Oregon Eviction Moratorium Updates

On July 1, 2022, some of the temporary protections afforded to renters will end. This guidance provides an overview of the changes to the law and how housing providers should adjust their practices accordingly.

Changes effective July 1, 2022

Starting July 1, 2022, protection from eviction for nonpayment due to submission of documentation of an application for rental assistance will only apply to renters who have already provided the housing provider with proof of a pending application for rental assistance (“Documentation”) prior to July 1, 2022. For renters who provided Documentation before July 1, 2022, the housing provider still may not:

1. Deliver a termination notice for nonpayment; or
2. Initiate or continue an action for possession based on a termination notice for nonpayment

These protections will remain in effect until October 1, 2022, payment in full of the amounts demanded in any notice already served, or verification that the application is no longer pending due to denial or inaction, whichever is earliest. Note: “Nonpayment” does not include payments owed by a renter for damages to the premises.

Also: The protections are based upon when the Documentation was given to the housing provider, not when the application was submitted. For example, a renter who applied for rental assistance on June 27, 2022, is not protected if they gave documentation of the application on July 1, 2022 or anytime thereafter.

Other temporary protections still in effect until at least September 30, 2022

Until October 1, 2022, housing providers must still:

1. Provide 10 days’ notice (not 72 hours’ notice) on all non-payment of rent notices to renters; and
2. Provide specific disclosures in non-payment of rent notices to renters related to rental assistance and eviction protection.

Indefinite Changes

Housing providers are subject to federal regulations related to the pandemic that do not have a sunset date. Although the measures appeared to be enacted on a temporary basis, no information as to the end date of those protections has been provided. Those protections are:

1. The CARES Act. Renters in affordable properties or subject to federal backed mortgages must be provided 30 days’ notice for nonpayment terminations.
2. HUD Interim Final Rule for Nonpayment of Rent. Please see attached prior memorandum on this Rule.
3. State law prohibits housing providers from considering in the application process, or disclosing in rental references, any eviction judgments or unpaid rent (including rent reflected in judgment or referrals of debt to a collection agency) that accrued on or after April 1, 2020 through March 1, 2022. Housing providers are also prohibited from reporting to any consumer credit reporting agency a tenant’s nonpayment of rent, charges, or fees that accrued on or after April 1, 2020, and before July 1, 2021.

This article is not intended as legal advice. Please obtain advice of an attorney for any policy changes or decisions regarding residential and commercial Landlord-Tenant matters.