FAIR Screening and Security Deposit Regulations with PHB Forms

WarrerrAllen,,,,, ATTORNEYS AT LAW WARNER E. ALLEN

850 N.E. I22ND AVENUE

JOHN J. O'HARA JEFFREY S. BENNETT"

PORTLAND, OREGON 97230-2096

SIA B. REZVANI"

ANNA

(s03) 2ss-879s

MoCORMACK' GEORGE A. McCOY" BRADLEY S. KRAUS S.

FAX (s03) 2ss-8836 WEBSITE: www.wanenallen.com

CHRISTOPHER L. TACKETT-NELSON

CARLTON D. WARREN (re34-2017)

DANIELLE P. HENNESSEY

ADAMN. MENTZER TYRONEN. TAYLOR' " Also

Member of Washington Bar

Portland's ooFAIR" Ordinance: Screenins Anna S. McCormack, Attorney at Law DISCLAIMER This is a work in progress. The associated PHB administrative rules were just finalized on January 31,2020. It is impossible to foresee with certainty when and how Portland may edit the ordinance and administrative rules, and we certainly don't know how judges will interpret it. Accordingly, this document is simply a work in progress, i.e., amere snapshot of the most current version of the ordinance and rule, as well as my initial analysis based upon current language. This document does not replace up-to-date legal advice and is not a substitute for tailored legal advice from your own attorney regarding your factual situations and practices.

A final note: When you see crossed-out language followed by italicized language, this is not a typo. A "clean" version of the ordinance has not been published, and thus the cross-outs with italicized replacement language reflects the most current published version of the ordinance at the time these materials were drafted.

INTRODUCTION In June 20l9,the Portland City Council voted 3-l in favor of the passage of new screening regulations addressing how Landlords screen their prospective tenants. Portland's o'Fair Access in Renting" ordinance, colloquially referred to as the "FAIR" ordinance, has a March 7,2020 effective date. The articulated purposes include:

* Requiring

a

* Prioritizing * Capping

*

first-come-first-served system for rental applications accessible units for people with disabilities

the rent-to-income ratio that landlords can require

Limiting the use of credit and criminal histories in screening criteria

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EXEMPTIONS FROM PCC 30.01.086 Basic Exemptions: Section 30.01.086 does not apply to

a process

for leasing for

a

Dwelling Unit that is:

a. Regulated as affordable housing by afederal, state or local governmentfor households that earn no more than 80 percent of the median household income and is subject to a the Multnomah County Coordinated Access System or a formal referral agreement between a Landlord and a non-profit service provider or government agency working to place low income or vulnerable Tenants into housing;

b. Not rented to, or advertised for rental to the general public, including advertisements on online platforms with or without a fee; or

c.

with a Landlord, roommate;e+rsub{esser using the Dwelling Unit as a primary residence, where the Dwelling Unit is defined by PCC 33.910, and not by ORS 90.100; or shared with an existing Tenant with a separate Rental Agreementfor the same Dwelling Unit, where the Dwelling Unit is defined by PCC 33.910, and not by ORS 90.100; or Shared

d. Tenancies where the Applicant would occupy one Dwelling Unit in a Duplex where the Landlord's principal residence is the second Dwelling Unit in the same Duplex; or e. Tenancies where the Applicant would occupy an Accessory Dwelling Unit, as defined by PCC 33.205, that is subject to the Act in the City of Portland so long as the owner of the Accessory Dwelling Unit lives on the site, or Tenancies wltere the owner occupies the Accessory Dwelling Unit and the Dwelling Unit the Applicant would occupy is on the site.

Funding or Loan Requirements: Wherever local, state, or federal funding or loan requirements for Tenant screening conflict with any portion of Section 30.01.086, the funding or loan requirements will take precedence over only those portions in conflict.

These exemptions are very

narow. If you think you may be exempt, get legal advice (do not assume)

KEY PROVISIONS

I.

Advertising (Notice of Dwelling Unit Availability) vs. Wait List

A. 72 Hour

Notice of Dwelling Unit Availability

If

a Landlord advertises the availability of a dwelling unit, the Landlord must publish a "Notice of Dwelling Unit Availability" for 72+ hours prior to processing applications.

INOTE: Although it is called a Notice of Dwelling Unit Availability, this is somewhat of a misnomer.

The "Notice" can be the advertisement itself, as long as it contains the required contents].

L. Contents: The Notice must indicate (a) When (date and time) Landlord

will begin

to process applications ("Open Application Period");

(b) A description of the factors Landlord will consider in evaluating applicants if Landlord intends to charge a screening fee; and 2

(c) Whether an available unit is an Accessible Dwelling Unit.

[NOTE: "Accessible Dwelling Unit" has a highly technical definition. It means "a Dwelling Unit that qualifies as a 'Type A Unit' pursuant to the Oregon Structural Building Code and ICC AIl7.l." Landlords may need assistance from professionals such as contractors or architects to determine whether a subject unit is an Accessible Dwelling Unitl.

2. Contents, Part Two: The foregoing information can be in the notice, or the notice can provide an address, website address, internet link or other method of communicating this information to prospective tenants. In other words, the ad can contain a link, address, etc. at which prospective applicants canfind the required information.

B. Alternative: Waitlist A Landlord can elect to use a waitlist to fill vacancies instead of advertising an available unit. If a Landlord uses a waitlist, then the Landlord: L. Must add names to the Waitlist in the order of receipt

2. Must Accept, Conditionally Accept, or Deny Waitlist Applicants Application

II.

in order of

Receipt of

Application Form and Screening Fees

A. Landlord Application Form Must Include: 1. Disabiliff: An opportunity on the application for an applicant to affirmatively indicate a Mobility Disability or other Disability Status;

2. Portland Notice: City of Portland Notice to Applicants relating to a Tenant's right to request a

modification or accommodation; *FORM: PHB Right to Request Modification/Accommodation Notice*

3. Portland Notice: A City of Portland Notice to Applicants referencing where an applicant could obtain the Portland Housing Bureau (PHB)'s Statement of Applicant Rights; *FORM: PHB Statement of Applicant Rights and Responsibilities Notice* 4. Fee/Criteria: If the Landlord charges a screening fee, a description of the Landlord's Screening Criteria and evaluation process; and

5. Supplemental Evidence: An opportunity for applicant to include Supplemental Evidence for the Landlord's consideration to mitigate potentially negative screening results.

B.

Screening Fees

In addition to the requirements of ORS 90.295, the following FAIR restrictions apply: When Solely Using a Screening Company (Can't Charge Extra): If the Landlord conducts the entirety of an applicant screening through professional screening company, the Landlord must not charge applicant a screening fee greater than that charged by the screening company.

1..

3

2. When Partially Using a Screening Company (25o/o Add-On Limit): If the Landlord conducts some but not all of an applicant screening through the use of a professional screening company, the Landlord must not charge a screening fee that is more than25 percent greater than the cost charged by the screening company.

