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Paul Munly
  • Chico, CA
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Portland, OR Landlords -- Please Take Note

Paul Munly
  • Chico, CA
Posted Jan 31 2017, 12:30

I'm on a Portland, OR real estate broker's email list (I was thinking about buying in Portland a few months ago) and received what appears to be a pretty alarming change the city council is trying to pass this Thursday (February 2, 2017). I've pasted some of the email below and am curious how you would deal with a change of this sort, if it's passed.

Copied/Pasted email below:

Proposed City of Portland ordinance:

30.01.085Portland Renter Additional Protections.

(Added by Ordinance No. 187380, effective November 13, 2015.)

A.In addition to the protections set forth in the Residential Landlord and Tenant Act, the following additional protections apply to Tenants that have a Rental Agreement for a dwelling unitPremises covered by the Act. For purposes of this chapter, capitalized terms have the meaning set forth in the Residential Landlord and Tenant Act.

B.A Landlord may terminate a Rental Agreement without a cause specified in the Act only by delivering a written notice of termination (the "Termination Notice") to the Tenant of (a) not less than 90 days before the termination date designated in that notice as calculated under the Act; or (b) the time period designated in the Rental Agreement, whichever is longer.Within 14 days after a Tenant receives the Termination Notice, a Landlord shall pay to the Tenant, as relocation assistance, a payment ("Relocation Assistance") in the amount that follows: $2,900 for a studio or single room occupancy ("SRO") dwelling unit, $3,300 for a one-bedroom dwelling unit, $4,200 for a two-bedroom dwelling unit and $4,500 for a three-bedroom or larger dwelling unit.This requirement does not apply to Rental Agreements for week-to-week tenancies or to Tenants that occupy the same Dwelling Unit as the Landlord.

C.A Landlord may not increase a Tenant's Rent or Associated Housing Costs by 5 percent or more over a 12 month period unless the Landlord gives notice in writing (the "Increase Notice") to each affected Tenant: (a) at least 90 days prior to the effective date of the rent increase; or (b) the time period designated in the Rental Agreement, whichever is longer. Such notice must specify the amount of the increase, the amount of the new Rent or Associated Housing Costs and the date, as calculated under the Act, when the increase becomes effective. If, within 14 days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a 12 month period and a Tenant provides written notice to the Landlord of the Tenant's intent to terminate the Rental Agreement (the "Tenant's Notice"), then, within 14 days of receiving the Tenant's Notice, the Landlord shall pay to the Tenant Relocation Assistance in the amount that follows: $2,900 for a studio or SRO dwelling unit, $3,300 for a one-bedroom dwelling unit, $4,200 for a two-bedroom dwelling unit and $4,500 for a three-bedroom or larger dwelling unit.

D.A Landlord that fails to comply with any of the requirements set forth in this Section 30.01.085 shall be liable to the Tenant for an amount up to three months Rent as well as actual damages, Relocation Assistance, reasonable attorney fees and costs (collectively, "Damages"). Any Tenant claiming to be aggrieved by a Landlord's noncompliance with the foregoing has a cause of action in any court of competent jurisdiction for Damages and such other remedies as may be appropriate.

E.The provisions of this Section 30.01.085 concerning Relocation Assistance shall be in effect for the duration of the Housing Emergency declared by Council on October 7, 2015 by Ordinance 187371 and extended for a period of 1 year to October 6, 2017 by Ordinance 187973.

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