Bill Text: OR HB2639 | 2013 | Regular Session | Enrolled
Bill Title: Relating to housing; and appropriating money.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-08-14 - Chapter 740, (2013 Laws): Effective date January 1, 2014. [HB2639 Detail]
Download: Oregon-2013-HB2639-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2639
Sponsored by Representative KOTEK; Representatives HARKER,
HUFFMAN (Presession filed.)
CHAPTER ................
AN ACT
Relating to housing; creating new provisions; amending ORS
659A.139 and 659A.421; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.421 is amended to read:
659A.421. (1) As used in this section:
(a) 'Dwelling' means:
(A) A building or structure, or portion of a building or
structure, that is occupied, or designed or intended for
occupancy, as a residence by one or more families; or
(B) Vacant land offered for sale or lease for the construction
or location of a building or structure, or portion of a building
or structure, that is occupied, or designed or intended for
occupancy, as a residence by one or more families.
(b) 'Purchaser' includes an occupant, prospective occupant,
renter, prospective renter, lessee, prospective lessee, buyer or
prospective buyer.
(c) 'Real property' includes a dwelling.
(d) { + (A) + } 'Source of income' { - does not include - }
{ + includes + } federal rent subsidy payments under 42 U.S.C.
1437f { - , - } { + and any other local, state or federal
housing assistance.
(B) 'Source of income' does not include + } income derived from
a specific occupation or income derived in an illegal manner.
(2) A person may not, because of the race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income of any person:
(a) Refuse to sell, lease or rent any real property to a
purchaser. { + This paragraph does not prevent a person from
refusing to lease or rent real property to a prospective renter
or prospective lessee:
(A) Based upon the past conduct of a prospective renter or
prospective lessee provided the refusal to lease or rent based on
past conduct is consistent with local, state and federal law,
including but not limited to fair housing laws; or
(B) Based upon the prospective renter's or prospective lessee's
inability to pay rent, taking into account the value of the
prospective renter's or prospective lessee's local, state and
federal housing assistance, provided the refusal to lease or rent
based on inability to pay rent is consistent with local, state
and federal law, including but not limited to fair housing
laws. + }
Enrolled House Bill 2639 (HB 2639-B) Page 1
(b) Expel a purchaser from any real property.
(c) Make any distinction, discrimination or restriction against
a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
(d) Attempt to discourage the sale, rental or lease of any real
property to a purchaser.
(e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property that indicates any preference,
limitation, specification or unlawful discrimination based on
race, color, religion, sex, sexual orientation, national origin,
marital status, familial status or source of income.
(f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this section.
(g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of the person
having exercised or enjoyed or having aided or encouraged any
other person in the exercise or enjoyment of, any right granted
or protected by this section.
(h) Deny access to, or membership or participation in, any
multiple listing service, real estate brokers' organization or
other service, organization or facility relating to the business
of selling or renting dwellings, or discriminate against any
person in the terms or conditions of the access, membership or
participation.
(i) Represent to a person that a dwelling is not available for
inspection, sale or rental when the dwelling in fact is available
for inspection, sale or rental.
(j) Otherwise make unavailable or deny a dwelling to a person.
(3)(a) A person whose business includes engaging in residential
real estate related transactions may not discriminate against any
person in making a transaction available, or in the terms or
conditions of the transaction, because of race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income.
(b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
(A) The making or purchasing of loans or providing other
financial assistance:
(i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(ii) Secured by residential real estate; or
(B) The selling, brokering or appraising of residential real
property.
(4) A real estate licensee may not accept or retain a listing
of real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, religion,
sex, sexual orientation, national origin, marital status,
familial status or source of income.
(5) A person may not, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, sex,
sexual orientation, national origin, marital status, familial
status or source of income.
Enrolled House Bill 2639 (HB 2639-B) Page 2
(6) This section does not apply with respect to sex
distinction, discrimination or restriction if the real property
involved is such that the application of this section would
necessarily result in common use of bath or bedroom facilities by
unrelated persons of opposite sex.
(7)(a) This section does not apply to familial status
distinction, discrimination or restriction with respect to
housing for older persons.
