Oregon Rental Owner Lawsuit Against State of Oregon, Multnomah County, City of Portland

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CIVIL COVER SHEET

JS 44 (Rev. 10/20)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

MOE FARHOUD, STARK FIRS LIMITED PARTNERSHIP, ALDER VILLAGE, INC., et al. (b) County of Residence of First Listed Plaintiff Multnomah

GOVERNOR KATE BROWN, in her official capacity; STATE OF OREGON; CITY OF PORTLAND, et al.

County of Residence of First Listed Defendant Marion

(EXCEPT IN U.S. PLAINTIFF CASES)

(c)

NOTE:

Attorneys (If Known)

Attorneys (Firm Name, Address, and Telephone Number) John A. DiLorenzo, OSB #802040 DAVIS WRIGHT TREMAINE LLP 1300 SW 5th Avenue, Suite 2300, Portland, OR 97201

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1

U.S. Government Plaintiff

3

Federal Question (U.S. Government Not a Party)

✖ 2

U.S. Government Defendant

4

Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State 1

IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT

TORTS

110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education

V. ORIGIN (Place an “X” in One Box Only) ✖

1 Original Proceeding

2 Removed from State Court

PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

Remanded from Appellate Court

and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State

Citizen of Another State

2

2

Incorporated and Principal Place of Business In Another State

5

5

Citizen or Subject of a Foreign Country

3

3

Foreign Nation

6

6

FORFEITURE/PENALTY

PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

DEF 1

625 Drug Related Seizure of Property 21 USC 881 690 Other

LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

4 Reinstated or Reopened

Click here for: Nature of Suit Code Descriptions.

BANKRUPTCY

OTHER STATUTES

422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

375 False Claims Act 376 Qui Tam (31 USC 3729(a)) 400 State Reapportionment 410 Antitrust PROPERTY RIGHTS 820 Copyrights 430 Banks and Banking 830 Patent 450 Commerce 835 Patent - Abbreviated 460 Deportation New Drug Application 470 Racketeer Influenced and 840 Trademark Corrupt Organizations 880 Defend Trade Secrets 480 Consumer Credit Act of 2016 (15 USC 1681 or 1692) 485 Telephone Consumer Protection Act SOCIAL SECURITY 861 HIA (1395ff) 490 Cable/Sat TV 862 Black Lung (923) 850 Securities/Commodities/ 863 DIWC/DIWW (405(g)) Exchange 864 SSID Title XVI 890 Other Statutory Actions 865 RSI (405(g)) 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff Act or Defendant) 896 Arbitration 871 IRS—Third Party 899 Administrative Procedure 26 USC 7609 Act/Review or Appeal of Agency Decision ✖ 950 Constitutionality of State Statutes

6 Multidistrict Litigation Transfer Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

3

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

5 Transferred from Another District (specify)

8 Multidistrict Litigation Direct File

42 U.S.C. Section 1983

Brief description of cause: Action to invalidate state, county and city eviction moratorium orders or require just compensation.

VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions):

CHECK YES only if demanded in complaint:

DEMAND $

JURY DEMAND:

JUDGE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

12/21/2020

s/ John A. DiLorenzo, Jr.

FOR OFFICE USE ONLY RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Yes

No

JS 44 Reverse (Rev. 10/20)

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.

V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.

Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

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JOHN DILORENZO, JR., OSB #802040 johndilorenzo@dwt.com AARON K. STUCKEY, OSB #954322 aaronstuckey@dwt.com EVAN CHRISTOPHER, OSB #183214 evanchristopher@dwt.com DAVIS WRIGHT TREMAINE LLP 1300 SW Fifth Avenue, Suite 2400 Portland, Oregon 97201 Telephone: (503) 241-2300 Facsimile: (503) 778-5299 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION MOE FARHOUD, STARK FIRS LIMITED PARTNERSHIP, ALDER VILLAGE, INC., STAR KREST, INC., ASH STREET COURTYARD LLC, TYLER SHERMAN, and CRYSTAL SHERMAN,

Case No. COMPLAINT

PLAINTIFFS, v.

GOVERNOR KATE BROWN, in her official capacity; STATE OF OREGON; CITY OF PORTLAND, an Oregon municipal corporation; and MULTNOMAH COUNTY OF OREGON, and Oregon municipal corporation, DEFENDANTS. Plaintiffs Moe Farhoud; Stark Firs Limited Partnership; Alder Village, Inc.; Star Krest, Inc.; Ash Street Courtyard LLC; Tyler Sherman; and Crystal Sherman, by and through their undersigned attorneys, hereby allege as follows.

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DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax

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INTRODUCTION 1.

This civil rights action challenges several provisions of law, including state statutes, executive orders, and municipal ordinances that, taken together, significantly impair Plaintiffs’ rental contracts and amount to per se takings and unreasonable seizures of Plaintiffs’ property for a public purpose without just compensation.

2.

The provisions in question include 2020 House Bill 4213 (“HB 4213”); 2020 House Bill 4401 (“HB 4401”); Executive Orders 20-13 and 20-56; Multnomah County Ordinance Nos. 1282, 1284, and 1287; Multnomah County Resolution No. 2020-110; and City of Portland Ordinance Nos. 189890 and 190156 (collectively, the “Eviction Moratoria”). The Eviction Moratoria have the effect of: a.

Preventing Plaintiffs from terminating any tenancy for non-payment of rent, late charges, utility charges, and certain other service charges or fees, otherwise owing under their rental agreements with tenants;

b.

Preventing Plaintiffs from exercising their contractual rights to exclude individuals from their properties and take possession of Plaintiffs’ units pursuant to Plaintiffs’ rental agreements;

c.

Preventing Plaintiffs from charging late fees, penalties, or any other amount reflecting the time value of rent that was not paid in a timely fashion;

d.

Preventing Plaintiffs from pursuing judgments for past-due rent absent any effect on tenants’ possession;

e.

Preventing Plaintiffs, once tenants do eventually begin to pay rent, from applying those rent payments to the unpaid rental balance;

f.

Preventing Plaintiffs from collecting unpaid rent until six months after the end of the declared emergency, whenever that time may be;

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DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax

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Preventing Plaintiffs from availing themselves of debt collection services by preventing Plaintiffs from reporting past due accounts to collection agencies.

h.

In many cases, preventing Plaintiffs from ever receiving amounts due under their rental agreements.

3.

The Eviction Moratoria are unconstitutional in several respects. First, the Eviction Moratoria impair the obligations of Plaintiffs’ rental agreements by removing the most important methods of enforcement of which Plaintiffs may avail themselves under their rental agreements: penalties for late payments and termination of the tenancy. Absent those enforcement terms, Plaintiffs have no effective means of ensuring that their rental properties continue to generate revenue rather than to merely incur costs. The Eviction Moratoria even eliminate Plaintiffs’ rights to seek money judgments piecemeal, month-to-month as sums become due. Plaintiffs are forever deprived of the late fees and penalties for nonpayment that represent the time value of the unpaid money; they can never sue to recover those sums. Plaintiffs are also forbidden from reporting past-due amounts to credit agencies, so they are unable to avail themselves of existing collections procedures for any money judgment they do obtain. Moreover, even with regard to the rent and other expenses Plaintiffs could, eventually, sue to recover, the practical reality is that the tenants who cannot afford to pay one month’s rent now will be highly unlikely to afford the total past-due rent that will continue to accumulate each month until the State declares the “end” of the statewide emergency. Plaintiffs’ “right” to unpaid rent is little more than an illusion. As a result, Plaintiffs are being legally compelled to provide, for some indeterminate amount of time that has already stretched beyond 18 months, housing, utilities, and other services associated with habitability for large numbers of this state’s population—and Plaintiffs will likely bear the cost of this state-run public benefit program entirely on their own. Thus, the Eviction Moratoria are unconstitutional in a second respect because they constitute a taking of Plaintiffs’ property for a public purpose without just compensation by eliminating Plaintiffs’ rights to occupy, use, transfer, or exclude others from their properties. Finally, because the above interference with Page 3 – COMPLAINT 4851-2635-5922v.13 0050033-004947

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Plaintiffs’ properties constitutes a use of Plaintiffs’ properties for Defendants’ own purposes and Defendants’ exercise of dominion and control over Plaintiffs’ properties, the Eviction Moratoria violate the Fourth Amendment’s prohibition on unreasonable seizures.

JURISDICTION AND VENUE 4.