When Not Using a Screening Company (Comparable Charges/Formula): If the Landlord performs the applicant screening and does not use the screening services of a professional screening company, the Landlord must not charge a screening fee that exceeds 10 percent more than the cost for

3. a

III.

professional screening company serving the Portland-Metro area to complete the same work.

First Come, First Served (and Exceptions)

Landlords must use a first-come-first-served application system for open units, although as explained fuither below, it's not strictly first come in that it gives priority to mobility-disabled applicants applying for an Accessible Dwelling Unit.

A. Applications Received in Response 1. Must Record Dates/Times: was received.

to Notice of Dwelling Unit Availability

Digitally or manually record the date and time each complete application

2. Premature Applications (Submitted Prior to Open Application Period) and Eight Hour Penalty: Digitally or manually record the date and time of such complete applications as 8 hours after the start of the Open Application Period.

3. Use Order of Receipt: Landlords can simultaneously process multiple applications but must accept, conditionally accept, or deny applicants in order of receipt.

INOTE: SB 484, which went into effect statewide on January I,2l2},provides that landlords must refund the applicant screening charge within a reasonable time if the landlord fills the vacant unit before screening the applicant, or if the landlord does not screen the applicant for any reason. It also provides that alandlord can only charge an applicant a single screening charge in any 60-day period, regardless of the number of units owned or managed by the landlord].

4. Can Refuse to Process Portland Violator's Application: A Landlord may refuse to process the

application of an applicant who has verifiable repeated Rental Agreement violations with that Landlord if the most recent violation occurred within 365 days before the applicant's submission date.fNote: This provision has such serious limitations that it's almost useless and will very rarely be available. Get legal advice if you think it may apply, because it probably doesn'tl.

5. Okay to Refuse to Process Defective Application: A Landlord may refuse to process an application that is materially incomplete, that fails to include information concerning an applicant's identification, income, or upon which an applicant has intentionally withheld or misrepresented required information.

6. Provide Record of When Landlord Received Application (5 Business Days Deadline): Within 5 business days of receiving a request from an applicant, the Landlord must provide the applicant with a record of the date and time the Landlord received the complete application.

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B. Applications for Accessible Dwelling Unit 1. Must Give Priority to Mobility-Disabled Applicant During First 8 Hours: If a Landlord receives a completed application for an Accessible Dwelling Unit from any applicant with a mobility-disabled household member, the Landlord must accept, conditionally accept, or deny the application prior to considering other applicants.

Multipte Mobility-Disabled Applicants: Ifthe Landlord has received multiple completed applications for an Accessible Dwelling Unit from applicants with mobility-disabled household members, the Landlord must process these applications in order of receipt (and prior to all other applications).

2.

3. Definition of Mobility-Disabled: A disability that causes an ongoing limitation of independent, purposeful, physical movement of the body or one or more extremities and requires a modifiable living space because of, but not limited to, the need for an assistive mobility device.

IV. Applicant ldentification

Requirements

A. Prohibitions A Landlord cannot...

l.

Require an applicant to provide a social security number,

2. Require an applicant to prove lawful presence in the United States, and 3. Inquire as to the immigration status of any applicant or household member.

B. Landlords Must Accept Certain Types of Verification

Landlord can require an applicant to prove identity but must accept any of the following, or combination thereof, to veriff the name, date of birth and photo of the applicant:

A

1. Evidence

a

of Social Security Number (SSN Card);

2. Y alid Permanent Resident Alien Registration Receipt Card; 3. Immigrant Visa; 4. Individual Taxpayer Identification Number (ITIN); 5. Non-immigrant visa;

6. Any government-issued identification regardless of expiration date; or

7. Any non-govefilmental identification or combination of identifications that would permit reasonable verifi cation of identity.

5

a

V. Financial Criteria

Screening Allowed only for Financially Responsible Applicants

A. Appticants Can Choose Who Will Be Financially Responsible

l.

When multiple adults are applying together to live in a unit, the applicants can choose the person(s) who will beoofinancially responsible for the Dwelling Unit" (Financially Responsible Applicants) and the person(s) who will have no financial responsibility (Non-Applicant Tenants).

2.Landlords do not have a say in this designation.

B. Screening Limitations Related to Financially Responsible Applicants

1. Financially Responsible Applicants: The Landlord can screen only the Financially Responsible Applicants for financial criteria.

2. Non-Applicant Tenants: Non-Applicant Tenants can only be screened for factors related to health, safety and property maintenance (e.g., criminal convictions and some aspects of rental history).

VI.

Rent-To-Income Ratios (Limits) Again, only Financially Responsible Applicants can be screened for financial qualifications. FAIR now places clear limits on the maximum rent-to-income criteriathat can be applied. *FORM: PHB Rental Housing Application and Screening Minimum Income Requirement Table. This is not a form that must be provided to applicants, it is the PHB table that determines whether the relevant unit is q "less expensive unit" or a "more expensive unit" for purposes of the rent to income ratio.*

A.

2.5x Rent for Less Expensive Units.

l.

2.5x Cap: Landlords can require Financially Responsible Applicants to demonstrate monthly gross income that is up to 2.5 times the monthly rent for less expensive units.

2. Definition of Less Expensive Units: Less expensive units are those in which the monthly rent amount is below the maximum monthly rent for a household earning no more than 80 percent of the median household income S+pereen#NaFl as published annually by the Portland Housing Bureau.

B. 2x Rent for More Expensive Units.

1. 2x Cap: Landlords can only require Financially Responsible Applicants to demonstrate monthly gross

income that is up to 2.0 times the monthly rent for more expensive units.

Definition of More Expensive Units: More expensive units are those in which the monthly rent amount is at or above the maximum monthly rentfor a household earning no more than 80 percent of the median 2.

householdincome@aspublishedannuallybythePortlandHousingBureau.

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C. Application of Rent-To-Income Ratio.

When applying the allowable ratio, the Landlord must comply with the following:

1. AII Income Sources: Landlord must include all income sources of Financially Responsible Applicants (wages, non-governmental rent assistance, monetary public benefits). A Landlord may include "verifiable friend or family assistance."

2. Effect of Vouchers/Subsidies: Landlord must calculate based on rental amount reduced by govemmental voucherlhousing subsidy.

3. Cumulative Financial Resources: Must be based on cumulative financial resources of all Financially Responsible Applicants.

VII.

Guarantors or Additional Security if Applicant I)oesn't Meet Income Requirements

If

an applicant does not meet the minimum income ratios, but otherwise qualifies, a Landlord may require additional and documented security from a guarantor, or in the form of an additional security deposit, subject to the following.

A. Notification of Conditional Approval A Landlord must communicate this conditional approval to the applicant in writing and indicate the amount of the additional security required. [Note: FAIR's security deposit rules limit this to an additional one-half month's security deposit, payable in installments over three months].

B. 48- Hour

Response Period

The applicant has no less than 48 hours after the communication of conditional approval to accept or decline this opportunity.

C. Screening Guarantors 1. Demonstrate Financial Capacity: If the Landlord chooses to require additional documented security from a guarantor, the Landlord may require the guarantor to demonstrate financial capacity.