(b) As used in this subsection, 'housing for older persons '
means housing:
(A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
(B) Intended for, and solely occupied by, persons 62 years of
age or older; or
(C) Intended and operated for occupancy by at least one person
55 years of age or older per unit. Housing qualifies as housing
for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
(ii) Policies and procedures that demonstrate an intent by the
owner or manager to provide housing for persons 55 years of age
or older are published and adhered to.
(c) Housing does not fail to meet the requirements for housing
for older persons if:
(A) Persons residing in the housing as of September 13, 1988,
do not meet the requirements of paragraph (b)(B) or (C) of this
subsection. However, new occupants of the housing shall meet the
age requirements of paragraph (b)(B) or (C) of this subsection;
or
(B) The housing includes unoccupied units that are reserved for
occupancy by persons who meet the age requirements of paragraph
(b)(B) or (C) of this subsection.
(d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
(8) The provisions of subsection (2)(a) to (d) and (f) of this
section that prohibit actions based upon sex, sexual orientation
or familial status do not apply to the renting of space within a
single-family residence if the owner actually maintains and
occupies the residence as the owner's primary residence and all
occupants share some common space within the residence.
(9) Any violation of this section is an unlawful practice.
SECTION 2. { + As used in sections 2 to 6 of this 2013 Act:
(1) 'Housing Choice Voucher Program' means the federal
tenant-based assistance program established under 42 U.S.C.
1437f(o).
(2) 'Landlord' means an owner of a dwelling unit that has
entered into an agreement with a local housing authority to
receive tenant-based assistance payments under the Housing Choice
Voucher Program and that has entered into a rental or lease
agreement with a tenant determined to be eligible to receive
assistance under the Housing Choice Voucher Program.
(3) 'Local housing authority' means a housing authority that
has entered into a contract with the Secretary of Housing and
Urban Development of the United States pursuant to which the
housing authority is authorized to make tenant-based assistance
payments to landlords within a designated county or area of
operation under the Housing Choice Voucher Program.
Enrolled House Bill 2639 (HB 2639-B) Page 3
(4) 'Tenant' means an individual or a family who is determined
to be eligible to receive tenant-based assistance payments under
the Housing Choice Voucher Program and who has entered into a
rental or lease agreement with a landlord. + }
SECTION 3. { + (1) The Housing and Community Services
Department shall develop and implement the Housing Choice
Landlord Guarantee Program for the purpose of providing financial
assistance to landlords to mitigate damages caused by tenants as
a result of occupancy under the Housing Choice Voucher Program.
(2) Landlords that are eligible for assistance under the
Housing Choice Landlord Guarantee Program must obtain a judgment
against the tenant in either the small claims department of a
circuit court or a circuit court for the county in which the
property is located. Assistance is limited to reimbursement for
only those amounts in the judgment that are related to property
damage, unpaid rent or other damages:
(a) Caused as a result of the tenant's occupancy under the
Housing Choice Voucher Program;
(b) That exceed normal wear and tear; and
(c) That are in excess of $500 but not more than $5,000 per
tenancy.
(3) A landlord must submit a claim for assistance to the
department within one year of obtaining a judgment against a
tenant pursuant to subsection (2) of this section.
(4) The department may contract with a public or private
provider for the administration of the Housing Choice Landlord
Guarantee Program. The department is not subject to the
provisions of ORS chapter 279A or 279B in awarding a contract
under the provisions of this subsection. The department shall
establish by rule procedures for inviting proposals and awarding
contracts under this subsection.
(5) The department shall adopt rules to implement the
provisions of this section, including but not limited to
prescribing additional qualifications and requirements that must
be met by landlords and the form of application that must be
submitted to the department to receive assistance under the
program. + }
SECTION 4. { + (1) When a landlord is determined to be
eligible to receive assistance under section 3 of this 2013 Act,
the Housing and Community Services Department shall require the
responsible tenant to repay the full or a partial amount of any
assistance paid to the landlord and shall offer the responsible
tenant a reasonable repayment agreement that provides for
repayment by the tenant to the department of the full or a
partial amount of the assistance paid to the landlord. Amounts
repaid by tenants under this section must be deposited into the
Housing Choice Landlord Guarantee Program Fund created in section
5 of this 2013 Act.
