remedy, recording the order in the County Clerk Lien Record has the effect provided for in ORS § 205.125 and 205.126 and the order may be enforced as provided in ORS § 205.125 and 205.126. [2023 c.389 § 2]

See notes under 456.250.

AFFORDABLE HOUSING COVENANTS