Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions(1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if: (a) Its purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;(b) It is reasonably related to the purpose for which it is adopted;(c) It applies to all tenants in the premises in a fair manner;(d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply;(e) It is not for the purpose of evading the obligations of the landlord; and(f) The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted.(2) If a rule or regulation adopted after the tenant enters into the rental agreement works a substantial modification of the bargain, it is not valid unless the tenant consents to it in writing.(3) If adopted, an occupancy guideline for a dwelling unit shall not be more restrictive than two people per bedroom and shall be reasonable. Reasonableness shall be determined on a case-by-case basis. Factors to be considered in determining reasonableness include, but are not limited to: (a) The size of the bedrooms;(b) The overall size of the dwelling unit; and(c) Any discriminatory impact on those identified in ORS 659A.421.(4) As used in this section: (a) "Bedroom" means a habitable room that: (A) Is intended to be used primarily for sleeping purposes;(B) Contains at least 70 square feet; and(C) Is configured so as to take the need for a fire exit into account.(b) "Habitable room" means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not included.