This Court has jurisdiction over this case pursuant to 28 U.S.C. § 1331 because this case arises under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution and because Plaintiffs seek redress of their civil rights under 28 U.S.C. § 1343. This Court is empowered by 28 U.S.C. §§ 2201 and 2202 to grant declaratory as well as other forms of relief, including permanent injunctive relief, necessary to remedy the alleged constitutional violations.

5.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because the claims arose in this judicial district and Defendants are the State of Oregon, the Governor of Oregon, and two municipal corporations located in this judicial district. Assignment to the Portland Division is proper because Defendants are located in Multnomah, Washington, and Clackamas Counties.

PARTIES 6.

Plaintiffs are housing providers who own dwelling units in Portland, Multnomah County, and throughout Oregon that are currently occupied by tenants subject to the Eviction Moratoria.

7.

Plaintiff Moe Farhoud is the owner of Stark Firs Property Management. The company gives people an opportunity to rent a quality dwelling unit at an affordable price. Mr. Farhoud came to the United States as a child refugee escaping war in his native Lebanon. Mr. Farhoud had a dream to provide those who encountered challenges in life with a second chance at success. Mr. Farhoud therefore seeks to rent many units at his properties to tenants who have had prior criminal records, bankruptcies, credit problems, and who have otherwise encountered circumstances which would limit their ability to rent dwelling units.

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8.

Mr. Farhoud bought his first building in 1988 has continued to buy other buildings. He currently owns approximately 1200 apartment units throughout Portland, Multnomah County, and the State of Oregon. He owns controlling interests in 44 distinct legal entities which own his apartment buildings. Many of Mr. Farhoud’s tenants have refused to pay rent since March of 2020. The Eviction Moratoria have made it impossible for him to collect rent or replace tenants who cannot pay rent with those who can. As of the date of filing, Mr. Farhoud’s tenants owe his entities over $1 million dollars in back rent.

9.

Plaintiff Stark Firs Limited Partnership is Mr. Farhoud’s business that owns the Alder Royal Apartments located in the City of Portland and Multnomah County. Many tenants of Alder Royal Apartments have refused to pay rent since March of 2020. The Eviction Moratoria have made it impossible for Stark Firs Limited Partnership to collect rent from or replace tenants who cannot pay rent with those who can. To date, its tenants owe Stark Firs Limited Partnership over $85,000.00 in back rent.

10.

Plaintiff Alder Village, Inc. is Mr. Farhoud’s business that owns the Alder Village Apartments located in the City of Portland and Multnomah County. Many tenants of Alder Village Apartments have refused to pay rent since March of 2020. The Eviction Moratoria have made it impossible for Alder Village, Inc. to collect rent from or replace tenants who cannot pay rent with those who can. To date, its tenants owe Alder Village, Inc. over $80,000.00 in back rent.

11.

Plaintiff Star Krest, Inc. is Mr. Farhoud’s business that owns the Star Krest Apartments located in the City of Portland and Multnomah County. Many tenants of Star Krest Apartments have refused to pay rent since March of 2020. The Eviction Moratoria have made it impossible

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for Star Krest, Inc. to collect rent from or replace tenants who cannot pay rent with those who can. To date, its tenants owe Star Krest, Inc. over $29,000.00 in back rent.

12.

Plaintiff Ash Street Courtyard LLC is Mr. Farhoud’s business that owns the Ash Street Courtyard Apartments located in the City of Portland and Multnomah County. Many tenants of Ash Street Courtyard Apartments have refused to pay rent since March of 2020. The Eviction Moratoria have made it impossible for Ash Street Courtyard LLC to collect rent from or replace tenants who cannot pay rent with those who can. To date, its tenants owe Ash Street Courtyard LLC over $52,000.00 in back rent.

13.

Plaintiffs Tyler and Crystal Sherman own 22 housing units throughout Oregon. Mr. Sherman was 20 years old and working as a maintenance man for a property management company when he decided that he wanted to build his own rental business. He purchased his first duplex as a home and an investment. He went on to buy multiple other properties before meeting Crystal a few years later. The Shermans often purchased properties that were vacant and in need of major repairs. They have worked evenings, weekends, holidays, and late nights on roofing, cleaning, painting, gutting, and remodeling poorly maintained properties into clean, safe, affordable homes.

14.

Several of the Shermans’ tenants have refused to pay rent since March of 2020. On information and belief, none of these tenants have lost employment due to the COVID-19 crisis.

The Eviction Moratoria have made it impossible for the Shermans to collect rent from or replace their tenants who refuse to pay rent with those who can. To date, these tenants owe them in excess of $8,000.00 in back rent.

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15.

Defendant Governor Kate Brown is sued in her official capacity as Governor of the State of Oregon and is subject to the personal jurisdiction of this Court pursuant to Fed. R. Civ. P. 4(k)(1)(A). At all pertinent times, Governor Brown was acting under color of law.

16.

Defendant State of Oregon (the “State”) is subject to the personal jurisdiction of this Court pursuant to Fed. R. Civ. P. 4(k)(1)(A). At all times, the State was acting under color of law.

17.

Defendant Multnomah County (the “County”) is an Oregon municipal corporation subject to the limits on home rule authority contained in the Oregon Constitution. The County is subject to the personal jurisdiction of this Court under Fed. R. Civ. P. 4(k)(1)(A). At all times, the County was acting under color of law.

18.

Defendant City of Portland (the “City”) is an Oregon municipal corporation subject to the limits on home rule authority contained in the Oregon Constitution. The City is subject to the personal jurisdiction of this Court under Fed. R. Civ. P. 4(k)(1)(A). At all times, the City was acting under color of law.

FACTS 19.

The COVID-19 pandemic was unprecedented, and the mystery of what would happen next often led to delays in the government’s understanding of who would need what relief. The disease remains an unknown quantity in many respects. However, the volume of information to which governments now have access is prodigious, and it has led to changes in how governments regulate and support their citizens and their citizens’ businesses. For example, pervasive concern about the status of state budgets turned out to be misplaced. See Dirk Vanderhart, Oregon’s latest budget projections reveal ‘shocking’ improvement from last forecasts, OREGON PUBLIC Page 7 – COMPLAINT 4851-2635-5922v.13 0050033-004947

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BROADCASTING (Sept. 12, 2020 11:00 a.m.), https://www.opb.org/article/2020/09/23/oregonslatest-budget-projections-reveal-shocking-improvement-from-past-forecasts/. The Governor, with state coffers in a better position than she expected, announced targeted relief to certain sectors of the economy found to be in dire need as a consequence of her orders. See Mike Rogoway, Oregon Gov. Kate Brown pledges $55 million in state aid for businesses hurt by COVID-19, THE OREGONIAN/OREGONLIVE (Nov. 17, 2020), https://www.oregonlive.com/business/2020/11/oregon-gov-kate-brown-pledges-55-million-instate-aid-for-businesses-hurt-by-covid-19.html. The City, too, waited to announce relief to targeted individuals and firms it found especially in need. Rebecca Ellis, Portland approves distribution of $114 million in CARES Act funds, OREGON PUBLIC BROADCASTING (July 23, 2020 6:45 a.m.), https://www.opb.org/news/article/portland-oregon-city-council-approves-cares-actfunds-distribution/.

20.

At the time of filing, Oregonians have been living with COVID-19 for over nine months.

Defendants know much more about the virus than they did when it first arrived, and they have adapted their responses to the virus as their knowledge has grown. Yet Defendants’ approaches to Plaintiffs and other landlords remain essentially the same. Whereas some favored groups have been graced by Defendants’ largesse, Plaintiffs’ losses remain unaddressed. As a result, Plaintiffs struggle under the combined weight of both the government-induced economic shutdown and the public burden they have been ordered to privately shoulder as compelled providers of public housing and housing services.

21.

The first eviction moratorium imposed in Oregon was enacted by the County on March 19, 2020 as Ordinance No. 1282. A true and correct copy of Ordinance No. 1282 is attached as Exhibit 1 to this Complaint and is incorporated herein by reference. Among other provisions, that ordinance

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Prevented landlords from proceeding with any eviction based on nonpayment of rent or other expenses;

b.

Prevented landlords from charging late fees or penalties from unpaid rent or other expenses; and

c.

Prevented landlords from pursuing payment of back rent or other expenses until six months after the County declared an end to the COVID-19 emergency.

22.

