71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4024
 
                         House Bill 3758
 
Sponsored by Representative HANSEN; Representatives BARNHART,
  DEVLIN, GARDNER, JOHNSON, KAFOURY, LEE, MORGAN, NELSON, NOLAN,
  ROSENBAUM, V WALKER, WIRTH (at the request of Charlie Burr)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows person obtaining restraining order under Family Abuse
Prevention Act to obtain release from rental agreement
obligation.
  Prohibits discrimination against or blacklisting of person
based on release from rental agreement obligation. Imposes civil
penalty for violation, not to exceed $1,000.
 
                        A BILL FOR AN ACT
Relating to rental agreements.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) If a person provides a landlord with
documentation showing that a circuit court has issued an order
under ORS 107.718 in response to a petition filed by the person,
the landlord must release the person from the person's
obligations as a tenant under a rental agreement. If the person
is the only tenant who is a party to the rental agreement, the
tenancy terminates when the release becomes effective. If there
is another tenant who is a party to the rental agreement, release
of the person does not require that the landlord terminate the
agreement or tenancy with regard to the other tenant.
  (2) A person does not have a right under subsection (1) of this
section to be released from a rental agreement if the circuit
court has withdrawn the order issued under ORS 107.718 or the
order has expired.
  (3) Except as provided in this subsection, a release from a
rental agreement under this section is effective 14 days after
the landlord receives the documentation unless the landlord
obtains a new tenant for the unit before that date. For a
week-to-week tenancy, a notice is effective three days after the
landlord receives the documentation.
  (4) Notwithstanding ORS 90.300, if there is more than one
tenant who is a party to the rental agreement, the landlord shall
refund the released person's share of any security or other
deposit.
  (5) Notwithstanding ORS 90.300 (5)(a), 90.302 (3)(d) and
90.430, except as provided in subsection (4) of this section, a
person who is released from a rental agreement under this section
is not:
 
  (a) Subject to a penalty, fee, charge or loss of deposit
because of the release;
  (b) Liable for any rent beyond the effective date of the
release as determined under subsection (3) of this section; or
  (c) Liable for any damage to the dwelling unit occurring after
the person provides documentation as described in subsection (1)
of this section unless the damage is actually caused by the
tenant or a person under the control of the tenant. + }
  SECTION 2.  { + (1) A corporation, company or individual may
not blacklist a person or conspire or contrive to cause the
person to be blacklisted for the purpose of preventing the person
from securing housing or an extension of credit on the basis that
the person was released from a rental agreement under section 1
of this 2001 Act.
  (2) A public or private organization or individual may not
discriminate against a person for having obtained release from a
rental agreement under section 1 of this 2001 Act, including but
not limited to discrimination in renting residential property or
extending credit.
  (3) The Bureau of Labor and Industries may impose a civil
penalty on a person found to have violated this section. The
civil penalty may not exceed $1,000. + }
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