(2) After the department pays a claim for assistance to a
landlord under section 3 of this 2013 Act, the department shall
serve a notice upon the responsible tenant stating the following:
(a) The tenant must repay to the department the amount of any
assistance paid to a landlord on the tenant's behalf pursuant to
section 3 of this 2013 Act;
(b) The tenant may enter into a reasonable repayment agreement
with the department to repay the full or a partial amount of any
assistance paid to a landlord on the tenant's behalf pursuant to
section 3 of this 2013 Act;
(c) If the tenant does not enter into a repayment agreement or
make good faith efforts to comply with the terms of a repayment
Enrolled House Bill 2639 (HB 2639-B) Page 4
agreement that the tenant has entered into, or otherwise fails to
repay the full or a partial amount of assistance paid to the
landlord on the tenant's behalf pursuant to section 3 of this
2013 Act, the department may seek to collect any amount remaining
unpaid by the tenant;
(d) The department shall make available upon request by local
housing authorities and landlords information regarding a
tenant's compliance with the provisions of this section,
including records of repayments made by the tenant, where
applicable; and
(e) The tenant may seek a waiver of repayment requirements
under this section for good cause shown and may contest the
department's determination that the tenant has an obligation to
repay any amounts of assistance paid to a landlord on the
tenant's behalf, in accordance with ORS chapter 183.
(3) The department shall, in accordance with ORS chapter 183,
provide an opportunity for the tenant to contest the department's
determination that the tenant has failed to repay amounts due
under a repayment agreement, that the tenant has not made or is
not making a good faith effort to comply with the repayment
agreement or that the tenant has not paid to the department the
full or a partial amount of the assistance paid to a landlord on
the tenant's behalf pursuant to section 3 of this 2013 Act. The
department shall serve a notice of noncompliance upon the tenant
in accordance with ORS 183.415 that states the amount remaining
unpaid by the tenant.
(4) The department may pursue any rights, remedies or processes
provided by law for the collection of unpaid amounts due from a
tenant for assistance paid to a landlord on the tenant's behalf
pursuant to section 3 of this 2013 Act.
(5) The department shall waive the requirements of this section
for good cause as set forth in rules adopted by the department.
(6) The department shall make available upon request by, and in
a timely manner to, local housing authorities and landlords
information regarding a tenant's compliance with the provisions
of this section, including records of repayments made by the
tenant, where applicable.
(7) The department shall adopt rules to implement the
provisions of this section, including but not limited to the
contents of the notice required under subsection (2) of this
section and the procedure for providing information to local
housing authorities and landlords regarding a tenant's record of
repayment as required under subsection (6) of this section. + }
SECTION 5. { + (1) There is created within the State Treasury,
separate and distinct from the General Fund, the Housing Choice
Landlord Guarantee Program Fund. Interest earned by the Housing
Choice Landlord Guarantee Program Fund shall be credited to the
fund.
(2) Moneys in the Housing Choice Landlord Guarantee Program
Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund
by the Legislative Assembly;
(c) Amounts repaid by tenants under section 4 of this 2013 Act;
(d) Investment earnings received on moneys in the fund; and
(e) Other amounts deposited in the fund from any source.
(3) Moneys in the fund are continuously appropriated to the
Housing and Community Services Department to carry out the
provisions of sections 2 to 6 of this 2013 Act.
Enrolled House Bill 2639 (HB 2639-B) Page 5
(4) The department may use moneys in the fund to pay the
administrative costs associated with the fund and with processing
applications, making payments to landlords and administering
repayment agreements under sections 2 to 6 of this 2013 Act. + }
SECTION 6. { + (1) Local housing authorities shall report
annually to the Housing and Community Services Department
regarding information required to be provided to the Secretary of
Housing and Urban Development regarding each local housing
authority's participation in the Housing Choice Voucher Program.