The City acted in accordance with the County, enacting its own moratorium that included all of the features of the County’s moratorium and applied to parts of Portland not contained within Multnomah County. A true and correct copy of City of Portland Ordinance No. 189890 is attached as Exhibit 2 to this Complaint and is incorporated herein by reference.

23.

Governor Brown issued the first statewide eviction moratorium, Executive Order 20-11, on March 22, 2020; that order prohibited law enforcement from serving, delivering, or acting on any notice or judgment of eviction arising from nonpayment of rent. Just over a week later, on April 1, 2020, Governor Brown signed Executive Order 20-13, enlarging and extending the terms of EO 20-11 to commercial leases as well as residential rental agreements. True and correct copies of both EOs 20-11 and 20-13 are attached to this Complaint as Exhibits 3 and 4, respectively, and are incorporated herein by reference. On April 16, 2020, the County deferred to the state eviction moratorium and suspended enforcement of its own enactment. A true and correct copy of Multnomah County Ordinance No. 1284 is attached as Exhibit 5 to this Complaint and is incorporated herein by reference.

24.

On June 26, 2020, during the 1st Special Legislative Session, the Oregon Legislative Assembly enacted, and Governor Brown signed, 2020 House Bill 4213 (“HB 4213”), much of which remains in effect today. HB 4213 streamlined eviction moratorium efforts statewide, adopting the models piloted in the County and the City that prohibited evictions based on Page 9 – COMPLAINT 4851-2635-5922v.13 0050033-004947

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nonpayment of rent, utilities and other charges due under a rental agreement and allowed repayment following a six-month “grace period” beginning at the state-declared “end” of the COVID-19 emergency. The legislation also prohibits landlords from charging interest or late fees and prohibits landlords from referring back-rent obligations to collection companies for collecting tenant’s past-due amounts. A true and correct copy of HB 4213 is attached as Exhibit 6 to this Complaint and is incorporated herein by reference.

25.

On September 24, 2020, the County adopted portions of HB 4213 to bring the County’s eviction moratorium in line with state law. A true and correct copy of Multnomah County Ordinance No. 1287 is included as Exhibit 7 to this Complaint and is incorporated herein by reference. The County also extended the eviction moratorium emergency period through January 8, 2021.

26.

On September 28, 2020, Governor Brown issued EO 20-56, effectively extending application of HB 4213 through December 31, 2020. A true and correct copy of EO 20-56 is included as Exhibit 8 to this Complaint and is incorporated herein by reference.

27.

On September 30, 2020, the City enacted Ordinance No. 190156 applying Multnomah County Ordinance No. 1287 to all portions of the City of Portland “wherever located within the tri-county area[.]” A true and correct copy of City of Portland Ordinance No. 190156 is included as Exhibit 9 to this Complaint and is incorporated herein by reference.

28.

On December 17, 2020, the County adopted Resolution No. 2020-110, which extended the duration of the countywide emergency declaration and the countywide eviction moratorium to July 2, 2021 and delayed the repayment date of back rent accrued during the moratorium to January 2, 2022. A true and correct copy of Multnomah County Resolution No. 2020-110 is included as Exhibit 10 to this Complaint and is incorporated herein by reference. Resolution No. Page 10 – COMPLAINT 4851-2635-5922v.13 0050033-004947

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2020-110 provides that the countywide eviction moratorium is only in place and effective until the state, federal, or local governments provide “equal or greater protections” to tenants.

29.

On December 21, 2020, the Legislative Assembly adopted HB 4401, which had several effects on the existing Eviction Moratoria. A true and correct copy of HB 4401 is included as Exhibit 11 to this Complaint and is incorporated herein by reference. The Governor is expected to sign the bill within the next few days. HB 4401 extends the statewide eviction moratorium in nearly all circumstances to June 30, 2021; correspondingly, the “grace period” during which repayment of back rent is not required was also extended six months further, to December 30, 2021. As a result of this one effect of HB 4401, Plaintiffs will have been deprived of rental income from many of their tenants for over 18 months. Perhaps most significant, HB 4401 expressly forbids landlords from filing claims to secure repayment of back rent notwithstanding that such claims have no effect on the tenants’ possession. Thus, HB 4401 makes explicit what Plaintiffs have feared since April of 2020: that they are now required to continue to provide housing for individuals, including paying the associated costs of providing that housing, without receiving any compensation from tenants for well over a year.

30.

HB 4401 also attempts to provide some relief and compensation to select landlords, all of which is wholly inadequate. The “landlord assistance” provisions require every landlord that participates in the program to forego fully one-fifth of the back rent owed to them. Moreover, the “landlord assistance” is only funded for a fraction of the outstanding rent owed by tenants across the state: HB 4401 dedicates $200 million to “landlord assistance,” but the full amount of back rent owed is estimated at between $800 and $900 million. As a result, most housing providers cannot receive assistance, and HB 4401 acknowledges this by allowing the Oregon Housing and Community Services Department (“OHCS”) to restrict payments to housing providers on a per-tenant, per-landlord, or per-time-period basis; on the basis of a minimum threshold of affected tenants; or on the basis of a minimum threshold of unpaid rent. HB 4401 Page 11 – COMPLAINT 4851-2635-5922v.13 0050033-004947

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also requires OHCS to prioritize “landlord assistance” to smaller landlords with fewer units, which likely would not include Plaintiffs.

31.

HB 4401 does not alleviate the Eviction Moratoria of their constitutional infirmities. In many cases, HB 4401 makes the Eviction Moratoria worse for Plaintiffs. Plaintiffs will now go unpaid through December 30, 2021; cannot seek piecemeal judgments from their tenants for unpaid amounts; and will be required to forego—at a minimum—twenty percent of the funds owed to them, if they receive anything at all.

32.

What began as temporary measures—the costs of which were to be borne by landlords alone—have now been in place for most of a year and will remain in place through all of 2021.

Despite the time to prepare, the time to attend three special legislative sessions, the continued deliberation of the state Emergency Board, the evolution of remote work, the significant volume of new data about the virus, and the increased awareness of Oregonians’ financial precarity, the Eviction Moratoria are still relying on the same approaches as were imposed in early spring. No better balance has been struck, and the cost of the governments’ failure to act has continued to fall on Plaintiffs’ shoulders, all of whom have been left to their own devices. On the other hand, Defendants have continued to subsidize other, more favored, segments of society that have also been impacted by Defendants’ responses to the pandemic.

FIRST CLAIM FOR RELIEF Violation of the Contracts Clause, Art. I, section 10 of the United States Constitution as incorporated and made applicable to states by the Fourteenth Amendment 33.

Plaintiffs re-allege and incorporate by reference the allegations contained in paragraphs 1 through 32, above.

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34.

Plaintiffs’ rental relationships with their tenants are controlled by contracts, including rental agreements (the “Contracts”), all of which are enforceable contracts within the meaning of Article I, section 10.

35.

The Contracts obligate Plaintiffs’ tenants to pay rent, utilities, and other related expenses in exchange for the right to occupy portions of Plaintiffs’ premises. The Contracts also provide for various means of enforcing that payment obligation, including the imposition of late fees and penalties and right to terminate the tenancy and recover possession of the premises.

36.

The Eviction Moratoria substantially impair Plaintiffs’ Contracts with their tenants by (a) allowing tenants to remain in possession of the premises notwithstanding their nonpayment of rent, utilities, and other charges; (b) prohibiting Plaintiffs from recovering amounts, such as late fees and other penalties, meant to compensate Plaintiffs for the time value of their money resulting from tenants’ failure to pay rent, utilities, and other charges when due; (c) prohibiting Plaintiffs from enforcing tenants’ payment obligations by seeking money judgments for debts owed; and (d) prohibiting Plaintiffs from taking any other actions to recover possession of their premises so as to protect themselves from the increased costs and decreased revenue this circumstance creates.

37.

The above violations of the United States Constitution give rise to both declaratory and injunctive remedies under the Federal Civil Rights Act, 42 U.S.C. § 1983.

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38.

Plaintiffs are entitled to a declaration from this Court that the Eviction Moratoria violate Article I, section 10, of the United States Constitution.

39.

Plaintiffs are entitled to an injunction directed to Defendants prohibiting any enforcement or implementation of the Eviction Moratoria.

40.

Plaintiffs are entitled to recover their reasonable costs and attorney fees incurred in bringing this action pursuant to 42 U.S.C. § 1988.

SECOND CLAIM FOR RELIEF Violation of the Fifth and Fourteenth Amendments to the United States Constitution 41.

