Chapter 154 Oregon Laws 1999

Session Law

AN ACT

HB 2086

Relating to housing; creating new provisions; and amending ORS 90.770 and section 1, chapter 422, Oregon Laws 1997.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 90.770 is amended to read:

90.770. The Housing and Community Services Department shall establish procedures to maintain the confidentiality of the information pertaining to individual tenants of facilities. These procedures shall meet the following requirements:

(1) The department shall not disclose, except to state agencies, the identity of any tenant unless the complainant or the tenant, or the legal representative of either, consents orally or in writing to the disclosure and specifies to whom the disclosure may be made.

(2) The identity of any complainant or tenant on whose behalf a complaint is made, or individual providing information on behalf of the tenant or complainant, shall be confidential. If the complaint becomes the subject of judicial proceedings, the investigative information held by the department shall be disclosed for the purpose of the proceedings if requested by the court.

SECTION 2. Section 1, chapter 422, Oregon Laws 1997, is amended to read:

Sec. 1. Notwithstanding ORS 90.770, for the period beginning [on the effective date of this Act] October 4, 1997, and ending [November 1, 1999] on the effective date of this 1999 Act, the Housing and Community Services Department shall not disclose, except to state agencies, the identity of any tenant unless the complainant or the tenant, or the legal representative of either, consents orally or in writing to the disclosure and specifies to whom the disclosure may be made.

SECTION 3. If this 1999 Act does not become effective until after November 1, 1999, the amendments to section 1, chapter 422, Oregon Laws 1997, by section 2 of this 1999 Act shall be operative retroactively to that date, and the operation and effect of section 1, chapter 422, Oregon Laws 1997, shall continue unaffected from November 1, 1999, to the effective date of this 1999 Act. Any lawful action, including but not limited to the obtaining of an oral consent to disclosure, taken under authority of section 1, chapter 422, Oregon Laws 1997, after November 1, 1999, and before the effective date of this 1999 Act is ratified and approved.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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