Oregon Statutes 90.453 – Release of victim from tenancy; victim verification statement
(1) As used in this section:
Terms Used In Oregon Statutes 90.453
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- 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.
- Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual or organization. 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) ‘Immediate family member’ means, with regard to a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, any of the following who is not a perpetrator of the domestic violence, sexual assault, bias crime or stalking against the tenant:
(A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS § 106.310, or as defined or described in similar law in another jurisdiction;
(B) A cohabitant in an intimate relationship;
(C) An unmarried parent of a joint child; or
(D) A child, grandchild, foster child, ward or guardian of the victim or of anyone listed in subparagraph (A), (B) or (C) of this paragraph.
(b) ‘Qualified third party’ means a person that has had individual contact with the tenant and is a law enforcement officer, attorney or licensed health professional, an employee of the Department of Justice division providing victim and survivor services or a victim’s advocate at a victim services provider.
(c) ‘Verification’ means:
(A) A copy of a valid order of protection issued by a court pursuant to ORS § 30.866, 107.095 (1)(c), 107.716, 107.718, 107.725, 107.730, 163.738, 163.765, 163.767 or 163.775 or any other federal, state, local or tribal court order that restrains a person from contact with the tenant;
(B) A copy of a federal agency or state, local or tribal police report regarding an act of domestic violence, sexual assault, bias crime or stalking against the tenant;
(C) A copy of a conviction of any person for an act of domestic violence, sexual assault, bias crime or stalking against the tenant; or
(D) A statement substantially in the form set forth in subsection (3) of this section.
(d) ‘Victim services provider’ means:
(A) A nonprofit agency or program receiving moneys administered by the Department of Human Services or the Department of Justice that offers safety planning, counseling, support or advocacy to victims of domestic violence, sexual assault, bias crime or stalking; or
(B) A prosecution-based victim assistance program or unit.
(2)(a) If a tenant gives a landlord at least 14 days’ written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement.
(b) The notice given by the tenant must specify the release date and must list the names of any immediate family members to be released in addition to the tenant.
(c) The notice must be accompanied by verification that the tenant:
(A) Is protected by a valid order of protection; or
(B) Has been the victim of domestic violence, sexual assault, bias crime or stalking within the 90 days preceding the date of the notice. For purposes of this subparagraph, any time the perpetrator was incarcerated or residing more than 100 miles from the victim’s home does not count as part of the 90-day period.
(3) A verification statement must be signed by the tenant and the qualified third party and be in substantially the following form:
______________________________________________________________________________
QUALIFIED THIRD PARTY
VERIFICATION
______________________
Name of qualified third party
______________________
Name of tenant
PART 1. STATEMENT BY TENANT
I, ________ (Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been a victim of domestic violence, sexual assault, bias crime or stalking, as those terms are defined in ORS § 90.100.
(B) The most recent incident(s) that I rely on in support of this statement occurred on the following date(s): _________.
___ The time since the most recent incident took place is less than 90 days; or
___ The time since the most recent incident took place is less than 90 days if periods when the perpetrator was incarcerated or was living more than 100 miles from my home are not counted. The perpetrator was incarcerated from ____________ to ____________. The perpetrator lived more than 100 miles from my home from ___________ to ___________.
(C) I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of tenant)
Date: ________
PART 2. STATEMENT BY QUALIFIED THIRD PARTY
I, ________ (Name of qualified third party), do hereby verify as follows:
(A) I am a law enforcement officer, attorney or licensed health professional or a victim’s advocate with a victims services provider, as defined in ORS § 90.453.
(B) My name, business address and business telephone are as follows:
___________________________
___________________________
___________________________
(C) The person who signed the statement above has informed me that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault, bias crime or stalking, based on incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of the person above that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault, bias crime or stalking, as those terms are defined in ORS § 90.100. I understand that the person who made the statement may use this document as a basis for gaining a release from the rental agreement with the person’s landlord.
I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of qualified third party
making this statement)
Date: ________
______________________________________________________________________________
(4) A tenant and any immediate family member who is released from a rental agreement pursuant to subsection (2) of this section:
(a) Is not liable for rent or damages to the dwelling unit incurred after the release date; and
(b) Is not subject to any fee solely because of termination of the rental agreement.
(5) Notwithstanding the release from a rental agreement of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking and any tenant who is an immediate family member of that tenant, other tenants remain subject to the rental agreement.
(6) A landlord may not disclose any information provided by a tenant under this section to a third party unless the disclosure is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
(7) The provision of a verification statement under subsection (2) of this section does not waive the confidential or privileged nature of a communication between the victim of domestic violence, sexual assault, bias crime or stalking and a qualified third party. [2003 c.378 § 4; 2007 c.508 § 9; 2011 c.42 § 9a; 2015 c.388 § 6; 2023 c.549 § 2]