Plaintiffs re-allege and incorporate by reference the allegations contained in paragraphs 1 through 40, above.

42.

By requiring Plaintiffs to surrender possession of their premises to tenants—who are in arrears and no longer entitled to possess the premises—for nearly one year without any form of payment from either their tenants or from Defendants, and by expressly preventing Plaintiffs from collecting amounts owed to them during that time or ensuring those amounts can actually be collected following the “end” of the COVID-19 emergency, the Eviction Moratoria exceed the bounds of the State’s police power and are instead an attempted exercise of eminent domain.

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43.

The Eviction Moratoria constitute a per se taking under applicable Supreme Court case law because the Eviction Moratoria represent a physical occupation of the Plaintiffs’ premises without just compensation and the inability to legally replace a nonpaying tenant with a paying tenant.

44.

The Eviction Moratoria also constitute a per se taking because they deprive Plaintiffs of their rights to exclude individuals—including tenants who have not paid their rent, utilities, or other charges—from Plaintiffs’ properties when those individuals no longer have any rights to possession.

45.

The Eviction Moratoria’s attempts to facilitate the future payment of past-due rent at a later time also amount to price controls that fail to provide for a reasonable rate of return to Plaintiffs. The emergency that led to enactment of the Eviction Moratoria does not outweigh their confiscatory effects resulting from their duration and the practical inability of Plaintiffs to withdraw from the residential housing business. Although the Eviction Moratoria are nominally “temporary,” they have been extended on at least seven occasions and are now extended through the end of next year, December 30, 2021. Additionally, Plaintiffs are practically incapable of withdrawing from the business of providing housing without suffering significant losses.

46.

Because the Eviction Moratoria impose significant burdens of extended duration on Plaintiffs and because Plaintiffs cannot exit the business subject to those burdens with incurring substantial losses, the Eviction Moratoria amount to price controls, which are confiscatory if they

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fail to provide a reasonable rate of return. The Eviction Moratoria fail to provide a reasonable rate of return because the unlikely recovery of past-due amounts at some unspecified future time is not a reasonable rate, taking into account Plaintiffs’ operating costs, capital expenses, service on their debt, and a sufficient regular return to assure confidence in the financial integrity of their enterprises and not discourage investment. Plaintiffs still have to pay their mortgages; pay debt service on past capital projects; maintain, repair, and otherwise keep up their properties under applicable housing codes; pay utilities—in many cases, on tenants’ behalf; pay property taxes to the very entities that are limiting Plaintiffs’ ability to pay anything; pay property management costs; and still project enough confidence in their businesses to attract investors, suppliers, and other business partners.

47.

The Eviction Moratoria are confiscatory price controls that fail to provide a reasonable rate of return and therefore violate the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the taking of property without just compensation.

48.

The above violations of the United States Constitution give rise to both declaratory and injunctive remedies under the Federal Civil Rights Act, 42 U.S.C. § 1983.

49.

Plaintiffs are entitled to a declaration from this Court that the Eviction Moratoria violate the Fifth and Fourteenth Amendments to the United States Constitution.

50.

Plaintiffs are entitled to an injunction directed to Defendants prohibiting any enforcement or implementation of the Eviction Moratoria.

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51.

Plaintiffs are entitled to recover their reasonable costs and attorney fees incurred in bringing this action pursuant to 42 U.S.C. § 1988.

THIRD CLAIM FOR RELIEF Violation of the Fourth and Fourteenth Amendments to the United States Constitution 52.

Plaintiffs re-allege and incorporate by reference the allegations contained in paragraphs 1 through 51, above.

53.

The Eviction Moratoria meaningfully interfere with Plaintiffs’ possessory interests in their rental properties because they prevent Plaintiffs from taking several actions with respect to their own properties, including occupying their properties, selling their properties without taking substantial losses, or excluding individuals from their properties. The Eviction Moratoria also profoundly change the character of Plaintiffs’ properties from income-generating properties to government-mandated but unsubsidized properties incapable of generating sufficient revenue.

54.

Plaintiffs had an expectation of privacy concerning who can occupy their units because their rental agreements with their tenants, as well as the identities of those tenants, are private.

Plaintiffs’ properties are not exposed to the public; the properties are not open to the public and may only be inspected by government authorities to ensure compliance with safety codes. That Plaintiffs do not presently occupy their properties does not change Plaintiffs’ reasonable expectation that their private properties would remain private and that whoever in fact does occupy those properties should be determined by the owners of those properties—Plaintiffs.

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55.

Defendants’ ongoing seizure of Plaintiffs’ properties for Defendants’ own purposes is unreasonable because Defendants’ seizure is unnecessarily intrusive, and no exigency required Plaintiffs’ properties to be so invaded.

56.

Plaintiffs are therefore entitled to a declaration from this Court that the Eviction Moratoria violate the Fourth and Fourteenth Amendments to the United States Constitution.

57.

Plaintiffs are entitled to an injunction directed to Defendants prohibiting any further enforcement or implementation of the Eviction Moratoria.

58.

Plaintiffs are entitled to recover their reasonable costs and attorney fees incurred in bringing this action pursuant to 42 U.S.C. § 1988.

REQUESTED RELIEF WHEREFORE, Plaintiffs pray for a judgment in their favor as follows: A.

Declaring the Eviction Moratoria to be invalid and unenforceable because they

violate the United States constitution; B.

Enjoining Governor Brown, the State, City, and County from taking any action to

implement, enforce, or extend, the Eviction Moratoria; C.

In the alternative, issuing an injunction requiring Defendants to design and

implement a plan to adequately compensate Plaintiffs and all others similarly situated for their rental losses, incurred as a result of the Eviction Moratoria;

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Awarding Plaintiffs their costs and reasonable attorneys’ fees incurred in bringing

this action pursuant to 42 U.S.C. § 1988; and E.

Granting Plaintiffs such other relief as this Court deems just and proper.

DATED this 21st day of December, 2020.

Respectfully submitted, DAVIS WRIGHT TREMAINE LLP By: s/ John DiLorenzo, Jr.____________________ John DiLorenzo, Jr. OSB #802040 Email: johndilorenzo@dwt.com Aaron K. Stuckey, OSB #954322 Email: aaronstuckey@dwt.com Evan Christopher, OSB #183214 Email: evanchristopher@dwt.com 1300 SW Fifth Avenue, Suite 2400 Portland, OR 97201 Telephone: (503) 241-2300 Facsimile: (503) 778-5299 Counsel for Plaintiffs

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO. 1282 Ordinance to address COVID-19 Eviction Moratorium and Declaring an Emergency. The Multnomah County Board of Commissioners Finds: A. On March 11, 2020, the Multnomah County Chair signed Executive Rule No. 388 declaring an emergency for the entire County to address the continued spread of the COVID-19 illness, loss of life, an extreme public health risk, and significant economic impact in the region. On March 17, 2020, an Addendum to Executive Rule No. 388 was issued providing additional measures to address the emergency conditions. This Ordinance ratifies Executive Order 388 and its Addendum. B. The spread of COVID-19 has caused widespread closures and cancellations in the region and across the country, and public health officials recommend isolation and social distancing. C. As the response to this public health emergency escalates, the County anticipates that many residents will experience direct economic impacts. The Federal government and State of Oregon have declared emergencies. To date, Oregon Governor Kate Brown announced the closure of all Oregon K-12 schools through the end of April, along with widespread restrictions for businesses throughout the hospitality, entertainment, and retail industries. These restrictions will result in lost wages for employees. D. The County is taking measures to avoid the creation of an additional economic and public health emergency that would result from subjecting more households to homelessness as a result of the economic impacts of COVID-19. Additionally, to encourage County residents to comply with closures and prevent further spread of COVID-19, the County must protect residents from the fear of potential eviction due to economic dislocation. The ability to maintain housing during this pandemic is a public health imperative.

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Multnomah County Ordains as Follows: Section 1. Title

This Ordinance shall be known as the Multnomah County "COVID-19 Eviction Moratorium." Section 2. Purpose

The purpose of the COVID-19 Eviction Moratorium is to promote housing stability during the COVID-19 pandemic and to avoid a preventable increase in homelessness due to the economic effects of COVID-19. Section 3. Definitions

For the purposes of this Ordinance, the following definitions shall apply, unless the context requires a different meaning: A. "Affected Tenant" means a Tenant or a Tenant's Family member, who has, as a result of the COVID-19 pandemic, suffered a substantial loss in income due to: (1) job loss; (2) reduction in hours worked; (3) business closure; (4) school or daycare closure causing missed work to care for a minor child; (5) missed work to care for illness of self or a family member; or (6) other similar causes of lost income due to the COVID-19 pandemic. B. "Dwelling Unit" is defined by ORS 90.100(12).