2. Friend/Family Member; 3x Rent: If the guarantor is a friend or family member, the Landlord cannot require the guarantor to have income greater than 3x the Rent amount.

D. Duration of Guarantor Agreement The Landlord may not require an applicant's guarantor agreement to exceed the term of the Rental Agreement.

if the Financially Responsible landlord ratio.

A cannot gtant a conditional Applicant doesn't meet the applicable rent-to-income acceptance based on payment of an additional security deposit or guarantor ifthe tenant fails to satisfu some other criterion. Conversely, if a Financially Responsible Applicant doesn't meet the applicable rent-to-income ratio, the Landlord is not required to grant a conditional acceptance, and may simply deny the applicationl.

INOTE: The additional security/guarantor option only applies

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V[I.

Two Choices: Portland's Low-Barrier Criteria or Individualized Assessment

A. Low-Barrier

Screening Criteria.

Landlords can elect to use the City's low-barrier screening criteria. If a Landlord has even a single requirement that is more restrictive (i.e., stricter) than the low-barrier standard, the Landlord has not implemented the low-barrier criteria and must follow the individualized assessment process. To adopt the low-barrier criteria, the Landlord must adopt criteria that conform to the following.

1. Criminal History: Landlords cannot reject applicants for

(a) Non-Convictions: An arrest that did not result in conviction,

unless the resulting charge is

pending on the date of the application;

(b) Diversions/Deferrals: Participation in or completion of a diversion or a defenal of judgment program;

(c)

Dismissals, Expungements: voided or invalidated;

A conviction that has been judicially dismissed,

expunged,

(d) Crime No Longer Illegal: A conviction for a crime that is no longer illegal in the State of Oregon;

(e) Juvenile Crimes: A conviction or any other determination or adjudication issued through the juvenile justice system;

(f)

Misdemeanors More Than Three Years Old: A criminal conviction for misdemeanor offenses for which the dates of sentencing are older than 3 years from the date of the application, excluding court-mandated prohibitions that are present at the property for which the applicant has applied; or

(g) Felonies More Than Seven Years Old: A criminal conviction for a felony offense for which the dates of sentencing are older than 7 years from the date of the application, excluding courtmandated prohibitions that are present at the property for which the applicant has applied.

Exception for Court-Mandated Prohibitions: If the applicant is subject to a court-mandated prohibition that prevents the applicant from living at a particular property, the Landlord would not be required to approve the application.

Landlord Must Consider Supplemental Evidence Before Denying Based on Criminal Conviction: Even when applying the above low-barrier criminal criteria, the Landlord cannot deny an applicant solely on the basis of criminal history without considering any Supplemental Evidence provided by the applicant at the time of application submittal. Supplemental Evidence is any written information submitted by the applicant that the applicant believes to be relevant to the applicant's predicted performance as a tenant. In other words, if an applicant meets all criteria except for the criminal criteria, and would thus be rejected solely on the basis of the relevant criminal conviction, then the landlord must conduct an individualized assessment of the criminal conviction, including consideration of any Supplemental Evidence submitted by the applicant.

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2. Credit History: Landlords cannot reject Financially

Responsible Applicants for...

(a) 500: A credit score of500 orhigher; (b) Insufficient Credit History: Insufficient credit history, unless the applicant in bad faith withholds credit history information that might otherwise form the basis for a denial; (c) Negative Credit Report: Negative information provided by a consumer credit reporting agency indicating past-due unpaid obligations in amounts less than $1,000; (d) Prior Rental Property Damage Less Than $500: Balance owed for prior rental property damage in an amount less than $500; (e) Discharged Bankruptcy: A Bankruptcy filed by the applicant that has been discharged;

(f) Active Chapter L3 Bankruptcy: A Chapter 13 Bankruptcy filed by the applicant under an active repayment plan; or (g) MedicaUEducation/Vocational Training Debt: Medical or education/vocational training debt.

3. Rental History: Landlords cannot reject an applicant for. (a) An FED

case

if:

(i) The tenant won: The FED was dismissed or resulted in a general judgment for the applicant before the applicant submitted the application;

(ii) The tenant lost the FED but: a. Judgment More Than 3 Years Old: the general judgment was entered 3 or more years before the date of the application; b. Other Reasons: The general judgment was entered less than 3 years before the application, but (l) the FED was based on a no cause, or (2) it was a default judgment and the applicant presents credible evidence that they had already moved out at the time of the default; or (3) the relevant FED judgment was later set aside or sealed.

(b) Information From References:

Any information that the Landlord obtains from a verbal or of defaults in rent, three or more material violations with the exception written rental reference check of a Rental Agreement within one year prior to the date of the application that resulted in notices issued to the tenant, an outstanding balance due to the Landlord, or lease violations that resulted in a termination with cause. No other reference information may be the basis of a denial. (c) Insufficient Rental History: Insufficient rental history, unless the applicant in bad faith withholds rental history information that might otherwise form a basis for denial.

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B. Individual

Assessment (When Not Using Low Barrier Criteria)

A Landlord that applies screening criteria that is more prohibitive (stricter) than the low-barrier criteria must conduct an individualized assessment of any basis upon which the Landlord intends to deny an application, including any Supplemental Evidence, before issuing a denial.

L. Consideration of Supplemental Evidence: In evaluating an Applicant using the Individual Assessment, Landlord must accept and consider all Supplemental Evidence provided with a completed application to explain, justifu or negate the relevance of potentially negative information revealed by screening. When evalnating the effeetef Supplemental El'idenee en a Landlerd's deeisien ef aeeeptanee

@InevaluatinganApplicantusingtheIndividualAssessment,theLandlordmust also consider:

(a) Nature and Severity: The nature and severity of the incidents that would lead to a denial;

(b) Number and Type: The number and type of the incidents; (c) Passage of Time: The time that has elapsed since the date the incidents occurred; and

(d) Age at Time of Incident: The age of the individual at the time the incidents occurred.

2. Denials: After performing

an

Individual Assessment, the Landlord may deny the applicant, so long

as:

(a) Can't Discriminate: The denial is non-discriminatory in accordance with the Fair Housing Act; (b) Complies with the General Screening Process and All Other Laws: The denial is in accordance o'General Screening Process" (Subsection D of FAIR Ordinance) and all other applicable federal, state, and local laws;

with the

'Weeks): The Landlord provides a written o'Notice of (c) Written Notice of Denial (Within Two Denial" issued from the Landlord to the applicant within 2 weeks of the denial that... (i) Meets the requirements of ORS 90.304

(ii) Complies with general screening process denials under PCC 30.01.086 Subsection D.4. (the "Application Denial" section of the ooGeneral Screening Process")

(d) Explanation: Includes an explanation of the basis for denial; and (e) Explanation re Inadequacy of Supplemental Evidence: Includes 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.

IX. Disability- Related Modification Requests

A. Alternative

Requests (Two Successive 24-IJou.r Periods)

denies an applicant's request for modification, the Landlord must provide the applicant two successive 24-hour periods within which to request altemative modifications.

