75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 771
 
LC 2320/SB 771-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 771
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                            April 15
 
  On page 1 of the printed bill, line 21, before 'During ' insert
'At any time'.
  In line 24, before 'After' insert 'At any time'.
  On page 2, line 3, after 'tenancy' insert 'without cause'.
  On page 5, line 20, delete 'OCCUPANT' and insert ' OCCUPANCY'.
  Delete lines 23 through 45.
  On page 6, delete lines 1 through 16 and insert:
  '  { +  SECTION 6. + }  { + (1) As provided under this section,
a landlord may allow an individual to become a temporary occupant
of the tenant's dwelling unit as a guest of the tenant. To create
a temporary occupancy, the landlord, tenant and proposed
temporary occupant must enter into a written temporary occupancy
agreement that describes the temporary occupancy relationship.
  ' (2) The temporary occupant:
  ' (a) Is not a tenant entitled to occupy the dwelling unit to
the exclusion of others; and
  ' (b) Does not have the rights of a tenant.
  ' (3) The temporary occupancy agreement may be terminated by:
  ' (a) The tenant without cause at any time; and
  ' (b) The landlord only for cause that is a material violation
of the temporary occupancy agreement.
  ' (4) The temporary occupant does not have a right to cure a
violation that causes a landlord to terminate the temporary
occupancy agreement.
  ' (5) Before entering into a temporary occupancy agreement, a
landlord may screen the proposed temporary occupant for issues
regarding conduct or for a criminal record. The landlord may not
screen the proposed temporary occupant for credit history or
income level.
  ' (6) A temporary occupancy agreement:
  ' (a) Shall expressly include the requirements of subsections
(2) to (4) of this section;
  ' (b) May provide that the temporary occupant is required to
comply with any applicable rules for the premises; and
  ' (c) May have a specific ending date.
  ' (7) The landlord, tenant and temporary occupant may extend or
renew a temporary occupancy agreement or may enter into a new
temporary occupancy agreement.
  ' (8) A landlord or tenant is not required to give the
temporary occupant written notice of the termination of a
temporary occupancy agreement.
  ' (9) The temporary occupant shall promptly vacate the dwelling
unit if a landlord terminates a temporary occupancy agreement for
material violation of the temporary occupancy agreement or if the
temporary occupancy agreement ends by its terms. Except as
provided in ORS 90.449, the landlord may terminate the tenancy of
the tenant as provided under ORS 90.392 or 90.630 if the
temporary occupant fails to promptly vacate the dwelling unit or
if the tenant materially violates the temporary occupancy
agreement.
  ' (10) A temporary occupant shall be treated as a squatter if
the temporary occupant continues to occupy the dwelling unit
after a tenancy has ended or after the tenant revokes permission
for the occupancy by terminating the temporary occupancy
agreement.
  ' (11)(a) A landlord may not enter into a temporary occupancy
agreement for the purpose of evading landlord responsibilities
under this chapter or to diminish the rights of an applicant or
tenant under this chapter.
  ' (b) A tenant may not become a temporary occupant in the
tenant's own dwelling unit.
  ' (c) A tenancy may not consist solely of a temporary
occupancy. Each tenancy must have at least one tenant. + } ' .
  On page 18, delete lines 28 through 45.
  On page 19, delete lines 1 through 6 and insert:
  ' (21) If the personal property is other than a manufactured
dwelling or floating home and is considered abandoned as a result
of the death of a tenant who was the only tenant and who owned
the personal property, this section applies except as follows:
  ' (a) The following persons have the same rights and
responsibilities regarding the abandoned personal property as a
tenant:
  ' (A) An heir or devisee.
  ' (B) Any personal representative named in a will or appointed
by a court to act for the deceased tenant.
  ' (C) Any person designated in writing by the tenant to be
contacted by the landlord in the event of the tenant's death.
  ' (b) The notice required by subsection (3) of this section
must be:
  ' (A) Sent by first class mail to the deceased tenant at the
premises;
  ' (B) Personally delivered or sent by first class mail to any
heir, devisee, personal representative or designated person, if
actually known to the landlord; and
  ' (C) Sent by first class mail to the attention of an estate
administrator of the Department of State Lands.
  ' (c) The notice described in subsection (5) of this section
must refer to the heir, devisee, personal representative,
designated person or estate administrator of the department,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
  ' (d) The landlord shall allow a person that is an heir,
devisee or personal representative of the tenant, or an estate
administrator of the department, to remove the personal property
if the person contacts the landlord within the period provided by
subsection (6) of this section, complies with the requirements of
this section and provides the landlord with reasonable evidence
that the person is an heir, devisee or personal representative,
or an estate administrator of the department.
  ' (e) If neither an heir, devisee nor personal representative
of the tenant, nor an estate administrator of the department,
contacts the landlord within the time period provided by
subsection (6) of this section, the landlord shall allow removal
of the personal property by the designated person of the tenant,
if the designated person contacts the landlord within that period
and complies with the requirements of this section and provides
the landlord with reasonable evidence that the person is the
designated person.
  ' (f) A landlord who allows removal of personal property under
this subsection is not liable to another person that has a claim
or interest in the personal property.'.
  On page 22, line 43, before 'repair' insert 'cleaning or'.
  On page 23, line 6, delete 'delivering pos-'.
  In line 7, delete 'session.' and insert 'delivery of possession
as described in ORS 90.147.'.
 
  In line 8, delete 'cleaning or necessary' and insert '
necessary cleaning or'.
  On page 24, delete lines 33 and 34 and insert:
  ' (1) A landlord may not charge a fee at the beginning of the
tenancy for an anticipated landlord expense and may not require
the payment of any fee except as provided in this section. A fee
must be described in a written rental agreement.'.
  In line 41, after '(7)' insert a period and delete the rest of
the line and line 42.
  On page 25, line 33, after the semicolon insert 'or'.
  Delete line 34.
  In line 35, delete '(d)' and insert '(c)' and before ' actions'
insert 'improvements or other'.
  On page 26, delete lines 34 through 36 and insert:
  '  { +  SECTION 16. + }  { + Notwithstanding ORS 90.302 (1), a
landlord may retain a fee charged before the effective date of
this 2009 Act at the beginning of the tenancy for an anticipated
landlord expense. + }
  '  { +  SECTION 17. + }  { + The amendments to ORS 90.302 by
section 13 of this 2009 Act apply to fees and charges for
occurrences, abandonments, relinquishments and noncompliances:
  ' (1) Occurring on or after the effective date of this 2009 Act
for fees or charges provided for in a month-to-month tenancy; and
  ' (2) Occurring on or after the effective date of this 2009 Act
for fees and charges provided for in a fixed-term tenancy that is
entered into on or after the effective date of this 2009 Act. + }
' .
  In line 40, delete '17' and insert '18'.
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