74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 628
LC 3336/SB 628-2
SENATE AMENDMENTS TO
SENATE BILL 628
By COMMITTEE ON COMMERCE
May 14
On page 1 of the printed bill, line 2, after '659A.030 ' insert
'and 659A.421'.
On page 2, after line 34, insert:
' { + SECTION 2. + } ORS 659A.421 is amended to read:
' 659A.421. (1) No person shall, because of race, color, sex,
marital status, source of income, { + arrest record, + }
familial status, religion or national origin of any person:
' (a) Refuse to sell, lease or rent any real property to a
purchaser.
' (b) Expel a purchaser from any real property.
' (c) Make any distinction, discrimination or restriction
against a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
' (d) Attempt to discourage the sale, rental or lease of any
real property to a purchaser.
' (e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property which indicates any
preference, limitation, specification or discrimination based on
race, color, sex, marital status, source of income, { + arrest
record, + } religion or national origin.
' (f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this subsection and
subsection (3) of this section.
' (g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of having aided or
encouraged any other person in the exercise of, any right granted
or protected by this section.
' (2)(a) No person whose business includes engaging in
residential real estate related transactions shall discriminate
against any person in making available such a transaction, or in
the terms or conditions of such a transaction, because of race,
color, sex, marital status, source of income, { + arrest
record, + } familial status, religion or national origin.
' (b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
' (A) The making or purchasing of loans or providing other
financial assistance:
' (i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
' (ii) For securing residential real estate; or
' (B) The selling, brokering or appraising of residential real
property.
' (3) No real estate licensee shall accept or retain a listing
of real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, sex,
marital status, source of income, { + arrest record, + }
familial status, religion or national origin.
' (4) No person shall, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, sex, marital
status, { - source of income, - } familial status, religion or
national origin { + or having a particular source of income or
arrest record + }.
' (5) For purposes of subsections (1) to (4) of this section, '
source of income' does not include federal rent subsidy payments
under 42 U.S.C. 1437f, income from specific occupations or income
derived in an illegal manner.
' (6) Subsections (1) and (3) of this section do not apply with
respect to sex distinction, discrimination or restriction if the
real property involved is such that the application of
subsections (1) and (3) of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons
of opposite sex.
' (7)(a) This section does not apply to familial status
distinction, discrimination or restriction with respect to
housing for older persons.
' (b) As used in this subsection, 'housing for older persons '
means housing:
' (A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
' (B) Intended for, and solely occupied by, persons 62 years of
age or older; or
' (C) Intended and operated for occupancy by at least one
person 55 years of age or older per unit. Housing qualifies as
housing for older persons under this subparagraph if:
' (i) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
' (ii) Policies and procedures which demonstrate an intent by
the owner or manager to provide housing for persons 55 years of
age or older are published and adhered to.
' (c) Housing shall not fail to meet the requirements for
housing for older persons if:
' (A) Persons residing in such housing as of September 13,
1988, do not meet the requirements of paragraph (b)(B) or (C) of
this subsection. However, new occupants of such housing shall
meet the age requirements of paragraph (b)(B) or (C) of this
subsection; or
' (B) The housing includes unoccupied units. However, such
units are reserved for occupancy by persons who meet the age
requirements of paragraph (b)(B) or (C) of this subsection.
' (d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
' (8) In the sale, lease or rental of real estate, no person
shall disclose to any person that an occupant or owner of real
property has or died from human immunodeficiency virus or
acquired immune deficiency syndrome.
' (9) The provisions of subsection (1)(a) to (d) and (f) of
this section that prohibit actions based upon familial status or
sex do not apply to the renting of space within a single-family
residence if the owner actually maintains and occupies the
residence as the owner's primary residence and all occupants
share some common space within the residence.
' (10) Any violation of this section is an unlawful practice.'.
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