(2) Local housing authorities shall annually review internal
procedures and processes so as to coordinate the length of the
rental and lease terms with market standards for the purpose of
achieving the maximum use and benefit in the best interests of
tenants and landlords from tenant-based assistance payments under
the Housing Choice Voucher Program.
(3) Consistent with federal law, local housing authorities
shall facilitate participation of landlords in the Housing Choice
Voucher Program by:
(a) Ensuring timely inspection of dwelling units and prompt
processing of tenant applications and tenant-based assistance
payments to landlords;
(b) Establishing leases with terms that match the lease length
that is standard and customary for the dwelling units involved;
(c) Assisting tenants and landlords with service referrals; and
(d) Establishing a process that allows landlords to provide
regular input to local housing authorities.
(4)(a) There is created the Statewide Housing Choice Advisory
Committee to be appointed by the Director of the Housing and
Community Services Department. The director shall have discretion
to determine the number of committee members and the duration of
membership. The committee membership must be geographically
representative of all regions of this state and shall include an
equal number of representatives for each of the following:
(A) Local housing authorities or their representatives;
(B) Landlords of single and multiple dwelling units or their
advocates; and
(C) Tenants or their advocates.
(b) The committee shall:
(A) Advise the department with respect to matters of interest
and concern regarding the Housing Choice Voucher Program;
(B) Discuss and share best practices for maximizing
participation by landlords and tenants in the Housing Choice
Voucher Program; and
(C) Develop strategies and outcome measures for gauging the
effectiveness of the Housing Choice Voucher Program.
(c) The committee shall prepare and submit a report to the
committees of the Legislative Assembly that have authority over
the subject area of housing on the date of the convening of each
regular session of the Legislative Assembly regarding
participation in and the effectiveness of the Housing Choice
Voucher Program in this state. + }
SECTION 7. { + The Housing and Community Services Department
and State Housing Council shall cooperate with and assist local
housing authorities as defined in section 2 of this 2013 Act to
obtain federal approval, renewal of an existing waiver of federal
requirements or a new waiver of federal requirements, as
necessary to make the use and distribution of federal rent
subsidy and assistance payments under 42 U.S.C. 1437f as
efficient and beneficial as possible to increase the supply of
Enrolled House Bill 2639 (HB 2639-B) Page 6
decent, safe, sanitary and affordable housing for persons of low
income and very low income in this state. + }
SECTION 8. { + Sections 2 to 7 of this 2013 Act are added to
and made a part of ORS chapter 456. + }
SECTION 9. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Housing and Community
Services Department, for the biennium beginning July 1, 2013, out
of the General Fund, the amount of $74,855, which may be expended
for purposes of carrying out the provisions of sections 2 to 6 of
this 2013 Act. + }
SECTION 10. { + (1) In addition to and not in lieu of any
other appropriation, there is appropriated to the Emergency
Board, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $74,855, to be allocated to the
Housing and Community Services Department for the purposes of
implementing the Housing Choice Landlord Guarantee Program and
carrying out the provisions of sections 2 to 6 of this 2013 Act.
(2) If any of the moneys appropriated by subsection (1) of this
section are not allocated by the Emergency Board prior to
December 1, 2014, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
SECTION 11. { + Sections 2 to 6 of this 2013 Act and the
amendments to ORS 659A.421 by section 1 of this 2013 Act become
operative on July 1, 2014. + }
SECTION 12. ORS 659A.139 is amended to read:
659A.139. (1) ORS 659A.103 to { - 659A.145 - } { + 659A.144
+ }shall be construed to the extent possible in a manner that is
consistent with any similar provisions of the federal Americans
with Disabilities Act of 1990, as amended by the federal ADA
Amendments Act of 2008 and as otherwise amended.
(2) The determination of whether an individual has a disability
as provided in ORS 659A.104 (1) shall be construed in favor of
broad coverage of individuals under ORS 659A.103 to 659A.145, to
the maximum extent permitted by the terms of ORS 659A.103 to
659A.145.
----------
Enrolled House Bill 2639 (HB 2639-B) Page 7
Passed by House July 3, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 8, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2639 (HB 2639-B) Page 8
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2639 (HB 2639-B) Page 9
