Oregon Statutes 90.358 – Dwelling use as family child care home allowed; conditions
(1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant’s use of a dwelling as a family child care home if:
Terms Used In Oregon Statutes 90.358
- 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
- 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
- Facility: means a manufactured dwelling park or a marina. 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
- 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
- Rental agreement: includes a lease. See Oregon Statutes 90.100
(a) The family child care home is certified under ORS § 329A.280 or registered under ORS § 329A.330; and
(b) The tenant has notified the landlord of the use.
(2) A landlord shall take reasonable steps to cooperate with a tenant who uses, or intends, plans or attempts to use, the dwelling as a family child care home.
(3) A tenant may enforce the requirements of subsections (1) and (2) of this section under ORS § 90.360.
(4) This section and ORS § 90.385 do not prohibit a landlord from:
(a) Requiring that a tenant pay in advance for costs of modifications necessary or desirable for the tenant’s use, certification or registration of the dwelling as a family child care home that are not required of the landlord under ORS § 90.320 or the rental agreement.
(b) Prohibiting a use not allowed under the zoning for the dwelling unit or an association’s governing documents as defined in ORS § 94.550 or 100.005.
(c) Prohibiting a use not allowed under rules established by the Early Learning Council implementing ORS § 329A.280.
(5) A landlord may require that a tenant using the property as a family child care home, at the election of the landlord, either:
(a) Require parents of any children under the care of the family child care home sign a document in which the parents:
(A) Agree for themselves and their children that the landlord, owner or association, as defined in ORS § 94.550 or 100.005, is not liable for losses from injuries to their children or their guests connected with the operation of the family child care facility; and
(B) Acknowledge that the family home care provider does not maintain liability coverage for losses from injuries to their children or their guests connected with the operation of the family child care facility; or
(b) In addition to the requirements of ORS § 90.222, carry and maintain a reasonable surety bond or liability policy covering injuries to their children and guests that:
(A) Provides coverage of claims for injuries sustained on account of the negligence of the tenant or its employees; and
(B) Names the landlord, owner or association, as defined in ORS § 94.550 or 100.005, as an additional insured.
(6) This section does not require a family child care home to carry any insurance policy unless required by a landlord under subsection (5)(b) of this section.
(7) This section does not apply to housing for older persons as defined in ORS § 659A.421. [2023 c.145 § 2]
90.358 was added to and made a part of ORS Chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.