74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to A-Eng. SB 154
LC 388/SB 154-A9
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 154
By COMMITTEE ON HUMAN SERVICES AND WOMEN'S WELLNESS
May 31
On page 1 of the printed A-engrossed bill, line 2, after ' law'
insert a period and delete the rest of the line.
Delete lines 4 through 26 and delete pages 2 and 3 and insert:
' { + 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 ________ + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(Tenant), ) + }
{ +
Plaintif)(+)}
{ +
) + }
{ +
vs. ) No.__ + }
{ +
) + }
{ +
(Landlord), ) + }
{ +
) + }
{ +
Defendan)(+)}
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ +
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. + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
_____
_________ + }
{ +
Date Signature of plaintiff + }
]
________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + ' (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 ________ + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(Tenant), ) + }
{ +
) + }
{ +
Plaintif)(+)}
{ +
) + }
{ +
vs. ) No.__ + }
{ +
) + }
{ +
(Landlord), ) + }
{ +
) + }
{ +
Defendan)(+)}
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ +
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. + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
_____
_________ + }
{ +
Date Signature of defendant + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
]
________________________________________________________________
{ + ' (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. + } ' .
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