If a Landlord

10

B. Request for Modification Can't Be Basis for Denial A disabled applicant who is otherwise approved and who

requests a modification may not be denied requested modification. of a Landlord's denial housing based solely on the

C. Applicant Can Accept Unit without Modification If no reasonable modification can be made to the dwelling unit to address the applicant's disability, the applicant, if otherwise eligible, may accept the dwelling unit without modification.

X. Denials and Appeals

A. Compliance With

30.01.086 and Other Laws

A Landlord may deny any applicant or Non-Applicant Tenant in accordance with the requirements of 30.01.086 and all applicable federal, state, and local laws.

B. Approving Financially Responsible Applicant and Denying Non-Applicant Tenant If a Financially Responsible Applicant qualifies for a dwelling unit, the Landlord may not

deny the Financially Responsible Applicant based on the denial of a Non-Applicant Tenant that the Financially Responsible Applicant included on the application. Instead, the Landlord must allow the qualifring Financially Responsible Applicant to accept the dwelling unit without the Non-Applicant Tenant.

C. Reasonable Modifications/Accommodations Neither an applicant's request for reasonable modification or accommodation for a disability, nor the nature of the modification or accommodation requested, may be a factor for a Landlord's denial.

D. Communication of Determination (Two Week Limit) Within 2 weeks after a Landlord or its screening company completes its evaluation of an applicant, the Landlord must provide the applicant with a written communication of acceptance, conditional acceptance, or denial. In the case of a conditional acceptance or denial, the written communication must describe the basis for the decision.

E. Appeals The Landlord must offer the applicant an opportunity for appeal for 30 days following the denial of an application. The Landlord's appeal process must include the following: 1. Negative Information: Provide the applicant the opportunity to correct, refute or explain negative information that formed the basis of the Landlord's denial;

2. Three Month Prequalification Period: Prequaliff the applicant for rental opportunities at the Landlord's properties for the 3 months following the date a Landlord approves an application reviewed on appeal; and

3. Waive Screening Fee for Three Months: Waive the applicant s screening fee for the 3 months following the approved appeal. Prior to waiving the screening fee, the Landlord may require the 11

applicant to self-certifr that no conditions have materially changed from those described in the Landlord's approved application.

[NOTE: The term "prequalifu" is not defined, and no one knows what it means. Does it mean they "prequalifu" for a unit that has higher rent, or even in an entirely different building that may have different criteria? Time-and litigation-will tell. In the meantime, keep in mind that the "prequalification" only comes into play when the Landlord grants the appeal].

XI. Damages

A Landlord that fails to comply with any of the requirements of the FAIR Ordinance shall be liable to the applicant for an amount up to $250 per violation plus actual damages, reasonable attorney fees and costs (collectively, "Damages").

Any applicant materially harmed by a Landlord's intentional noncompliance with the foregoing has a cause of action in any court of competent jurisdiction for Damages and such other remedies as may be appropriate.

XII. PHB Regulations Delegation of Authority (For I)irector of Portland Housing Bureau). In carrying out the provisions of this Section 30.01.086, the Director of PHB, or a designee, is authorized to adopt, amend and repeal administrative rules to carry out and administer the provisions of this Section 30.01.086.

DISCLAIMER THE INFORMATION AND MATERIALS PRESENTED BY ANNA S. McCORMACK AND WARREN ALLEN LLP ARE INTENDED TO BE EDUCATIONAL ONLY AND ARE NOT SPECIFIC LEGAL ADVICE. YOU SHOULD CONSULT YOUR OWN ATTORNEY FOR ADVICE REGARDING THE APPLICATION OF THE LAW TO YOUR INDIVIDUAL CIRCUMSTANCES. THE LAW CAN CHANGE VERY RAPIDLY, SO DO NOT ASSUME TIIAT ANY LAW DISCUSSED HEREIN APPLIES IN PERPETUITY OR THAT IT REMAINS AS DESCRIBED HEREIN. ABOUT THE AUTIIOR Anna S. McCormack has been a litigator with Warren Allen LLP since 2003 and represents many of the region's premier management companies and ownership groups. Ms. McCormack's civil litigation practice emphasizes Landlord's rights and business disputes. She has appeared in state, federal, tribal, and municipal courts, as well as administrative and appellate proceedings. Ms. McCormack is committed to making the legal process understandable to her clients, and to finding practical and creative alternatives to litigation when possible. Ms. McCormack attained a B.A. summa cum laude from the University of Cincinnati and earned her J.D. cum laude from the Northwestem School of Law of Lewis and Clark College. When she is not parsing the Portland Landlord/tenant ordinances or pondering Oregon's utility statute, Ms. McCormack enjoys imagining what she might do if she had spare time.

t2

PHB RIGIIT TO REQUEST ACCOMMOTIATTONIpTODTFICATTON FORM Must Be fnduded with Application F'orms (4-Page Document following this cover

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Right to Request a Modification or Accommodation Notice Required Under Portland City Code Title 30.01.086.C.3.8 Within the City of Portland, a landlord is required to include this notice with application forms for the rental of a dwelling unit.

State and federal laws, including the Fair Housing Act, make it illegal for housing providers

refuse to make reasonable accommodations and reasonable modifications for individuals with disabilities. All persons with a disability have a right to request and be provided a reasonable accommodation or modification at any time, from application th rough to termination/eviction.

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Some exemples of reasonable accommodations lnclude:

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Assignin8 an accessible parking space Transferring a tenant to a ground-floor unit Changing the rent payment schedule to accommodate when an individual receives public benefits Allowing an applicant to submit a housing application via a different means Allowing an assistance animal, in a "no pets" building. More information about assistance animals is available here: https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance- animals

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Some examples of reasonable modification include:

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Adding a grab bar to a tenant's bathroom lnstalling visualsmoke alarm systems lnstalling a ramp to the front door

Under fair housing laws, a person with a disability is someone:

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With a physical or mental impairment that substantially limits one or more major life activities of the individual; With a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual; or Who is regarded as having a physical or mental impairment that substantially limits one or more major life activities,

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Major life activities include, but are not limited to seeing, walking, reaching, lifting, hearing, speaking, interacting with others, concentrating, learning, and caring for oneself R

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Reasonabl e Accommodations

A reasonable accommodation is a change or exception to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, This includes public use and common spaces or fulfilling their program obligations. Any change in the way things are customarily done that allows a person with a disability to enjoy housing opportunities or to meet program requirements is a reasonable

accomrnodation.

All housing or programs are required to make reasonable accommodations,

Housing

providers may not require persons with disabilities to pay extra fees or deposits or any other special requirements as a condition of receiving a reasonable accommodation, Reasonable Modifications

A reasonable modification is a structural change made to the premises in order to afford an individual with a disability full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to public use and common areas.

Under federal law, public housing agencies, other federally assisted housing providers, and state

or local government entities are required to provide and pay for structural modifications as reasonable accommodations/modifications. For private housing, the person requesting the reasonable modification will need to cover the costs of the modification.

