Chapter 565
AN ACT
SB 431
Relating to involuntary towing of motor
vehicles.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS chapter 90.
SECTION 2. (1) A landlord may have a motor vehicle
removed from the premises only in compliance with this section and either ORS
98.810 to 98.818 or ORS 98.830, 98.835 and 98.840.
(2) Except as provided
in ORS 90.425 regarding abandoned vehicles, a landlord may have a motor vehicle
removed from the premises without notice to the owner or operator of the
vehicle only if the vehicle:
(a) Blocks or prevents
access by emergency vehicles;
(b) Blocks or prevents
entry to the premises;
(c) Violates a
prominently posted parking prohibition;
(d) Blocks or is
unlawfully parked in a space reserved for persons with disabilities;
(e) Is parked in an area
not intended for motor vehicles including, but not limited to, sidewalks, lawns
and landscaping;
(f) Is parked in a space
reserved for tenants and does not display a parking tag, sticker
or other device, as provided by subsection (3) of this section; or
(g) Is parked in a
specific space assigned to a tenant, as provided by subsection (4) of this
section.
(3) A landlord may have
a motor vehicle removed from the premises under subsection (2)(f)
of this section only if the landlord:
(a) Provides parking
tags, stickers or other devices that identify vehicles that are authorized to
be parked on the premises; and
(b) Enters into written
agreements with the owners or operators of vehicles authorized to park on the
premises that:
(A) Authorize the
landlord to have a vehicle removed from the premises without notice for failing
to display the parking tag, sticker or other device;
(B) Unless the
information is disclosed on prominent signs posted on the premises, disclose to
the owners or operators of authorized vehicles the name, address and contact
information of the tow company that is authorized to remove vehicles from the
premises; and
(C) Specify whether
guest parking is allowed and, if guest parking is allowed, describe
methods for identifying guest parking spaces or identifying authorized guest
vehicles.
(4) If a landlord
assigns a specific parking space to a tenant, the landlord may have a vehicle
towed under subsection (2)(g) of this section from the assigned parking space
only with the agreement of the tenant. The landlord may not require the tenant
to agree to towing.
(5) A landlord may have
a motor vehicle that is inoperable, but otherwise parked in compliance with an
agreement between the landlord and the owner or operator of the vehicle,
removed from the premises if the landlord affixes a prominent notice to the
vehicle stating that the vehicle will be towed if the vehicle is not removed or
otherwise brought into compliance with the agreement. The landlord must affix
the notice required by this subsection at least 72 hours before the vehicle may
be removed.
(6) A landlord may not
have a motor vehicle removed under this section because the vehicle’s
registration has expired or is otherwise invalid.
(7) This section does
not:
(a) Apply to a landlord
of a facility.
(b) Affect the
obligations imposed on a landlord under ORS 98.810 to 98.818 or under ORS
98.830, 98.835 and 98.840.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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