Oregon Statutes 659A.262 – Warrant on behalf of person entitled to access to housing; vacation of warrant; rules
(1) In the event that any person claiming to be an authorized or invited person is denied access to housing, the person may apply to any magistrate having jurisdiction to issue warrants, for an order authorizing the person to gain access to the housing.
Terms Used In Oregon Statutes 659A.262
- Bureau: means the Bureau of Labor and Industries. See Oregon Statutes 659A.001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The application pursuant to this section shall be sworn and shall include allegations of the facts and circumstances under which the person alleges that the person is entitled to access under ORS § 659A.250 to 659A.262.
(3) If, on ex parte review of the application, it appears from the sworn allegations of the application that the person is entitled to access to the housing, the magistrate shall promptly issue an order restraining the owner of the housing from interfering with the access of the applicant to the housing.
(4) No fee, bond or undertaking shall be required in connection with proceedings under this section.
(5) On sufficient cause, the magistrate may enter further orders for the protection of residents of the housing, including the temporary sealing of the application, or portions thereof.
(6) Any person subject to an order referred to in subsections (1) to (5) of this section may request that the order be vacated or modified by filing a written motion with the court which issued the order.
(7) Upon receipt of a motion to modify or vacate the order, the court shall schedule a hearing.
(8) If after the hearing, the court determines that the applicant is not entitled to access, the court shall vacate or modify the order.
(9) The Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS § 659A.250 to 659A.262. [Formerly 659.297]
PROTECTIONS BECAUSE OF DOMESTIC VIOLENCE, HARASSMENT, SEXUAL ASSAULT, BIAS OR STALKING
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