Veriflcation of Disability ln response to an accommodation or modification request and only when it is necessary to verify that a person has a disability that is not known or apparent to the housing provider, they, can ask an applicant/tenant to provide documentation from a qualified third party (professional), that the applicant or tenant has a disability that results in one or more functional limitation. lf the disability-related need for the requested accommodation or modification is not known or obvious, the housing provider can request documentation stating that the requested accommodation or modification is necessary because of the disability, and that it will allow the applicant/tenant access to the unit and any amenities or services included with the rental equally to other tenants.

A housing provider cannot inquire into the nature or extent of a known or apparent disability or reguire that an applicant or tenant release his or her medical records. Housing providers can require that the verification come from a qualified professional, but they cannot require that it be a medical doctor.

Nondiscrimination laws cover applicants and tenants with disabilities, as well as applicants and tenants and without disabilities who live or are associated with individuals with disabilities. These laws also prohibit housing providers from refusing to rent to persons with dlsabilities, making discriminatory statements, and treating persons with disabilities less favorably than other tenants because of their disability.

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Under fair houslng laws, it is illegal for a housing provider to deny reasonable accommodations and reasonable modlflcatlons to lndlviduals with dlsabilities. tf wrongfully denied an eccommodation or modificatlon contact HUD or the Fair Housing Council of Oregon. Time limlts apply to asserting any legal claims for discrimination. toll-free at 1-800-569-9777 or TTY 1-800-927-9275 or visit https ;//www. hud, gov/program_officesfair_housing_eq ual_opp/complaint-process Call HUD

HUD will investigate at no cost to the complainant.

For more information about reasonable accommodations and modifications visit www.hud.govlprogram-officesfair-housing-equal-opp/reasonable accommodations an d_modifications

the Fair Housing Council of Oregon at (SO3) 2ZZ-8197 ext. 2 or http:/ffhco.org/index.p hp/report-discrim ination, Call

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Portland Housing Bureau Rental Services Office porrlandoregon.6ov/phblrso rentalservices@portlandoregon.gov 503-823- I t03

EOUAL HOUSI

OPPORTUNI TY

lf you believe you have been harassed or discriminated against because of your race, color, national origin, religion, gender, familial status, disability, marital status, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or agâ‚Ź over 18 seek legal guidance regarding your rights under Fair Housing law.

For translation or

interpretation, please call 503-823-1303

TTY at 503-823-6858 or Oregon Relay Service at 711

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This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and portland Landlord-Tenant Law under Portland City Code Title 30.

The informotion in this form is for educationol purposes only. You should review oppropriate stdte statute, city code, and odministrative rule os necessory. lf you need legal guidancq or are considerlng taking legol action, you should contact on attorney.

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PHB STATEMENT OF APPLICANT RIGHTS AND RESPONSIBILITIES NOTICE Must Be Included with Application Forms (3-Page Document following this cover page)

Statement of Applicant Rights and Responsibilities Notice

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Portland Housing Bureau

421 SW 6tir Avenue. Suite

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Statement of Applicant Rights and Responsibilities Notice Required Under Portland City Code Title 30.01.086.C.3.C Within the City of Portland, a landlord is required to include this notice with application forms for the rental of a dwelling unit.

City of Portland Appllcant Rlghts The City of Portland has adopted local requirements that provide additional rights and responsibilities for landlords and applicants for rental housing, beyond state law requirements, during the rental unit advertising and application process.

Applicants are strongly encouraged to submit supplemental information to offset any reasons that could lead to denial. ln the event of denial, applicants have the right to appeal the decision

within 30 days.

Appllcants are stronqlv encoura:ed to revlew thelr rirhts before submittlnr an aooli atlon.

City requirements address the following landlord tenant topics: advertising and application process screening, security deposits, depreciation schedules, rental history, notice rights, and rights for relocation assistance.

The City of Portland city code, rules, required notices and forms are listed below, and are available at: Iportland,gov/rso] or by contacting the Rental Services Office at (503) 823-1303 or renta lservices@portlandoregon.gov.

Residential Rental Unit Registration

o

Portland City Code 7.A2.89O

Application and S*eening Requirements

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Portland City Code 30.01.086 Rental Housing Application and Screenin8 Administrative Rule Statement of Applicant Rights and Responsibilities Notice Right to Request a Modification or Accommodation Notice Rental Housing Application and Screening Minimum lncome Requirement Table

Security Deposit Requirements

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Portland City Code 30.01.087 Rental Housing Security Deposits Adminis$ative Rule Rental History Form Notice of Rights under Portland's Security Deposit Ordinance

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Relocation Assistance Relocation Exemption Application Acknowledgement Letter (lf applicable)

Stalenlent al Appllcar':l Rights ard Reqson*ibiiities Nclice 3A.Ol 086, G.3. C (Valid tht.tgh |/atci, 2i)7 i) Page 2 0f :l

Portland Houslng Surealr Rertal Services O{fice portlando rcgon.govlphblrso l entalieryicca@portla ndorcgcn,gov

503-823- r 103

lf you believe you have been harassed or discriminated against because of your race, color, national origin, religion, gender, familial status, disability, marital status, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or ate over 18 seek legal guidance regarding your rights under Fair Housing law,

For translation or interpretation, please call 503-823-1303 TTY at 503-823-6868 or Oregon Relay Service at 711

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This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and portland Landlord-Tenant Law under Portland City Code Title 30.

The informotion in this form is for educationol purposes only. You should revlew opproprtote state stotute, city code, ond administrative rule as necessory. tf you need tegal guidonce, or sre considering taking legal oction, you should contoct an attorney.

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PIIB Rental Housing Application and Screening Minimum Income Requirernent Table For Landlord Use in Determining Which Rent-to-Income Ratio Can Be Applied to Financially Responsible Applicantsl Does Not llave to be Provided to Applicants; PHB Will Update in Spring 2020 and Annually Thereafter (2-Page l)ocument following this cover page)

Application and Screening Minimum Income Requirement Table

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Rental Housing Application and screening Minimum lncome Requirement Table Required by pCC 30.01.08G.D.2.a,b lf the monthly Rent arnount is below the amount listed for the number of bedrooms in a Dwelling Unit, a Landlord can require an Applicant to demonstrate a monthly gross income of up to but not greater than 2.5 times the amount of the Rent.

lf the monthly Rent amount is at or abovâ&#x201A;Ź the amount listed for the number of bedrooms in a Dwelling Unit, a Landlord can require an Applicant to demonstrate a monthly gross income of up

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Table is updated.

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For translation or interpretation, please call 503-823-1303 TTY at 503-823-6858 or Oregon Relay Service at 711

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This requirement is in addition

to any other rights and responsibilities set forth in the Oregon

Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and portland Landlord-Tenant Law under Portland City Code Title 30.

The information in this form is for educationol purposes only. You should review oppropriote stofe stotuf e, city code, ond administrative rule as necessqry. lf you need legol guidancet or ore considering toking legal oction, you should contact on attorney.