C. "Evict" means to terminate a rental agreement or file an action to take possession of the Dwelling Unit as provided in ORS 105.105 to 105.168. D. "Family member" is defined by ORS 657B.010.

E. "Household" means one or more Tenant(s) who occupy any individual Dwelling Unit, including each dependent of any Tenant whose primary residence is the Dwelling Unit. F. G. H. I. "Landlord" is defined by ORS 90.100(23). "Rent" is defined by ORS 90.100(37). "Rental Agreement" is defined by ORS 90.100(38). "Tenant" is defined by ORS 90.100(47).

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J. "Termination Notice" means a written notice indicating the Landlord's intention to terminate the rental agreement and take possession of the Dwelling Unit, delivered by a Landlord to a Tenant in accordance with ORS 90.392 or ORS 90.394, and any other applicable state, federal, or local laws. K. "Utilities or service charges" includes any charges for services listed in ORS 90.315(1)(d). Section 4. Scope

This Ordinance applies to an Affected Tenant and Affected Tenant's Household in any Dwelling Unit in Multnomah County, unless the Dwelling Unit is located within an incorporated city that has adopted a more restrictive ordinance. This Ordinance does not apply to other arrangements or occupancies described in ORS 90.110 or 90.113 that are not subject to ORS Chapter 90. Section 5. A. Temporary Moratorium on Nonpayment Terminations Temporary Moratorium 1. Upon receipt of notice and documentation as described in Section 5.B.2 below, a Landlord may not Evict an Affected Tenant or member of the Affected Tenant's Household for nonpayment of Rent, or for the nonpayment of fees and utilities or service charges that the Tenant pays directly to the Landlord. Nothing in this Ordinance shall relieve tenants of liability for unpaid rent, fees, or utilities or service charges. During the period of moratorium on evictions imposed by the Ordinance, Rent, fees, and utilities or service charges owed to the Landlord will continue to accrue at the rate agreed to in the Rental Agreement. Following the expiration of the moratorium period, Affected Tenants shall have six months to pay all accrued, unpaid Rent, fees, and utilities or services charges owed to the Landlord. No late fee may be charged or collected for delayed payments under this provision due to an Affected Tenant's loss of income; nor may a landlord seek to recover Rent, fees, or utilities or service charges that are delayed for the reasons stated in this moratorium through the eviction process.

2.

3.

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4.

This moratorium applies only to Affected Tenants and Affected Tenants' Households impacted by the COVID-19 pandemic as provided herein, and this moratorium does not apply to evictions for any other lawful purpose.

B.

Affirmative Defense to Eviction 1. Each landlord that seeks to evict an Affected Tenant for nonpayment of Rent, fees, or utilities or service charges must comply with this Ordinance. Noncompliance with any applicable component of this Ordinance shall constitute an affirmative defense for an Affected Tenant or member of an Affected Tenant's Household against any action to Evict. To assert this defense, an Affected Tenant shall: a. Notify the Landlord on or before the day that a payment for Rent, fees, or utilities or service charges is due that the Affected Tenant is unable to make payment due to a substantial loss of income as a result of the COVID-19 pandemic; and Provide written documentation, or other objectively verifiable information, establishing that the Affected Tenant has suffered a substantial loss in income due to: i. ii. iii. iv. v. vi. 3. job loss; reduction in hours worked; business closure; school or daycare closure causing missed work to care for a minor child; or missed work to care for illness of self or a family member; or other similar causes of lost income due to the COVID-19 pandemic.

2.

b.

The following documents shall create a rebuttable presumption that the Affected Tenant has met the documentation requirement set forth above:

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a. b.

Letter from employer citing COVID-19 as a reason for reduced work hours or termination; Letters from clients or customers citing COVID-19 as a reason for reducing or cancelling purchase orders, requests for services-for-hire, or other profit generating contracts; Letter from a school or other government issued documentation declaring a school closure related to COVID-19; or Letter from a medical doctor recommending rest at home, self-quarantine, hospitalization, or similar measures for the Affected Tenant or a family member.

c.

d.

Section 6.

Penalties and Remedies

A. Any Landlord that fails to comply with this Ordinance may be subject to civil proceedings for displacement of Affected Tenant(s) and members of Affected Tenant(s) Household, initiated by the County, an Affected Tenant, or an evicted member of the Affected Tenant's Household for damages. B. A Landlord that fails to comply with any of the requirements set forth in this Ordinance shall be subject to appropriate injunctive relief, and shall be liable to the Tenant for an amount up to 3 times the monthly Rent as well as actual damages, reasonable attorney fees, and costs. C. Nothing herein shall be deemed to interfere with the right of a Landlord to file an action against a Tenant or non-Tenant third party for the damages done to said Landlord's property. Nothing herein is intended to limit the damages recovered.

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Section 7. This ordinance being necessary for the health, safety and general welfare of the people of Multnomah County, an emergency is declared and this ordinance will take effect immediately upon being signed pursuant to Section 5.50 of the Multnomah County Home Rule Charter. FIRST READING AND ADOPTION: March 19, 2020

FpR MUL

BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON

O

Deborah Kafoury, Chair

REVIEWED: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON

By Jenny M. Madkour County Attorney SUBMITTED BY: Deborah Kafoury, County Chair

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ORDINANCE No.

18 9 8 9 0

*Adopt emergency temporary moratorium on evictions due to nonpayment of rent for residential tenants where the failure to pay rent results from wage loss due to COVID-19 (Ordinance) The City of Portland ordains: Section 1. The Council finds: 1. In late December of 2019, several cases of unusual pneumonia began to emerge in the Hubei province of China. On January 7, 2020, a novel coronavirus now known as COVID-19 was identified as the likely source of the illness. On January 30, 2020, the World Health Organization (WHO) declared COVID-19 a Public Health Emergency of International Concern. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency, as the virus began to spread throughout the United States. On February 28, 2020, Oregon had its first confirmed case of COVID-19 and on March 8, 2020, as confirmed cases continued to rise, Oregon Governor Kate Brown declared a State of Emergency, Executive Order 20-03, to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19. On March 11, 2020, the WHO announced that COVID-19 is a global pandemic. On March 12, 2020, Mayor Ted Wheeler declared the City of Portland to be in a State of Emergency due to the continued spread of COVID-19. The proclamation came as the number of presumptive or confirmed COVID-19 cases in the state of Oregon reached 21. On March 12, 2020, Governor Brown issued Executive Order 20-05, "prohibiting large social, spiritual, and recreational gatherings of more than 250 people statewide, due to the COVID-19." The order is based on evidence that COVID-19 spreads person-to-person through coughing and sneezing, close personal contact such as touching or shaking hands, or touching an object or surface with the virus on it, and then touching your mouth, nose, or eyes. The symptoms are fever, cough, and difficulty breathing. Social distancing is consistent with mitigation strategies recommended by the Centers for Disease Control and Prevention (CDC) with regard to COVID-19, in order to slow the spread of the disease and PAGE 1

2.

3.

4. 5.

6.

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1 8 9 890 best practices, as currently known, to protect vulnerable members of the public from avoidable risk of serious illness or death resulting from exposure to COVID-19. 7. On March 12, 2020, Governor Brown announced the closure of all Oregon K-12 schools through the end of March. School closures cause children to have to remain at home, leading to many parents adjusting their work schedules to take time off work, whether paid or unpaid. For hourly wage earners, they are unlikely to be paid for time off. The inability to work due to school closures will economically strain those families who cannot afford to take time off from work to stay at home. Both large and smaller events across Portland are cancelling or being postponed due to the Governor's Executive order and recommendations at all levels of government to cancel large gatherings and practice social distancing amid concerns over spread of the virus. Since the COVID-19 outbreak, sports events planned within the City were cancelled, including the Blazers NBA games, Winterhawks WHL games, Timbers upcoming soccer games, and NCAA games and the City's annual half-marathon. Since the COVID-19 outbreak, most live theaters within the City have cancelled performances into April, many movie theaters, gyms, and spas have limited their capacities, restaurants and breweries have postponed events, retail outlets have closed their brick and mortar locations, and many restaurants have closed their dining rooms. These cancellations, postponements, and closures will cause loss in revenue for the events and local businesses. This is expected to lead to hourly cutbacks and potentially termination of employees' jobs. Workplaces are encouraging employees to stay home if they experience cold symptoms to protect other workers, vulnerable members of the population, and prevent the spread of the virus. For hourly wage earners, it is unlikely they will be paid for the time they take off. This Ordinance is a temporary moratorium intended to promote stability and fairness within the residential rental market in the City during the COVID-19 pandemic outbreak, and to prevent avoidable homelessness thereby serving the public peace, health, and public welfare and to enable tenants in the City, whose income and ability to work is affected due to COVID-19, to remain in their homes. Displacement through eviction destabilizes the living situation of tenants and impacts the health of Portland residents by uprooting children from school, and disrupting the social ties and networks that are integral to citizens' welfare and the stability of communities within the City.

