Chapter 715
AN ACT
SB 154
Relating to landlord-tenant law.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of ORS 90.100 to 90.459.
SECTION 2. Residence in a Department of Human Services
licensed program, facility or home described in ORS 430.306 to 430.375,
430.380, 430.385, 430.395, 430.397 to 430.401, 430.405 to 430.565, 430.570,
430.590, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by
this chapter.
SECTION 3. (1) As used in this section:
(a) “Group recovery home”
means a place that provides occupants with shared living facilities and that
meets the description of a group home under 42 U.S.C. 300x-25.
(b) “Illegal drugs”
includes controlled substances or prescription drugs:
(A) For which the tenant
does not have a valid prescription; or
(B) That are used by the tenant in a manner contrary to the
prescribed regimen.
(c) “Peace officer”
means a sheriff, constable, marshal or deputy or a member of a state or city
police force.
(2) Notwithstanding ORS
90.375 and 90.435, a group recovery home may terminate a tenancy and peaceably
remove a tenant without complying with ORS 105.105 to 105.168 if the tenant has
used or possessed alcohol or illegal drugs within the preceding seven days. For
purposes of this subsection, the following are sufficient proof that a tenant
has used or possessed alcohol or illegal drugs:
(a) The tenant fails a
test for alcohol or illegal drug use;
(b) The tenant refuses a
request made in good faith by the group recovery home that the tenant take a
test for alcohol or illegal drug use; or
(c) Any person has
personally observed the tenant using or possessing alcohol or illegal drugs.
(3) A group recovery
home that undertakes the removal of a tenant under this section shall
personally deliver to the tenant a written notice that:
(a)
Describes why the tenant is being removed;
(b) Describes the proof
that the tenant has used or possessed alcohol or illegal drugs within the seven
days preceding delivery of the notice;
(c) Specifies the date
and time by which the tenant must move out of the group recovery home;
(d) Explains that if the
removal was wrongful or in bad faith the tenant may seek injunctive relief to recover
possession under section 5 of this 2007 Act and may bring an action to recover
monetary damages; and
(e) Gives contact
information for the local legal services office and for the Oregon State Bar’s
Lawyer Referral Service, identifying those services as possible sources for
free or reduced-cost legal services.
(4) A written notice in
substantially the following form meets the requirements of subsection (3) of
this section:
____________________________________________________________________________
This notice is to
inform you that you must move out of ________ (insert address of group recovery home) by ________
(insert date and time that is not less than 24 hours after delivery of notice).
The reason for this
notice is ________ (specify use or possession of alcohol or illegal drugs, as
applicable, and dates of occurrence).
The proof of your use or
possession is ________ (specify facts).
If you did not use or
possess alcohol or illegal drugs within the seven days before delivery of this
notice, if this notice was given in bad faith or if your group recovery home
has not substantially complied with section 3 of this 2007 Act, you may be able
to get a court to order the group recovery home to let you move back in. You
may also be able to recover monetary damages.
You may be eligible for
free legal services at your local legal services office ________ (insert
telephone number) or reduced fee legal services through the Oregon State Bar at
1-800-452-7636.
____________________________________________________________________________
(5) Within the notice
period, a group recovery home shall allow a tenant removed under this section
to follow any emergency departure plan that was prepared by the tenant and
approved by the group recovery home at the time the tenancy began. If the
removed tenant does not have an emergency departure plan, a representative of
the group recovery home shall offer to take the removed tenant to a public
shelter, detoxification center or similar location if existing in the community.
(6) The date and time
for moving out specified in a notice under subsection (3) of this section must
be at least 24 hours after the date and time the notice is delivered to the
tenant. If the tenant remains on the group recovery home premises after the
date and time for moving out specified in the notice, the tenant is a person
remaining unlawfully in a dwelling as described in ORS 164.255 and not a person
described in ORS 105.115. Only a peace officer may forcibly remove a tenant who
remains on the group recovery home premises after the date and time specified
for moving out.
(7) A group recovery
home that removes a tenant under this section shall send a copy of the notice
described in subsection (3) of this section to the Department of Human Services
no later than 72 hours after delivering the notice to the tenant.
(8) A tenant who is
removed under subsection (2) of this section may obtain injunctive relief to
recover possession and may recover an amount equal to the greater of actual
damages or three times the tenant’s monthly rent if:
(a) The group recovery
home removed the tenant in bad faith or without substantially complying with
this section; or
(b) If removal is under
subsection (2)(c) of this section, the removal was
wrongful because the tenant did not use or possess alcohol or illegal drugs.
(9) Notwithstanding ORS
12.125, a tenant who seeks to obtain injunctive relief to recover possession
under section 5 of this 2007 Act must commence the action to seek relief not
more than 90 days after the date specified in the notice for the tenant to move
out.
