ORS § 90.304

Current through legislation effective September 24, 2023
Section 90.304 - Statement of reasons for denial; remedy
(1) If a landlord denies an application after the landlord's application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial.
(2) The landlord's statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off. The reasons may include, but are not limited to, the following:
(a) Rental information, including:
(A) Negative or insufficient reports from references or other sources.
(B) An unacceptable or insufficient rental history, such as the lack of a reference from a prior landlord.
(C) A prior action for possession under ORS 105.105 to 105.168 that resulted in a general judgment for the plaintiff or an action for possession that has not yet resulted in dismissal or general judgment.
(D) Inability to verify information regarding a rental history.
(b) Criminal records, including:
(A) An unacceptable criminal history.
(B) Inability to verify information regarding criminal history.
(c) Financial information, including:
(A) Insufficient income.
(B) Negative information provided by a consumer credit reporting agency.
(C) Inability to verify information regarding credit history.
(d) Failure to meet other written screening or admission criteria.
(e) The dwelling unit has already been rented.
(3) The statement of reasons for denial must include:
(a) The name and address of any tenant screening companies or consumer credit reporting agencies that provided a report upon which the denial is based, if not previously disclosed to the applicant;
(b) Any supplemental evidence provided by the applicant that the landlord considered and an explanation of the reasons that the supplemental evidence did not adequately compensate for the factors that informed the landlord's decision to reject the application; and
(c) A right of the applicant to appeal the determination, if any right to appeal exists.
(4) Except as provided in subsection (3)(a) of this section, a landlord need not disclose the results of an applicant screening or report to an applicant, with respect to information that is not required to be disclosed under the federal Fair Credit Reporting Act. A landlord may give to an applicant a copy of that applicant's consumer report, as defined in the Fair Credit Reporting Act.
(5) Before denying an application for housing on the basis of criminal history, a landlord must:
(a) Provide an opportunity for the applicant to submit supplemental evidence to explain, justify or negate the relevance of potentially negative information.
(b) Conduct an individualized assessment of the applicant, including any supplemental evidence, taking into consideration:
(A) The nature and severity of the incidents that would lead to a denial;
(B) The number and type of incidents;
(C) The time that has elapsed since the date the incidents occurred; and
(D) The age of the individual at the time the incidents occurred.
(6) If a landlord fails to comply with this section, the applicant may recover from the landlord $100.

ORS 90.304

Amended by 2021 Ch. 577,§ 3, eff. 1/1/2022.
2005 c. 391, § 31