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8.

9.

10.

11.

12.

13.

14.

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189890 15. During the COVID-19 pandemic outbreak, affected tenants who have lost income due to impact on the economy or their unemployment may be at risk of homelessness if they are evicted for non-payment as they will have little or no income and thus be unable to secure other housing if evicted. The City is already in a declared state of housing emergency and an acceleration of evictions throughout the City will increase the current housing crises. On March 17, 2020, Multnomah County issued an Addendum to Executive Rule No. 388 that imposed a moratorium on residential evictions as follows: 1. A temporary moratorium is imposed on all residential evictions in Multnomah County for tenants on the basis of nonpayment of rent due to wage loss resulting from COVID-19. a. To establish eligibility for this moratorium, affected tenants must: i. Demonstrate substantial loss of income, through documentation or other objectively verifiable means, resulting from the COVID19 pandemic, including County, state, and federal restrictions imposed to mitigate its spread; and ii. Notify their landlords on or before the day that rent is due that they are unable to pay rent due to substantial loss of income as a result of the COVID-19 pandemic. b. Nothing in this moratorium shall relieve tenants of liability for unpaid rent, which landlords may seek, and tenants must pay within six months after expiration of this emergency. No late fee may be charged or collected for rent that is delayed for the reasons stated in this moratorium; nor may a landlord seek rent that is delayed for the reasons stated in this moratorium through the eviction process. 18. 19. Multnomah County intends to further codify by ordinance its residential eviction moratorium in the very near future. On March 17, 2020, the Mayor issued Executive Order No.1 under the City's Declaration of Emergency to impose a moratorium on evictions in the City of Portland. To ensure alignment with Multnomah County and to provide a uniform set of rules for all residents of Multnomah County and the City of Portland, the Mayor's Executive Order provided: Section 6: County Moratorium to Supersede The City's emergency residential eviction moratorium shall apply PAGE 3

16.

17.

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1 8 9 890 unless Multnomah County also imposes a moratorium on residential evictions, in which case Multnomah County's moratorium shall supersede and shall apply in all areas of the City.

20.

In this emergency, it is imperative to provide all residents of Multnomah County, and all residents of the City of Portland throughout the tri-county area, uniform and consistent rules governing the moratorium on residential evictions. All tenants that can pay rent are still expected to fulfill their monthly rent payments in accordance with their lease agreement.

21.

NOW, THEREFORE, the Council directs: a. Consistent with the Mayor's Executive Order No. 1, Multnomah County's moratorium on residential evictions, as set forth above and as further codified by Multnomah County by ordinance, shall supersede and shall apply in all areas of the City of Portland. All residents of the City of Portland, wherever located in the tri-county area, shall be governed by the moratorium on residential evictions on the same terms as set forth in Multnomah County's Addendum to Executive Rule No. 388 issued on March 17, 2020, as set forth herein, and as further codified by Multnomah County by ordinance. In addition to any other remedy available by law, this ordinance shall be enforceable to fullest extent of the Portland City Code, including without limitation PCC 15.08.040 governing the enforcement of emergency orders.

b.

Section 2. The Council declares that an emergency exists because there is a current and immediate threat to the health, life, and safety of residents that will be unable to pay rent due to the impacts of COVID-19 on the community and a need for immediate action to prevent evictions and possible homelessness of affected residents, that warrants this urgent measure, which finding is based upon the facts stated in the recitals above. Therefore, this ordinance shall be immediately effective upon its passage by the Council, and shall continue in full force and effect for the duration of the Mayor's March 12, 2020, declared State of Emergency due to the spread of COVID-19 (COVID-19 Emergency Declaration), and any extensions thereof. Passed by the Council:

MAR 18 2020

Commissioner: Mayor Ted Wheeler Prepared by: Date Prepared: March 18, 2020

Mary Hull Caballero Auditor of the City of Portland By Deputy

PAGE 4

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Document 1-2 Agenda No.

Filed 12/21/20

Page 11 of 23

2 3 6, - I ORDINANCE NO. Title

18989 0

*Adopt emergency temporary moratorium on evictions due to nonpayment of rent for residential tenants where the failure to pay rent results from wage loss due to COVID-19 (Ordinance)

INTRODUCED BY Commissioner/Auditor:

CLERK USE: DATE FILED

3/18/20

Mayor Ted Wheeler COMMISSIONER APPROVAL ',AL's a fa ,=.%=',4;on , 3 1• 8

Mayor—Finance & Administration - Wheelervvast"gton °73= Position 1/Utilities - Fritz Position 2/Works - Vacant Position 3/Affairs - Hardesty Position 4/Safety - Eudaly BUREAU APPROVAL

Mary Hull Caballero Auditor of the City of Portland

By:

Karla MooreLove

D miogo itraellyLo sige ned by Karla Date: 2020.03.18 16:0525 -0700' '

Deputy ACTION TAKEN:

Bureau:Mayor's Bureau Head:

Office

Prepared by: Robert Taylor Date Prepared: 3/17/20 Impact Strent Completed Amends Budget

Portland Policy Document If "Yes" requires City Policy paragraph stated in doramint.

Yes' I No 1 City Auditor Office Approval: required for Code Ordinances

City Attorney Approval: required for contract, code, easement, franchise, comp plan, charter

Council Meeting Date

3/18/20 FOUR-FIFTHS AGENDA COMMISSIONERS VOTED AS FOLLOWS: YEAS 1. Fritz 2. Vacant 3. Hardesty 4. Eudaly 1. Fritz 2. Vacant 3. Hardesty 4. Eudaly Wheeler L.1 --L.---

AGENDA TIME CERTAIN Start time: Total amount of time needed: (for presentation, testimony and discussion)

NAYS

CONSENT REGULAR i Total amount of time needed:

20

Wheeler

(for presentation, testimony and discussion)

L

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-11 TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS FOR NONPAYMENT, IN RESPONSE TO CORONAVIRUS (COVID-19) OUTBREAK

On March 8, 2020, I declared an emergency under ORS 401.165 et seq. due to the public health threat posed by the novel infectious coronavirus (COVID-19). On March 11, 2020, the World Health Organization announced that COVID-19 is a global pandemic. On March 13, 2020, the President of the United States declared the COVID-19 outbreak a national emergency. The number of presumptive or confirmed COVID-19 cases continues to rise rapidly in Oregon. On March 8, 2020, at the time I declared an emergency, there were 14 presumptive or confirmed cases in Oregon. As of today, there are at least 137 cases and four deaths. The COVID-19 pandemic has already caused, and is anticipated to continue to cause, sustained global economic slowdown and a significant economic downturn in Oregon, causing a serious economic hardship for many Oregonians in the form of lost wages and the inability to pay basic household expenses, including rent and related costs. The inability of Oregonians to pay rent and related costs as a result of the COVID19 pandemic increases the likelihood of evictions from their homes, which in turn increases economic hardship and life, health and safety risks for all Oregonians. People being evicted from their homes creates an additional risk for the transmission of COVID-19, as they likely will be less able to practice the appropriate social distancing that is necessary to slow the spread of COVID-19 throughout the population. Under ORS 401.175(2), the Governor's emergency powers include assuming control of police and law enforcement activities, including the activities of all local police and peace officers. Under ORS 401.188(2), the Governor's emergency powers include prescribing and directing activities in connection with the use and conservation of housing.