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WarrerAllen,,, ATTORNEYS AT LAW WARNER E. ALLEN

850 N.E. 122ND AVENUE PORTLAND, OREGON 91230-2096

JOHN J. O'HARA JEFFREY S. BENNETT'

SIA B. REZVANI' S. MoCORMACK" GEORGE A. McCOY' BRADLEY S. KRAUS CHRISTOPHER L. TACKETT-NELSON DANIELLE P. HENNESSEY ADAMN. MENTZER TYRONE N. TAYLOR'

(s03) 255-8795

FAX (s03) 255-8836

ANNA

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WEBSITE: www.warrenallen.com CARLTON D. WARREN (1e34-2017)

Also Member of Washington Bar

Portland's .6FAIR" Ordinance: Securitv Denosits Anna S. McCormacko Attorney at Law APPLICABILITY: ONLY PROPERTIES IN PORTLAND, OREGON CITY LIMITS Effective Date: FAIR's effective date is March 1,2020.

Rental Agreements Entered into On or After March lr2020z All of the requirements below apply to any brand new (i.e. initial) Rental Agreement entered into on or after March I,2020.

Rental Agreements Entered lnto Prior Ta March lr2020z For any Rental Agreement entered into prior to March 1,2020, onlv the requirements in highlights apply.

I. LIMITS ON SECURITY DEPOSIT AMOUNT

A.

One Month's Rent If

@ Last Month's Rent Deposit Required

1. Basic Rule: The security deposit cannot exceed one month's rent, if no last month's rent deposit is required. (NOTE: Under Oregon law, a last month's rent deposit is legally distinct from a security deposit; they are two entirely different things, so do not conflate the two. Get legal advice if you are not sure what the difference is).

2. Exception (Condition Acceptance / Installment Payments): Landlord may conditionally accept Financially Responsible Applicant who does not meet rent-to-income ratio criteria by requiring an additional half-month's rent as security deposit, but must allow tenant to pay the additional deposit in installments over a three-month period in "installment amounts reasonably requested by the Tenant."

B.

One-Half Month's Rent If Last Month's Rent Deposit

1s

Required

1. Basic Rule: The security deposit cannot exceed one half of one month's rent

if

a last

month's rent

deposit rs required.

2. Exception (Condition Acceptance / Installment Payments): Landlord may conditionally accept Financially Responsible Applicant who does not meet rent-to-income ratio criteria by requiring an additional half-month's rent as security deposit, but must allow tenant to pay the additional deposit in installments over a three-month period in "installment amounts reasonably requested by the Tenant."

1

II. MUST KEEP SECURITY DEPOSIT IN SEPARATE ACCOUNT

A.

Security Deposits Must Be in Account Segregated from PersonaVOperating Account

B. Must Deposit Entire

Security Deposit into FDIC-Insured Separate Bank Account Within 2 Weeks

of Receipt

C. Rental Agreement Must Reflect Name and Address of Bank, and Whether lt's in an Interest-Bearing Account

D. If Placed in Interest-Bearing Account, Interest

Belongs to Tenant

Account Receipt Requests: At tenant's request (max once every 12 months), Landlord must provide an account receipt showing any interest earned 1.

2. Keeping Interest (When Permissible): If deposit plus interest is used entirely at end of tenancy (for unpaid amounts due, damage charges, etc.), landlord'okeeps" interest.

3.50

Deduction: If tenant is entitled to a deposit refund, refund must also include interest, minus (optional) 5o/o deduction for administrative costs. (Query: Is this a violation of the ORLTA?)

III. NEW RENTAL AGREEMENT PROVISIONS RE SECURITY DEPOSITS

A.

Rental Agreement Must Reflect Name and Address of Bank, and Whether lt's in an Interest-Bearing Account

B. Additional Security

Deposit Installment Plan Addendum (if applicable)

C. Fixture, Applianceo Equipment, Personal Property Addendum 1. Itemization: Fixtures, appliances, equipment, and personal property must be itemized in the Rental Agreement in order to withhold any portion of the security deposit for repairlreplacement of said items

Note: ooStructural elements" like subfloor, walls, framing, roofing, piping, staircases are not subject to the depreciation schedule and don't have to be listed in Rental Agreement in order to withhold post-tenancy.

2. Description Required: The itemization(s) must include description(s) 3. Depreciated Value Required: The itemization must include a depreciated value in accordance with PHB depreciation schedule, as well as original purchase price and date. a. When Approximations Are Required: If landlord doesn't have original purchase price andlor date, landlord must approximate age and depreciated value using same or comparable item.

b. Documentation for Deviations from Depreciation Schedule: Landlord may provide o'documentation reasonably acceptable to a Tenant" to justify a value calculation that deviates from the depreciation schedule. Must include current depreciated value (per landlord), explanation of why the PHB depreciated value is inapplicable, and justification of alternative repair or replacement cost has been calculated.

*FORM: PHB Fixture, Appliance, Equipment, and Personal Property Depreciation Schedule. This is not a form that must be provided to tenants, it is simply the form that landlords must use to complete the itemization required in the rental agreement for all non-structural items that they landlord may charge the tenantfor in the event of damage.* NOTE: The ordinance does not contain clear definitions of the categories of items. When in doubt, pick a category with a higher rate of depreciation, as this would benefit the tenant.

2

IV. CONDITION REPORT A. Landlord Must Give to Tenant by Commencement Date The landlord must provide a condition report form to the tenant by the "commencement date" (which is the date tenant is entitled to possession of the premises).

B.

Tenant Has 7 Days to Submit Condition Report to Landlord 1. Tenant can return Condition Report noting damages and condition of the fixtures, appliances, equipment and personal property listed in the Rental Agreement.

2. Tenant's Condition Report establishes the baseline condition of the premises (see exception below.

C. Third-Party Validation 4flandlord Disputes Tenant's Condition Report 1. Tenant and landlord may

obtain'Joint third-party validation."

2.Thirdparty must be neutral (no friends or family of either side).

3. Ifthird-party validation is unsuccessful, then "the Tenant's Condition report shall establish the baseline condition of the Dwelling Unit."

NOTE: The ordinance is silent about how this "neutral third-party" is chosen, the process and timeline for doing so, what happens if the parties can't agree on the third-party, and so on.

D. If Tenant Does Not Submit Condition Reporto Landlord Must Complete Condition Report Within 17 Days

If tenant does not submit the completed Condition Report within 7 days, Landlord must provide Condition Report and digital photographs of premises to tenant within 17 days of commencement

date.

E. Landlord Must Provide Updated Condition Report After Repairs/Replacements 1. If Landlord intends to withhold any money from the security deposit to cover repairs or replacement, Landlord must update the Condition Report to reflect therepairlreplacement. (If you know you will not charge Tenant for the repair, then no update is required).

2.Landlord must provide Tenant with an updated Condition Report, or with oomaintenance work order history," within l0 business days of the foregoing rcpair/replacement. The updated Condition Report or "maintenance work order history" must include: a. Date(s) of repair/replacement

b. Damage being repaired/replaced c. Updated depreciated value d. Any funds applied from Security Deposit for repairheplacement 3. The PHB rule further provides: a. "Replaced items should be noted along with the item purchase date, item condition, and depreciated value."

b. "If the tegant disputes the updated Condition Report or maintenance work order history, the Tenant and the Landlord may attempt to obtain third-party validation of the updated condition." a

J

V. SECURITY DEPOSIT WITHHOLDINGS

A. Limitations on Types of Charges Against

Security Deposits

1. Acfual Costs Only:-Landlord can only apply security deposit to "actual costs reasonably incurred to repair the premises to their condition existing at the commencement of the Rental Agreem6nt."

