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Problems: a. This is complicated. The tenant can only use this remedy if the landlord "intentionally or negligently" fails to make the repair; the repair problem is of an essential service; the cost is under $1,000 for repairs involving health threats or $500 otherwise; and, unless the repair is of an essential service or stove/refrigerator, the tenant must give at least 7 days' notice first. And there's a risk that the tenant will have to bear the cost of an imperfect repair, or at least fight over that. b. The tenant in essence must front the cost of the repair. 4. The tenant can withhold the rent until the landlord makes the repair. ORS 90.360 (2) Problems: While this is the most effective of the tenant's remedies, and may not require hiring an attorney, it is also the riskiest, because the tenant is at risk of being evicted for nonpayment of the rent, the most common cause of evictions. Eviction lawsuits happen very quickly, at least for the legal world - less than 2 weeks from the nonpayment notice to court. If the landlord wins - and in most nonpayment evictions the landlord does win - the sheriff will physically remove a tenant who does not voluntarily move out. The tenant has only 4 days from the court order to the sheriff' s forcible removal. On the other hand, the law is written so that a tenant who withholds rent over a repair failure and pays that rent into court should prevail. But there is still a risk of eviction, and many tenants cannot afford that risk, financially or emotionally, even with an attorney representing them. Conclusion: These remedies are either ineffective (#1), require an attorney (#2 and #3), or involve significant risk of being forcibly removed from your home (#4). Many people are not able to take that risk, the risk of having to find another home, come up with the money to rent it, packing up all your stuff and your kids, arranging new schools for your kids, and physically moving - all within 4 days. B. PROPOSED EUGENE RENTAL HOUSING CODE ENFORCEMENT PROGRAM: The proposed Eugene ordinance offers an enforcement method which is not available in the state law, that of having a neutral third party mediate a repair dispute. There are no attorneys involved, no rent withheld, no evictions threatened or done, no one at risk of losing her home. The Corvallis experience is that the mediation, by the city between the two sides, is generally all that is needed. That is why we are getting reports that Corvallis landlords support the Corvallis model. If the mediation does not work, in a few cases the city can bring an enforcement action, again saving the tenant from the risk of losing her home in order to force repairs. F/jhv/tenant.remedies.hsg.stds. 111004.wpd 2