74th OREGON LEGISLATIVE ASSEMBLY--2007 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 388
A-Engrossed
Senate Bill 154
Ordered by the Senate May 7
Including Senate Amendments dated May 7
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
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.
Provides that residence in residential program for primary
purpose of receiving care, treatment, training or support due to
disability or dependency is not subject to landlord-tenant laws.
Changes standard for disqualifying certain residence and
occupancy arrangements from landlord-tenant law exemption.
A BILL FOR AN ACT
Relating to landlord-tenant law; amending ORS 90.110, 90.243,
91.120 and 91.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.110 is amended to read:
90.110. Unless created to avoid the application of this
chapter, the following arrangements are not governed by this
chapter:
(1) Residence at an institution, public or private, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service, but not
including residence in off-campus nondormitory housing.
{ + (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 or 443.705 to
443.825. + }
{ - (2) - } { + (3) + } Occupancy of a dwelling unit for no
more than 90 days by a purchaser prior to the scheduled closing
of a real estate sale or by a seller following the closing of a
sale, in either case as permitted under the terms of an agreement
for sale of a dwelling unit or the property of which it is a
part. The occupancy by a purchaser or seller described in this
subsection may be terminated only pursuant to ORS 91.130. A
tenant who holds but has not exercised an option to purchase the
dwelling unit is not a purchaser for purposes of this subsection.
{ - (3) - } { + (4) + } Occupancy by a member of a
fraternal or social organization in the portion of a structure
operated for the benefit of the organization.
{ - (4) - } { + (5) + } Transient occupancy in a hotel or
motel.
{ - (5) - } { + (6) + } Occupancy by a squatter.
{ - (6) - } { + (7) + } Vacation occupancy.
{ - (7) - } { + (8) + } Occupancy by an employee of a
landlord whose right to occupancy is conditional upon employment
in and about the premises. However, the occupancy by an employee
as described in this subsection may be terminated only pursuant
to ORS 91.120.
{ - (8) - } { + (9) + } Occupancy by an owner of a
condominium unit or a holder of a proprietary lease in a
cooperative.
{ - (9) - } { + (10) + } Occupancy under a rental agreement
covering premises used by the occupant primarily for agricultural
purposes.
SECTION 2. ORS 90.243 is amended to read:
90.243. (1) A dwelling unit qualifies as drug and alcohol free
housing if:
(a)(A) For premises consisting of more than eight dwelling
units, the dwelling unit is one of at least eight contiguous
dwelling units on the premises that are designated by the
landlord as drug and alcohol free housing dwelling units and that
are each occupied or held for occupancy by at least one tenant
who is a recovering alcoholic or drug addict and is participating
in a program of recovery; or
(B) For premises consisting of eight or fewer dwelling units,
the dwelling unit is one of at least four contiguous dwelling
units on the premises that are designated by the landlord as drug
and alcohol free housing dwelling units and that are each
occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery;
(b) The landlord is a nonprofit corporation incorporated
pursuant to ORS chapter 65 or a housing authority created
pursuant to ORS 456.055 to 456.235;
(c) The landlord provides for the designated drug and alcohol
free housing dwelling units:
(A) A drug and alcohol free environment, covering all tenants,
employees, staff, agents of the landlord and guests;
(B) Monitoring of the tenants for compliance with the
requirements described in paragraph (d) of this subsection;
(C) Individual and group support for recovery; and
(D) Access to a specified program of recovery; and
(d) The rental agreement for the designated drug and alcohol
free housing dwelling unit is in writing and includes the
following provisions:
(A) That the dwelling unit is designated by the landlord as a
drug and alcohol free housing dwelling unit;
(B) That the tenant may not use, possess or share alcohol,
illegal drugs, controlled substances or prescription drugs
without a medical prescription, either on or off the premises;
(C) That the tenant may not allow the tenant's guests to use,
possess or share alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription, on the
premises;
(D) That the tenant shall participate in a program of recovery,
which specific program is described in the rental agreement;
(E) That on at least a quarterly basis the tenant shall provide
written verification from the tenant's program of recovery that
the tenant is participating in the program of recovery and that
the tenant has not used alcohol or illegal drugs;
(F) That the landlord has the right to require the tenant to
take a test for drug or alcohol usage promptly and at the
landlord's discretion and expense; and
(G) That the landlord has the right to terminate the tenant's
tenancy in the drug and alcohol free housing under ORS 90.392,
90.398 or 90.630 for noncompliance with the requirements
described in this paragraph.
(2) A dwelling unit qualifies as drug and alcohol free housing
despite the premises not having the minimum number of qualified
dwelling units required by subsection (1)(a) of this section if:
(a) The premises are occupied but have not previously qualified
as drug and alcohol free housing;
(b) The landlord designates certain dwelling units on the
premises as drug and alcohol free dwelling units;
(c) The number of designated drug and alcohol free housing
dwelling units meets the requirement of subsection (1)(a) of this
section;
(d) When each designated dwelling unit becomes vacant, the
landlord rents that dwelling unit to, or holds that dwelling unit
for occupancy by, at least one tenant who is a recovering
alcoholic or drug addict and is participating in a program of
recovery and the landlord meets the other requirements of
subsection (1) of this section; and
(e) The dwelling unit is one of the designated drug and alcohol
free housing dwelling units.
{ + (3) A dwelling unit qualifies as drug and alcohol free
housing if located in a self-run group recovery home that has
shared living facilities and meets the description of a group
home under 42 U.S.C. 300x-25. + }
{ - (3) - } { + (4) + } The failure by a tenant to take a
test for drug or alcohol usage as requested by the landlord
pursuant to subsection (1)(d)(F) of this section may be
considered evidence of drug or alcohol use.
{ - (4) - } { + (5) + } As used in this section, 'program
of recovery ' means a verifiable program of counseling and
rehabilitation treatment services, including a written plan, to
assist recovering alcoholics or drug addicts to recover from
their addiction to alcohol or illegal drugs while living in drug
and alcohol free housing. A 'program of recovery' includes
Alcoholics Anonymous, Narcotics Anonymous and similar programs.
SECTION 3. ORS 91.120 is amended to read:
91.120. An employee described in ORS 90.110 { - (7) - } { +
(8) + } may only be evicted pursuant to ORS 105.105 to 105.168
after at least 24 hours' written notice of the termination of
employment or a notice period set forth in a written employment
contract, whichever is longer. This section does not create the
relationship of landlord and tenant between a landlord and such
employee.
SECTION 4. ORS 91.130 is amended to read:
91.130. A dwelling unit purchaser or seller described in ORS
90.110 { - (2) - } { + (3) + } may only be evicted pursuant
to ORS 105.105 to 105.168 after at least 24 hours' written notice
of the termination of the occupancy or a notice period set forth
in a written agreement of sale, whichever is longer. This section
does not create the relationship of landlord and tenant between
the seller and purchaser.
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