2. Prohibited : Landlord cannot charge for routine maintenance, ordinary wear and tear, replacement of not damaged by tenant's acts/ omissions, or for preexisting damage noted on Report.

3. Effect of Warranty: Landlord cannot charge for anything reimbursed by warranty or landlord's insurance or a warranty.

4. Painting: Landlord cannot charge for painting except to repair specific tenant-caused damage beyond ordinary wear and tear or to repaint when tenant painted without permission.

5. Cleaning/Repair of Flo_o_ring/Carpet: Landlord can only charge if "additional cleaning or replassrnett is necessilated !y use in excess of ordinary wear and tear," and, can only charge for the cost of cleaning/replacing the "discrete impacted area."

B.

Itemized Final Accounting 1.3.0-DayTime Limit: The final accounting (probably) must be sent within 30 days. Note: the ordinance lryg-"ugg is garbled and unclear (how unusual!), so the safest bet is to assume the accounting must be mailed within 30 days of the termination of tenancy (not 31, as stated in the ORLTA).

2. Must Include Photos of Any Visual Damage 3. Labor Costs in Excess of $200: If charging more than $200 for labor, the itemized final accounting must include documentation demonstrating that labor cost is reasonable and consistent with typical hourly rates in metropolitan area.

4. Must Inc\rde Security Deposit No4ce of Rights. Can consist of a copy of PCC 30.01.087, plus contact info for Legal Aid Services of Oregon or online/physical address of Oregon State Bar.

VI. FINAL INSPECTION A. Mandatory? Not Known The language of this provision is very poorly written, resulting in ambiguity as to whether the final inspectiorVry_alk through within 7 days of termination is mandatory in all cases, or only when the tenant requests it. Here's the provision:

"Within I week following the Termination Date [the/a] Landlord shall conduct a walk-though of the

Dwelling Unit at the Tenant's option, with the Tenant or Tenant's representative, to documeirt any 9?Tgg"_ !:Vond o_rdiggry wear and tear not noted on the Condition R-eport (the "Final Inspection'). [#ltt"] fenp! [andlor] the Tenant's representative, may choose to be present for the Final Insp6ction.

The Landlord must give notice of the date and time of the Final Inspecti-on at least24 hours in aivance to the Tenant."

B. Safest Strategy The safest course of action to is to always conduct the Final Inspection and notiSz the tenant of the date and time 24 hours before. (NOTE: No one knows for sure what"'Termination Date" means. It's defined as "termination of the.Rental Agreement." Does that mean the date that a notice of termination expires, even if the tenant is still in possession? Does that mean the date Landlord actually gets possessioni)

4

VII. RENT PAYMENT HISTORY FORM

A. Must Be Provided to Tenant Within 5 Business Days of Landlord Serving Any toTermination Noticett

(NOTE:A strong argument exists that the rent Payment History Form only needs to be served when the Landlord serves a no cause or a "qualifring landlord reason" termination notice. However, the relevant

provisions are poorly drafted and ambiguous, with !o certain answer. Because the damages for any violation are so severe, most Landlords will eff on the side of caution and serve the Rent Payment History Form with every termination notice until this provision is clarified legislatively or judicially).

B. Must Be Provided

to Tenant Within 5 Business Days of Tenant Request

C. Must Be Provided to Tenant Within 5 Business Days of TENANT Serving Any Termination Notice (?)

Note: PCC 30.01.087(F) does not contain this requirement, and PHB's Permanent Administrative Rule (Rental Housing Qgcurily Deposits)_do es,not contain this requirement. Accordingly, it does not currentlyappear to be law. Notwithstanding this, the actual PHB Rent History Form states that it must be served within 5 business days of ooreceiving nolice from the tenant of intent to terminate the tenancy."

Accordingly, risk-averse Landlords will elect to provide the Rent Payment History Form to Tenants who give the Landlord a notice of termination (notice of intent to vacate). *FORM: PHB Rental History Form*

VI[.

DAMAGES

"A Landlord that fails to comply with any of the requirements of this Section shall

be liable to the Tenant for an amount double to the amount of the Tenant's Security Deposit, reasonable attorney fees, and costs (collectively.,"Datrrages"). Any Tenant aggrieved by aLandlord's noncompliance with tire foregoing has a cause of action in any court of competent jurisdiction for Damages and such other remedies as may 6e appropriate."

DISCLAIMER THE INFORMATION AND MATERIALS PRESENTED BY ANNA S. McCORMACK AND WARREN ALLEN LLP ARE INTENDED TO BE EDUCATIONAL ONLY AND ARE NOT SPECIFIC LEGAL ADVICE. YOU SHOULD CONSULT YOUR OWN ATTORNEY FOR ADVICE REGARDING THE APPLICATION OF THE LAW TO YOUR INDIVIDUAL CIRCUMSTANCES. THE LAW CAN CHANGE VERY RAPIDLYO SO DO NOT ASSUME THAT ANY LAW DISCUSSED HEREIN APPLIES IN PERPETUITY OR THAT IT REMAINS AS DESCRIBED HEREIN. AROIIT

AUTIIOR

Anna S. McCormack has been a litigator with Warren Allen LLP since 2003 andrepresents many of the region's preTier mar,Ilgement companies and ownership groups. Ms. McCormack's civil litigation praitice emphisizes landlord's lghts and busil_ess disputes. She has appeared in state, federal, tribal, and frunicipal courts, ai well as administrative and appellate proceedings. Ms. McCormack is committed to making the legal process understandable to her clients, and to finding practical and creative alternatives to litigation when p6ssibie. Ms. McCormack attained a B.A. summa cum laude from the University of Cincinnati and earned her J.D. cum laude from the Northwestern School of Law of Lewis and Clark College. When she is not parsing the Portland landlord/tenant ordinances. or pondering Oregon's utility statute, Mi. McCormack enjoys imagining what she might do if she had spare time.

5

PHB FIXTURE, APPLIAIICE, EQUIPMENT AND PERSONAL PROPERTY DEPRECIATION SCHEDULE For Landlord Use in Determining Depreciated Value to Include in Itemization in Rental Agreementl Does Not Have to Be Provided to Tennnts (3-page document following this cover page)

Fixttre, Appliance, Equipment and Personal Property Depreciation Schedule

6

500 pxorun 503-823-1303

421 SW 6th Avenue, Suire

Portland

Housing Bureau Rental Services Offtce

. Ponland, OR 97204 . rax 501.865-3250

portlandoregon.gcv/phb/rso

Rental Services Helpdesk Hourr

HayorTcdWheeler . Oirector Shannon Callahan

r'roN, wEo,

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9*llanr

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Fixture, Appliance, Equipment, and Personal Property Depreciation Schedule Required Under Portland City Code Title 30.01.087.C.1 Within the City of Portland, a landlord may only apply security deposit funds for the repair and replacement of those fixtures, appliances, equipment, or personal property that are identified in the rental agreement and to which a value is attached in accordance with the depreciation schedule published in this notice.