(10) In any court action
regarding the removal of a tenant under this section, a group recovery home may
present evidence that the tenant used or possessed alcohol or illegal drugs
within seven days preceding the removal, whether or not the evidence was
described in the notice required by subsection (3) of this section.
(11) This section does
not prevent a group recovery home from terminating a tenancy as provided by any
other provision of this chapter and evicting a tenant as provided in ORS
105.105 to 105.168.
SECTION 4. Section 5 of this 2007 Act is added to and
made a part of ORS 105.105 to 105.168.
SECTION 5. (1) A former tenant removed from a group
recovery home under section 3 of this 2007 Act may bring an action for
injunctive relief to recover possession if the removal was wrongful or in bad
faith.
(2) An action under this
section shall be governed by the provisions of ORS 105.105 to 105.168 except
that:
(a) The complaint shall
be in substantially the following form and shall be available from the court
clerk:
____________________________________________________________________________
IN THE __________ COURT FOR
THE COUNTY OF ____________
(Tenant), )
Plaintiff(s), )
)
vs. ) No.___
)
(Landlord), )
)
Defendant(s). )
COMPLAINT FOR RETURN
OF POSSESSION OF A
DWELLING UNIT IN A
GROUP RECOVERY HOME
I
Defendant is a group
recovery home subject to section 3 of this 2007 Act. Defendant removed
plaintiff from the group recovery home dwelling unit rented by plaintiff from
defendant at:
_____________ (street and number)
_____________ (city)
_____________ (county)
II
Notice of removal
from the dwelling unit was served on plaintiff under section 3 of this 2007
Act. The notice of removal was served on:
_____________ (date)
III
Plaintiff is entitled
to possession of the dwelling unit because:
_______
Defendant removed plaintiff wrongfully by failing to comply with the procedural
requirements of section 3 of this 2007 Act.
_______
Defendant removed plaintiff wrongfully because plaintiff did not use or possess
alcohol or illegal drugs within seven days preceding delivery of a written
notice of removal.
_______
Defendant removed plaintiff under section 3 of this 2007 Act in bad faith.
Wherefore, plaintiff
prays for possession of the group recovery home dwelling unit and costs and
disbursements incurred herein.
________ _____________
Date Signature of
plaintiff
____________________________________________________________________________
(b) The complaint
shall be signed by the plaintiff or an attorney representing the plaintiff as
provided by ORCP 17 and served by personal delivery on the group recovery home
house president or a person in an equivalent leadership position for the group
recovery home.
(c) The answer shall be
in substantially the following form and shall be available from the court
clerk:
____________________________________________________________________________
IN THE __________ COURT FOR
THE COUNTY OF ____________
(Tenant), )
)
Plaintiff(s), )
)
vs. ) No.___
)
(Landlord), )
)
Defendant(s). )
ANSWER
We deny that the
plaintiff is entitled to possession of the group recovery home dwelling unit
that is the subject of the complaint because:
_______ The defendant removed the plaintiff in compliance with the
procedural requirements of section 3 of this 2007 Act.
_______ The plaintiff used or possessed alcohol or illegal drugs as
described in section 3 of this 2007 Act within seven days preceding delivery of
a written notice of removal.
_______ The defendant did not remove the plaintiff in bad faith as
alleged.
We ask that the
plaintiff take nothing by the complaint and that we be awarded our costs and
disbursements.
________ _____________
Date Signature of
defendant
____________________________________________________________________________
(d) The issue at
trial shall be limited to whether the plaintiff is entitled to possession of
the dwelling unit described in the complaint.
(e) If the basis for the
complaint is that removal was wrongful because the plaintiff did not use or
possess alcohol or illegal drugs, the defendant has the burden of proving that
the plaintiff used or possessed alcohol or illegal drugs as described in
section 3 of this 2007 Act within seven days preceding delivery of the written
notice of removal.
(f) A claim for damages
may not be asserted by either party in the action for possession of the
dwelling unit under this section, but each party may pursue any claim for damages
in a separate action.
(g) A party may join an
action for possession of the dwelling unit with an action for damages or a
claim for other relief, but the proceeding is not governed by the provisions of
ORS 105.105 to 105.168.
(h) If the court determines
that the plaintiff is entitled to possession of the dwelling unit that is the
subject of the complaint, the court shall enter an order directing the
defendant to return possession of the dwelling unit to the plaintiff. The court
may provide that the defendant have a period of time to deliver possession of
the dwelling unit to the plaintiff.
(i) Subject to the
provisions of ORCP 68, a prevailing party who has been represented by counsel
may recover attorney fees as provided by ORS 90.255.
Approved by the Governor June 28, 2007
Filed in the office of Secretary of State July 2, 2007
Effective date January 1, 2008
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