75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 772
 
LC 2321/SB 772-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 772
 
     By COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
 
                            April 23
 
  On page 1 of the printed bill, line 2, after '90.100, ' insert
'90.315,'.
  On page 2, line 14, after 'Internet' delete the rest of the
line and delete line 15 and insert 'access or usage;'.
  In line 21, after 'Internet' delete the rest of the line and
insert 'access or usage;'.
  In line 29, after 'Internet' delete the rest of the line and
delete line 30 and insert 'access or usage as provided under
subsection (1) of this section.'.
  In line 35, before the first 'tenant' insert 'landlord and'.
  Delete lines 38 and 39 and insert 'recover from the landlord an
amount equal to one month's periodic rent or twice the amount
wrongfully charged to the tenant, whichever is greater.'.
  After line 39, insert:
  '  { +  SECTION 4a. + } ORS 90.315 is amended to read:
  ' 90.315. (1) As used in this section, 'utility or service '
includes but is not limited to electricity, natural or liquid
propane gas, oil, water, hot water, heat, air conditioning, cable
television, direct satellite or other video subscription
 { - service - }  { + services + }, Internet access or usage,
sewer service and garbage collection and disposal.
  ' (2) The landlord shall disclose to the tenant in writing at
or before the commencement of the tenancy any utility or service
that the tenant pays directly to a utility or service provider
that benefits, directly, the landlord or other tenants. A
tenant's payment for a given utility or service benefits the
landlord or other tenants if the utility or service is delivered
to any area other than the tenant's dwelling unit.
  ' (3) If the landlord knowingly fails to disclose those matters
required under subsection (2) of this section, the tenant may
recover twice the actual damages sustained or one month's rent,
whichever is greater.
  ' (4)(a) Except for tenancies covered by ORS 90.505 to 90.840,
if a written rental agreement so provides, a landlord may require
a tenant to pay to the landlord a utility or service charge that
has been billed by a utility or service provider to the landlord
for utility or service provided directly to the tenant's dwelling
unit or to a common area available to the tenant as part of the
tenancy. A utility or service charge that shall be assessed to a
tenant for a common area must be described in the written rental
agreement separately and distinctly from such a charge for the
tenant's dwelling unit. Unless the method of allocating the
charges to the tenant is described in the tenant's written rental
agreement, the tenant may require that the landlord give the
tenant a copy of the provider's bill as a condition of paying the
charges.
  '  { - (b) A utility or service charge shall include only the
value or cost of the utility or service as billed to the landlord
by the provider as described in this subsection, except that a
 
landlord may add an additional amount to that value or cost
if: - }
  '  { - (A) The utility or service charge to which the
additional amount is added is for cable television, direct
satellite or other video subscription service or for Internet
access or usage; - }
  '  { - (B) The additional amount added to the utility or
service charge of each tenant is not more than 10 percent of the
charge to that tenant for cable television, direct satellite or
other video subscription service or Internet access or usage; - }
 