A landlord may provide documentation reasonably acceptable to a tenant demonstrating why different calculation is justified for a particular item so long as the documentation includes:

1.

2.

3.

a

The current depreciated value of the fixture, appliance, equipment, or personal property; An explanation of why the depreciated value derived from the Depreciation Schedule is inapplicable for the fixture, appliance, equipment, or personal property; and A justification of how the repair or alternative replacement cost of the fixture, appliance, equipment, or personal property has been calculated or determined.

City of Portland Requirements

When determining the amount of security deposit funds to withhold for the repair and replacement of appliances or equipment, fixtures, or personal property, a landlord must discount the estimated original purchase price by the following depreciation schedule: Appliances or Equipment (includes items such as refrigerators, microwave ovens, stovetops, ovens, dishwashers, etc.) depreciate over 15 years, or 6.67% per year.

Fixtures that are Carpets and Window Dressings (includes items such as carpet, flooring that is not permanently attached, blinds, curtains, etc.) depreciate over 10 years, or lOYs per year.

Fixtures not includinq Carpets and Window Dressings (includes items such as faucets, sinks, toilets, tubs, permanently attached flooring, cabinetry, etc.) depreciate over 20 years, or 5% per year.

Personal Property (includes all other non-structural elements not covered by the fixtures, appliances, or equipment depreciation schedule) depreciate over 30 years, or 3.34% per year.

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Example of Calculating Depreciated Value Year

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Year8:

Appliance or equipment purchased for 5300 Depreclated Y6;ug = $140 Calculotion $3OO purchase price

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LS-year depreciation = $20 depreciation per year $20 depreciation per year x 8 years = S150 of value depreciation 5300 purchase price - $rSO of value depreciation = S140 of depreciated value

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Portland Housing Bureau Rental Servlces Office

r| Sc.{edi./ie Forn 30 Ql .087 C 1 ivarcj lllt'cLialh Matc/| 2021 Paijr: ? at 3 D ep re c

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rentahervir:er@porthndorogon.gov s03-823- r30l

EQUAL HOUSING

OPPORTUNITY

lf you believe you have been harassed or discriminated against because of your race, color, national origin, religion, gender, familial status, disability, marital status, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or age over 18 seek legal guidance regarding your rights under Fair Housing law.

For translation or interpretation, please call 503-823-1303 TTY at 503-323-6868 or Oregon Relay Service at 711

503-s23-1303: Traducci6n e interpretaci6n I Chuydn NgO hoic Phiâ&#x201A;Źn Dich I ffill+El&i+ i*EFR I Trad ucere sau l nterpretare llncumexuu hnnu yctnsti nepeao4 I ffil-=rX X

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I nucu^nostafi a6oycxr,rfi nepexnaA I Turjumida ama Fasiraadda a,t-yt t"Jbtuy-.;:.,JI a^-.riJ| I n1ucctJu1l1 S n?uacfiure)

This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 90, and Portland Landlord-Tenant Law under Portland City Code Title 30' The informotion in this form is for educotional purposes only. You should review oppropriate stote statute, city code, ond administrotive rule as necessdry. lf you need legal guidance, or are

considering taking legal oction, you should contoct an attorney.

Portland Housing Sureau Rental Servlces Office :)ee{e{:!aiioil s:iieJulc i:ein) 3i) C1 .C87 i- i i\iatd !!]' akgh March r-"3|:e 3 af -,

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portlan doregon.gov/ph b/rso

rentalservices@portlandoregon.gov s03-8?3.

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PHB RENTAL IIISTORY F'ORM

Must Be Provided to Tenant Within 5 Business Days of 1) Tenant's Request and 2) Dellvery of a Termination Notice (3-page document following thls cover page)

Rental History

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Portland Housing Bureau

421 SW6thAvenue, Sulte500

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Rental Services Oftce l"layorTbd\|lhâ&#x201A;Źcler

503-823-1303

Rental Servlces Helpdesk Hour:

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Direcror Shannon Callahan

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Rental History Form Required Under Portland City Code Title 30.01.O87.F Within the City of Portland, a landlord is required to provide this completed form to a tenant within 5 business days of receiving a request from a tenant, receiving notice from the tenant of intent to terminate the tenancy, or when a landlord gives notice of intent to terminate a tenancy.

This form may be transmitted in digital or paper form.

Tenant lnformation Tenant Name: Tenant Name: Tenant Name: Tenant Name: Tenant Name: Tenant Name:

Landlord lnformation Landlord Name:

Contact lnformation

Residency Information Address:

Move-in Date:

Landlord Signature:

Rental Hislory Form

Foffi 30.01.087.F (Valid lhrough March 2021) Page 1 of 3

Move-out Date (if known)

Date:

l-.4pm

Previous Two-Year Rent Payment History (A payment ledger detaiting the same information may be used to meet the reguirements of this form)

Month

Year

Month

Year

Paid Yes/No

Portland Housing Bureau Rental Servicer Office portlandoregon.gov/phbi Rental History Fotm

Form 30.01 .087.F (Valid through March 2421) Page 2 of 3

rso

rentalservlces@portIandoregon,gov 503-823- I 303

I I EQUAL HOUSING

OPPORTUNITY lf you believe you have been harassed or discriminated against because of your race, colol national origin, religion, gender, familialstatus, disability, maritalstatus, source of income, sexual orientation including gender identity, domestic violence, type of occupation, or age over 18 seek legal guidance regarding your rights under Fair Housing law

For translation or interpretation, please call 503-823-1303 TTY at 503-823-6858 or Oregon Relay Service at 711

503-823-1303: Traduccidn e interpretaci6n I ctruydn Ng0 ho{c Phi0n Dlch I fri#d{â&#x201A;Źtr l-lucuanennrthunnycrnufi nepegoA I I Traducere sau lnterpretare

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fiil*t'l*lEfrR

I ngcur$osnfi a6o y*rnfi nepegflaA I Turjumida ama Fasiraadda &rliJli 1*;*lraa+JJl I nluccUt't"st S D"uecfiulc,

This requirement is in addition to any other rights and responsibilities set forth in the Oregon Residential Landlord and Tenant Act under Oregon Revised Statute Chapter 9Q and Portland Landlord-Tenant Law under Portland City Code Title 30.

The information in this form is for educational purposes only. You should review appropriate state statute, city code, and admihistrative rule as necessary. lf you need legal guidance, or are

considering taking legal action, you should contact an attorney'

Portland Houring Bureau Rental Services Of|ice portlandoregon.gov/Phb/rso Rental Hislory Form

Fom 30.U.a87.F (Velidthrougll Ma.ch 2o2l) Page 3 of3

rentalservices@portlandoregon'gov s03-823- I 303