Bill Text: OR HB3183 | 2011 | Regular Session | Introduced


Bill Title: Relating to local rent control of spaces in facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3183 Detail]

Download: Oregon-2011-HB3183-Introduced.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2624

                         House Bill 3183

Sponsored by Representative KOTEK; Representative BUCKLEY (at the
  request of Hayden Island Livability Project)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates exception to statewide policy prohibiting local rent
control. Allows cities or counties to establish limits on rental
rates or increases in rental rates for spaces in manufactured
dwelling parks, mobile home parks and marinas.

                        A BILL FOR AN ACT
Relating to local rent control of spaces in facilities; amending
  ORS 91.225.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 91.225 is amended to read:
  91.225. (1) The Legislative Assembly finds that there is a
social and economic need to   { - insure - }   { + ensure + } an
adequate supply of affordable housing for Oregonians. The
Legislative Assembly also finds that the imposition of general
restrictions on housing rents
  { - will disrupt - }   { + disrupts + } an orderly housing
market,   { - increase - }  { +  increases + } deferred
maintenance of existing housing stock,   { - lead - }  { +
leads + } to abandonment of existing rental units and
 { - create - }   { + creates + } a property tax shift from
rental-owned to owner-occupied housing.  Therefore, the
Legislative Assembly declares that the imposition of rent control
on housing in the State of Oregon is a matter of statewide
concern.
  (2) Except as provided in subsections (3) to   { - (5) - }
 { + (6) + } of this section, a city or county   { - shall - }
 { + may + } not enact any ordinance or resolution
 { - which - }   { + that + } controls the rent that may be
charged for the rental of any dwelling unit.
  (3)   { - This section does not impair the right of any - }
 { + A + } state agency,  { + a + } city,  { + a + } county or
 { + an + } urban renewal agency { + , + } as defined by ORS
457.035   { - to - }  { + , may + } reserve to itself the right
to approve rent increases, establish base rents or establish
limitations on rents on any residential property for which it has
entered into a contract under which certain benefits are applied
to the property for the expressed purpose of providing reduced
rents for low income tenants.   { - Such - }   { + The + }
benefits include, but are not limited to, property tax

exemptions, long-term financing, rent subsidies, code enforcement
procedures and zoning density bonuses.
  (4)   { - Cities and counties are not prohibited from
including - }   { + A city or a county may include + } in
condominium conversion ordinances a requirement that, during the
notification period specified in ORS 100.305, the owner or
developer may not raise the rents of any affected tenant except
by an amount established by ordinance that does not exceed the
limit imposed by ORS 90.493.
  (5)   { - Cities, counties and state agencies - }   { + A city,
a county or a state agency + } may impose temporary rent controls
when a natural or man-made disaster that materially eliminates a
significant portion of the rental housing supply occurs, but must
remove the controls when the rental housing supply is restored to
substantially normal levels.
   { +  (6) A city or a county may impose controls on rental
rates and rental rate increases applicable to spaces in a
facility for manufactured dwellings or floating homes. + }
    { - (6) As used in this section, 'dwelling unit' and 'rent '
have the meaning given those terms in ORS 90.100. - }
  (7) This section   { - is applicable - }   { + applies + }
throughout this state and in all cities and counties therein. The
electors or the governing body of a city or county
 { - shall - }   { + may + } not enact, and the governing body
 { - shall - }   { + may + } not enforce, any ordinance,
resolution or other regulation that is inconsistent with this
section.
   { +  (8) As used in this section:
  (a) 'Dwelling unit' has the meaning given that term in ORS
90.100.
  (b) 'Facility' has the meaning given that term in ORS 90.100.
  (c) 'Floating home' has the meaning given that term in ORS
90.100.
  (d) 'Manufactured dwelling' has the meaning given that term in
ORS 90.100.
  (e) 'Rent' has the meaning given that term in ORS 90.100. + }
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