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Attachment A <br />Rental Housing Code Staff Report – April 18, 2012 <br /> <br /> <br />RENTAL HOUSING CODE AND STATE LAW <br />State of Oregon law, specifically the Oregon Residential Landlord and Tenant Act, ORS Chapter <br />90, sets general habitability and maintenance standards for rental units (see table below). The <br />law is enforced through the court system as a civil matter. Under Oregon law, when a landlord <br />fails to make a repair or provide safe housing a tenant has several options. <br /> <br /> <br />The tenant can move however, breaking a lease has associated financial risks. <br /> <br /> <br />The tenant can withhold rent or make the repair and deduct the cost from the rent. This <br />presents some risks and cost to the tenant including hiring a contractor, bearing the <br />upfront cost of the repairs, possible eviction for nonpayment of rent and dispute with <br />owner over costs. <br /> <br /> <br />The tenant may also sue the landlord for a court order requiring the landlord to make <br />repairs. This lawsuit would be filed in circuit court, which would likely require an <br />attorney. If, after a court order is issued, the landlord fails to make repairs there is no <br />enforcement by the courts or police. The tenant must return to court resulting in more <br />attorney fees. <br /> <br />Similarly, if a tenant fails to meet their rental responsibilities, the state law provides several <br />options for landlords including no cause notices (i.e., eviction), court eviction as well as a notice <br />to correct. <br /> <br />The table below provides a brief comparison of habitability concerns and how they are enforced <br />using the City’s program and state Oregon Revised Statute (ORS). <br /> <br />Habitability Concerns City of Eugene State of Oregon (ORS) <br /> <br />Enforcement Mechanism <br />Structural Integrity Rental Housing Code Circuit Court <br />Adequate Heat Rental Housing Code Circuit Court <br />Weatherproofing Rental Housing Code Circuit Court <br />Plumbing Rental Housing Code Circuit Court <br />Smoke Detectors Rental Housing Code Circuit Court <br />Security Rental Housing Code Circuit Court <br />Visible Mold Rental Housing Code Not Addressed <br />Electrical maintained Not Addressed Circuit Court <br />Receptacles for garbage & Not Addressed Circuit Court <br />recycle (except as otherwise <br /> <br />provided by local ordinance) <br />Rodents & Vermin Not Addressed Circuit Court <br />Functioning appliances Not Addressed Circuit Court <br />Floors, Ceilings, Stairways & Not Addressed Circuit Court <br /> <br />railings in good repair <br />Energy Efficiencies Not Addressed Not Addressed <br />Window Screens Not Addressed Not Addressed <br />9 | Page <br /> <br />