Current through legislation effective August 4, 2023
Section 90.323 - Maximum rent increase; exceptions; notice(1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase. (2) During any tenancy other than week-to-week, the landlord may not increase the rent: (a) During the first year after the tenancy begins.(b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.(c) More than once in any 12-month period.(d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324(1).(3) The notices required under this section must specify: (a) The amount of the rent increase;(b) The amount of the new rent;(c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and(d) The date on which the increase becomes effective. (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427(3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.(5) A landlord is not subject to subsection (2)(d) or (4) of this section if: (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or(b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent: (A) Does not increase the tenant's portion of the rent; or(B) Is required by program eligibility requirements or by a change in the tenant's income.(6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months' rent plus actual damages suffered by the tenant.(7) This section does not apply to tenancies governed by ORS 90.505 to 90.850.Amended by 2023 Ch. 226,§ 4, eff. 7/6/2023.Amended by 2021 Ch. 252,§ 1, eff. 1/1/2022.Amended by 2019 Ch. 1,§ 2, eff. 2/28/2019.Section 6 of the 2023 legislation provides that the amendments to ORS 90.323, 90.324 and 90.600 by sections 3 to 5 of this 2023 Act apply to rent increase notices given on or after the effective date of this 2023 Act.
90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.