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Officeof theGovernor State of Oregon EXECUTIVE ORDER NO. 20-11 PAGE TWO

At this time, a temporary moratorium throughout Oregon on law enforcement actions relating to residential evictions for nonpayment of rent and related costs will prevent economically vulnerable Oregonians from having to leave their homes to seek temporary or new shelter, and will make it significantly easier for them to continue to practice the effective social distancing that is vital to control the spread of this pandemic. It also will conserve housing resources and help reduce economic hardship and related life, health, and safety risks to Oregonians. If immediate action is not taken to suspend residential evictions for nonpayment of rent and related costs, there will be increased opportunities for the virus to spread among people displaced from their homes. In addition, Oregon runs the risk that available housing resources will not be efficiently used, and that the already serious economic and other effects of the the COVID-19 pandemic will be even worse for vulnerable Oregonians. NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED THAT: 1. Law enforcement officers in Oregon are prohibited from serving, delivering or acting on any notice, order or writ of termination of tenancy or the equivalent or any judicial action, pursuant to or arising under ORS 105.105 through ORS 105.168, that relates to residential evictions for nonpayment. As used in this Executive Order, the term "nonpayment" means any nonpayment as described in ORS 90.392(2)(a) or (c), ORS 90.394, or ORS 90.630(1)(d) or (10), or any termination without cause under ORS 90.427. All other terms used in this Executive Order shall have the same meanings as set forth in ORS chapters 90 or 105. Nothing in this Executive Order is intended to prohibit law enforcement officers from serving, delivering or acting on any notice, order or writ of termination of tenancy or the equivalent or any judicial action, pursuant to or arising under ORS 105.105 through ORS 105.168, that relates to residential evictions for causes other than nonpayment. Any person found to be in violation of this Executive Order is subject to the penalties described in ORS 401.990.

2.

3.

4.

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Officeof theGovernor State of Oregon EXECUTIVE ORDER NO. 20-11 PAGE THREE

This Executive Order is issued under the authority conferred to the Governor by ORS 401.165 to 401.236. Pursuant to ORS 401.192(1), the directives set forth in this Executive Order shall have the full force and effect of law, and any existing laws, ordinances, rules and orders shall be inoperative to the extent they are inconsistent with this exercise of the Governor's emergency powers. This Executive Order is effective immediately, and remains in effect for 90 days unless extended or terminated earlier by the Governor. Done at Salem, Oregon this 22nd day of March, 2020.

F Kate Brown GOVERNOR ATTEST: io.

1859 Bev Clarno SECRETARY OF STATE

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Office of theGovernor State of Oregon EXECUTIVE ORDER NO. 20-13 TEMPORARY MORATORIUM ON CERTAIN EVICTIONS AND TERMINATIONS OF RENTAL AGREEMENTS AND LEASES, IN RESPONSE TO CORONAVIRUS (COVID-19) OUTBREAK

On February 28, 2020, I appointed the State of Oregon's Coronavirus Response Team. On February 29, 2020, the Department of Human Services issued strict guidelines, restricting visitation at congregated care facilities, including nursing homes. On March 2, 2020, the State of Oregon Emergency Coordination Center was activated. On March 8, 2020, I declared an emergency under ORS 401.165 et seq. due to the public health threat posed by the novel infectious coronavirus (COVID-19). On March 12, 2020, I prohibited gatherings of 250 or more people, and announced a statewide closure of Oregon K-12 schools from March 16, 2020, through March 31, 2020. On March 13, 2020, the President of the United States declared the COVID-19 outbreak a national emergency. On March 17, 2020, I prohibited gatherings of 25 or more people, banned on-site consumption of food and drink at food establishments statewide, and extended school closures until April 28, 2020. I also encouraged all businesses not subject to the prohibitions to implement social distancing protocols. On March 18, 2020, I suspended in-person instructional activities at higher education institutions through April 28, 2020. On March 22, 2020, I imposed a temporary moratorium on residential evictions for nonpayment, prohibiting law enforcement from serving, delivering, or acting on any notice, order or writ of termination of tenancy, relating to residential evictions for nonpayment.

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Office of theGovernor State of Oregon EXECUTIVE ORDER NO. 20-13 PAGE TWO On March 23, 2020, I ordered Oregonians to "Stay Home, Save Lives," directing individuals to stay home to the greatest extent possible, ordering the closure of specified retail businesses, requiring social distancing measures for other public and private facilities, and imposing requirements for outdoor areas and licensed childcare facilities. COVID-19 may cause respiratory disease leading to serious illness or death. The World Health Organization considers COVID-19 to be a global pandemic. COVID-19 spreads person-to-person through coughing, sneezing, and close personal contact, including touching a surface with the virus on it and then touching your mouth, nose, or eyes. To reduce spread of COVID-19, the United States Centers for Disease Control and Prevention (CDC) has recommended community mitigation strategies to increase containment of the virus and to slow transmission of the virus, including cancellation of gatherings of people and social distancing in smaller gatherings. State and local public health officials advise that the virus is circulating in the community and expect the number of cases to increase. The CDC reports that COVID-19 is most contagious when the individual is most symptomatic but may also spread before symptoms appear. The number of COVID-19 cases continues to rise in Oregon. On March 8, 2020, at the time I declared an emergency, there were 14 presumptive or confirmed cases in Oregon. As of today, there are at least 736 cases and 19 deaths. In a short time, COVID-19 has spread rapidly. To slow the spread of COVID-19 in Oregon, to protect the health and lives of Oregonians, particularly those at highest risk, and to help avoid overwhelming local and regional healthcare capacity, I find that immediate implementation of additional measures is necessary. Executive Order 20-12 requires individuals to stay at home, to the greatest extent possible. That order, in turn, requires protections against residential tenant evictions, so tenants can remain at home during this emergency. Executive Order 20-11 prohibits law enforcement from enforcing residential tenant eviction notices and orders. Given the ongoing public health emergency, further action is necessary to prevent termination of residential leases and the initiation of eviction

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Office of theGovernor State of Oregon

EXECUTIVE ORDER NO. 20-13 PAGE THREE

proceedings during this emergency. These further actions will strengthen the existing protections for residential tenants, ensuring they can stay home to the greatest extent possible, consistent with my prior directives. The ongoing emergency also requires protections for tenants of non-residential property, so businesses that are permitted to operate can continue to provide necessary goods and services, and other businesses can continue to comply with necessary closures and restrictions mandated by my prior Executive Orders. Every business in Oregon has been impacted by COVID-19. Many businesses are struggling to assess how long they can maintain operations or remain closed—in compliance with essential public health directives and orders—without full income. Many are operating at less than full capacity, if at all, and have seen a significant loss of income due to necessary government restrictions imposed to mitigate the spread of COVID-19. Without further action, many businesses across the state may face termination of leases or eviction, which could interrupt the provision of necessary goods and services during this emergency, and impact the livelihood of Oregonians. For those reasons, a temporary moratorium on terminations of residential and nonresidential rental agreements and evictions on the basis of nonpayment is necessary during this emergency, to protect the public health, safety and welfare of all Oregonians. The moratorium set forth in this Executive Order is temporary, with a limited scope and duration. It addresses the immediate needs identified above, pursuant to my emergency powers, but does not otherwise undermine contractual bargains, interfere with parties' reasonable expectations, or prevent parties from safeguarding or reinstating their rights. The directives of this Executive Order are appropriate, necessary, and reasonable means by which to implement the significant and legitimate public purpose of responding to the declaration of a state of emergency I issued on March 8, 2020.

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Officeof theGovernor State ofOregon EXECUTIVE ORDER NO. 20-13 PAGE FOUR

NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED THAT: Pursuant to ORS 433.441(3), ORS 401.168(1), ORS 401.175(3), and ORS 401.188(2) to (3), I am ordering a moratorium on certain terminations of residential rental agreements and non-residential leases, as set forth below: 1. Residential Tenancies. a. During this moratorium, landlords of residential properties in Oregon shall not, for reason of nonpayment as defined in paragraph 1(b) of this Executive Order, terminate any tenant's rental agreement; take any action, judicial or otherwise, relating to residential evictions pursuant to or arising under ORS 105.105 through 105.168, including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere in any way with such tenant's right to possession of the tenant's dwelling unit. The term "nonpayment" as used in paragraph 1 of this Executive Order means any nonpayment of rent, late charges, utility charges, or any other service charge or fee, as described in ORS 90.392(2)(a) or (c), 90.394, or 90.630(1)(d) or (10), or any termination without cause under ORS 90.427. All other terms used in paragraph 1 of this Executive Order shall have the same meanings as set forth in ORS chapters 90 or 105. Nothing in paragraph 1 of this Executive Order relieves a residential tenant's obligation to pay rent, utility charges, or any other service charges or fees, except for late charges or other penalties arising from nonpayment which are specifically waived by and during this moratorium. Additionally, paragraph 1 of this Executive Order does not apply to the termination of residential rental agreements for causes other than nonpayment. This Executive Order reaffirms and is consistent with Executive Order 20-11, which prohibits law enforcement officers in Oregon from serving, delivering or acting on any notice, order or writ of termination of tenancy or the equivalent or any judicial action,

b.

c.

d.

