Admin Order 53-24-02-F -- Amended Rental Housing Code Rules

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Exhibit A to Administrative Order No. 53-24-02-F are well maintained and that the tenant is going to be a “good neighbor” and not materially damage the unit. Response: The code allows a tenant in a fixed term tenancy of less than one year up to 60 days prior to the lease end date to inform the landlord that the tenant would like to renew the lease and remain in the unit. If the tenant informs the landlord that the tenant would like to stay in the unit at least 60 days prior to the end of the lease term, the code allows the landlord to choose to renew the tenant’s lease or allow the lease to expire and pay the tenant relocation assistance. If the tenant does not inform the landlord that the tenant would like to remain in the unit at least 60 days prior to the end of the lease term, the tenant will not be eligible for relocation assistance. No changes are being made to the proposed amendments as a result of this comment. 9. One commenter noted that in R-8.430-A Definitions, “Triggering Event” does not address leases of more than one year that can automatically convert to a month-to-month agreement or Three Strikes non- renewal of lease under ORS 90.427(7). The commenter suggests that both of these items should be added to the City’s definition. Response: In response to this comment, the types of triggering events that require a landlord to provide the City with notice of relocation assistance have been moved to R-8.430-H, Relocation Assistance – Payment Reporting, and the rule has been clarified to provide that relocation assistance payments must be reported to the City when a landlord declines to renew or replace an expiring rental agreement “with a specified ending date that falls within the first year of a tenant’s occupancy of the dwelling unit.” No other changes are being made to the proposed amendments as a result of this comment. 10. One commenter suggested that the City add a statement to R-430-D.1 to clarify the requirement that the tenant must acknowledge receipt of documentation of the condition of the unit at move-in “in writing”. Response: EC 8.425 (11)(a) already provides a requirement that the landlord must receive written confirmation from the tenant that the tenant has received and reviewed the move-in documentation; therefore, no changes are being made to the proposed amendments as a result of this comment. 11. One commenter suggested that in section R-8.430-F.6, the City should clarify what evidence the landlord is required to provide to the tenant of the past violations. The commenter also suggested the landlord could screen the applicant and then deny the applicant due to poor rental history. Response: In response to this comment, the proposed amendments have been updated to clarify that a landlord can refuse to process an application only if the “application was submitted by an applicant who has violated a rental agreement with the same landlord reviewing the application three or more times during the 12-month period preceding the date of the application...”. The proposed amendments have also been updated to clarify that “... the landlord must notify the applicant in writing within 48 hours that their application will not be processed and provide the applicant with copies of written documentation of the violations that were previously provided to the tenant.” No other changes are being made to the proposed amendments as a result of this comment. 12. One commenter said in section R-8.430-G., the City is allowing landlords to serve legal notices in a manner that conflicts with state law. The proposed rule allows for service by email, which can mislead a