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
 
                         Senate Bill 154
 
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 as
introduced.
 
  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, 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 - }  { +  an arrangement
is formed primarily for the purpose of evading + } 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 public or private residential program
where residence is for the primary purpose of receiving care,
treatment, training or support due to disability or dependency,
including residential programs of facilities and homes licensed
under ORS 443.400 to 443.455 or 443.705 to 443.825 and group
homes described in 42 U.S.C. 300x-25. + }
    { - (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 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 3. 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.
                         ----------