  '  { - (C) The total of the utility or service charge plus the
additional amount is less than the typical periodic cost that the
tenant would incur if the tenant contracted for the cable
television, direct satellite or other video subscription service
or the Internet access or usage directly with the provider;
and - }
  '  { - (D) The written rental agreement providing for the
utility or service charge describes the additional amount
separately and distinctly from the charge itself and any bill or
notice from the landlord to the tenant regarding the charge lists
the additional amount separately and distinctly from the utility
or service charge. - }
  '  { - (c) A landlord may not require an existing tenant to
modify a rental agreement, or terminate the tenancy of the tenant
for refusing to modify a rental agreement, to obligate the tenant
to pay an additional amount for cable television, direct
satellite or other video subscription service or Internet access
or usage as provided in paragraph (b) of this subsection. - }
  '  { +  (b) Except as provided in this paragraph, a utility or
service charge may only include the cost of the utility or
service as billed to the landlord by the provider. A landlord may
add an additional amount to a utility or service charge billed to
the tenant if:
  ' (A) The utility or service charge to which the additional
amount is added is for cable television, direct satellite or
other video subscription services or for Internet access or
usage;
  ' (B) The additional amount is not more than 10 percent of the
utility or service charge billed to the tenant;
  ' (C) The total of the utility or service charge and the
additional amount is less than the typical periodic cost the
tenant would incur if the tenant contracted directly with the
provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;
  ' (D) The written rental agreement providing for the utility or
service charge describes the additional amount separately and
distinctly from the utility or service charge; and
  ' (E) Any billing or notice from the landlord regarding the
utility or service charge lists the additional amount separately
and distinctly from the utility or service charge.
  ' (c) A landlord may not require a tenant to agree to the
amendment of an existing rental agreement, and may not terminate
a tenant for refusing to agree to the amendment of a rental
agreement, if the amendment would obligate the tenant to pay an
additional amount for cable television, direct satellite or other
video subscription services or for Internet access or usage as
provided under paragraph (b) of this subsection. + }
  ' (d) A utility or service charge, including any additional
amount added pursuant to paragraph (b) of this subsection, is not
rent or a fee. Nonpayment of a utility or service charge is not
grounds for termination of a rental agreement for nonpayment of
rent under ORS 90.394 but is grounds for termination of a rental
agreement for cause under ORS 90.392.
  ' (e) If a landlord fails to comply with paragraph (a), (b) or
(c) of this subsection, the tenant may recover from the landlord
an amount equal to one month's periodic rent or twice the amount
wrongfully charged to the tenant, whichever is greater.
  ' (5)(a) If a tenant, under the rental agreement, is
responsible for a utility or service and is unable to obtain the
service prior to moving into the premises due to a nonpayment of
an outstanding amount due by a previous tenant or the owner, the
tenant may either:
  ' (A) Pay the outstanding amount and deduct the amount from the
rent;
  ' (B) Enter into a mutual agreement with the landlord to
resolve the lack of service; or
  ' (C) Immediately terminate the rental agreement by giving the
landlord actual notice and the reason for the termination.
  ' (b) If the tenancy terminates, the landlord shall return all
moneys paid by the tenant as deposits, rent or fees within four
days after termination.
  ' (6) If a tenant, under the rental agreement, is responsible
for a utility or service and is unable to obtain the service
after moving into the premises due to a nonpayment of an
outstanding amount due by a previous tenant or the owner, the
tenant may either:
  ' (a) Pay the outstanding amount and deduct the amount from the
rent; or
  ' (b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy does not terminate if the
landlord restores service or the availability of service during
the 72 hours. If the tenancy terminates, the tenant may recover
actual damages from the landlord resulting from the shutoff and
the landlord shall return:
  ' (A) Within four days after termination, all rent and fees;
and
  ' (B) All of the security deposit owed to the tenant under ORS
90.300.
  ' (7) If a landlord, under the rental agreement, is responsible
for a utility or service and the utility or service is shut off
due to a nonpayment of an outstanding amount, the tenant may
either:
  ' (a) Pay the outstanding balance and deduct the amount from
the rent; or
  ' (b) Terminate the rental agreement by giving the landlord
actual notice 72 hours prior to the date of termination and the
reason for the termination. The tenancy does not terminate if the
landlord restores service during the 72 hours. If the tenancy
terminates, the tenant may recover actual damages from the
landlord resulting from the shutoff and the landlord shall
return:
  ' (A) Within four days after termination, all rent prepaid for
the month in which the termination occurs prorated from the date
of termination or the date the tenant vacates the premises,
whichever is later, and any other prepaid rent; and
  ' (B) All of the security deposit owed to the tenant under ORS
90.300.
  ' (8) If a landlord fails to return to the tenant the moneys
owed as provided in subsection (5), (6) or (7) of this section,
the tenant shall be entitled to twice the amount wrongfully
withheld.
  ' (9) This section does not preclude the tenant from pursuing
any other remedies under this chapter.'.
  On page 5, line 14, delete the boldfaced material.
  In line 15, delete the boldfaced material and after 'may '
insert ', except as provided in subsections (2) and (3) of this
section,'.
  In line 44, after 'convert' insert 'water or sewer'.
  On page 6, line 29, after 'not' insert 'unilaterally'.
 
  On page 8, line 1, after 'committee' insert 'to advise the
department in drafting the rules required by subsection (1) of
this section and'.
  On page 9, line 15, before 'representing' insert 'in Oregon'.
  On page 10, line 2, delete '30' and insert '90'.
  In line 14, delete 'OCCUPANT' and insert 'OCCUPANCY'.
  Delete lines 18 through 45.
  On page 11, delete lines 1 through 11 and insert:
  '  { +  SECTION 15. + }  { + (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. + } ' .
                         ----------