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Office of theGovernor State of Oregon EXECUTIVE ORDER NO. 20-13 PAGE FIVE pursuant to or arising under ORS 105.105 through 105.168, that relates to residential evictions for nonpayment. 2. Non-Residential Tenancies. a. During this moratorium, landlords of non-residential properties in Oregon shall not, for reason of nonpayment as defined in paragraph 2(b) of this Executive Order, terminate any tenant's lease; take any action, judicial or otherwise, relating to non-residential evictions pursuant to or arising under ORS 105.105 through 105.168, including, without limitation, filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere with such tenant's right to possession of the leased premises. The term "nonpayment" as used in paragraph 2 of this Executive Order means nonpayment of rent, late charges, utility charges, or any other service charge or fee, as described in the lease or in ORS 91.090, 91.210 or 91.220. All other terms used in paragraph 2 of this Executive Order shall have the same meanings as set forth in ORS chapters 91 or 105. Paragraph 2 of this Executive Order shall apply if a tenant provides the landlord, within 30 calendar days of unpaid rent being due, with documentation or other evidence that nonpayment is caused by, in whole or in part, directly or indirectly, the COVID-19 pandemic. Acceptable documentation or other evidence includes, without limitation, proof of loss of income due to any governmental restrictions imposed to mitigate the spread of COVID-19. Nothing in paragraph 2 of this Executive Order relieves a nonresidential tenant's obligation to pay rent, utility charges, or any other service charges or fees, except for late charges or other penalties arising from nonpayment which are specifically waived by and during this moratorium. Additionally, paragraph 2 of this Executive Order does not apply to the termination of leases for causes other than nonpayment.

b.

c.

d.

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Office of theGovernor State ofOregon EXECUTIVE ORDER NO. 20-13 PAGE SIX

3.

During this moratorium, any residential or non-residential tenant who is or will be unable to pay the full rent when due under a rental agreement or lease, shall notify the landlord as soon as reasonably possible; and shall make partial rent payments to the extent the tenant is financially able to do so. Any person found to be in violation of this Executive Order is subject to the penalties described in ORS 401.990.

4.

This Executive Order is issued under the authority conferred to the Governor by ORS 401.165 to 401.236. Pursuant to ORS 401.192(1), the directives set forth in this Executive Order shall have the full force and effect of law, and any existing laws, ordinances, rules and orders shall be inoperative to the extent they are inconsistent with this exercise of the Governor's emergency powers. This Executive Order is effective immediately, and remains in effect for 90 days unless extended or terminated earlier by the Governor. Done at Salem, Oregon this 1St day of April, 2020.

ka, Kate Brown GOVERNOR ATTEST:

ta59

Bev Clarno SECRETARY OF STATE

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO. 1284 Adopting an Eviction Moratorium Six-Month Repayment Grace Period and Suspending Enforcement of Ordinance No. 1282 to Align with the Governor’s Statewide Residential Eviction Moratorium.

The Multnomah County Board of Commissioners Finds: A. On March 11, 2020, the Multnomah County Chair issued Executive Rule No. 388 declaring an emergency for the entire County to address the continued spread of the COVID-19 illness, loss of life, an extreme public health risk, and its significant economic impacts.

B. On March 19, 2020, the Multnomah County Board of Commissioners ratified Executive Order 388 and adopted Ordinance No. 1282 to address the impacts of COVID-19 by creating a countywide residential eviction moratorium. The purpose of the Eviction Moratorium was to promote housing stability during the COVID-19 pandemic to allow County residents to stay home, and to avoid a preventable increase in homelessness due to the economic effects of COVID-19.

C. On April 1, 2020, and following the Board’s action, the Governor of the State of Oregon issued a statewide moratorium on evictions with Executive Order 201-13.

D. The Board supports the uniform statewide implementation and enforcement of a residential eviction moratorium, and announces that enforcement of Ordinance No. 1282 is suspended to align with the Governor’s Executive Order 20-13.

E. The Board offers this revised Eviction Moratorium Repayment Grace Period to further address the COVID-19 public health emergency and address its significant and long lasting impacts.

Multnomah County Ordains as Follows: Section 1.

Title

This Ordinance shall be known as the Multnomah County COVID-19 “Eviction Moratorium Six-Month Repayment Grace Period.”

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Purpose

The purpose of the Eviction Moratorium Six-Month Repayment Grace Period is to promote housing stability and to avoid a preventable increase in homelessness due to the ongoing impacts of COVID-19.

Section 3.

Repayment Grace Period

A. All terms used in this Ordinance have the same meanings as set forth in the Governor’s Executive Order 20-13, Section 1.

B. Any residential tenant shall have a six-month repayment grace period to pay all unpaid rent, utility charges, or any other service charges or fees owed to the landlord that accrued during the effective dates of Executive Order 20-13 or any County mandated residential eviction moratorium. No late charges or other penalties arising from nonpayment may be imposed or collected for payments under this provision. The six-month repayment grace period will begin on the first calendar day after the Governor's Executive Order 20-13 or any County mandated residential eviction moratorium is no longer in effect, whichever is later.

C. During the six-month repayment grace period, landlords of residential properties in Multnomah County shall not, for reasons of nonpayment of the amounts identified in paragraph B, terminate any tenant’s rental agreement; take any action, judicial or otherwise, relating to residential evictions pursuant to or arising under ORS 105.105 through 105.168, including, without limitation filing, serving, delivering or acting on any notice, order or writ of termination or the equivalent; or otherwise interfere in any way with such tenant’s right to possession of the tenant’s dwelling unit.

D. Nothing in this Ordinance relieves a residential tenant's obligations to owe rent, utility charges, or any other service charges or fees, including those obligations subject to repayment during the six-month repayment grace period, except for late charges or penalties arising from nonpayment which were specifically waived during any applicable residential eviction moratorium.

E. Nothing in this Ordinance prohibits or requires a payment plan between a residential tenant and landlord.

Section 4.

Penalties and Remedies

A. Any landlord may be subject to civil proceedings for violation of this Ordinance. Proceedings may be initiated by the County or a tenant for damages.

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B. A landlord that fails to comply with any of the requirements set forth in this Ordinance shall be subject to appropriate injunctive relief, and for an amount up to 3 times the monthly rent, as well as actual damages, reasonable attorney fees, and costs.

C. Nothing herein shall be deemed to interfere with the right of a landlord to file an action against a tenant or non-tenant third party for alleged damage to the landlord’s property.

Section 5. This ordinance being necessary for the health, safety and general welfare of the people of Multnomah County, an emergency is declared and this ordinance will take effect immediately upon being signed pursuant to Section 5.50 of the Multnomah County Home Rule Charter.

FIRST READING AND ADOPTION:

April 16, 2020

BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON

Deborah Kafoury, Chair

REVIEWED: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON

By Jenny M. Madkour, County Attorney Submitted by: Deborah Kafoury, Chair

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80th OREGON LEGISLATIVE ASSEMBLY--2020 Special Session

Enrolled

House Bill 4213 Sponsored by Representative KOTEK; Representatives FAHEY, GORSEK, HOLVEY, KENY-GUYER, MARSH, MITCHELL, NERON, NOSSE, PILUSO, POWER, REARDON, SANCHEZ, SCHOUTEN, SMITH WARNER, Senators BURDICK, FAGAN, HASS, WAGNER (at the request of Joint Committee on the First Special Session of 2020)

CHAPTER .................................................

AN ACT

Relating to evictions; and declaring an emergency.

Be It Enacted by the People of the State of Oregon: SECTION 1. The Legislative Assembly finds and declares that: (1) The provisions of section 3 or 5 of this 2020 special session Act might affect the terms and conditions of certain contracts entered into in this state.

(2) The effects of the provisions of section 3 or 5 of this 2020 special session Act are not substantial because the provisions have a limited scope and duration and are necessary to protect the public health, safety and welfare. For these reasons the provisions do not undermine a contractual bargain, interfere with a party’s reasonable expectations or prevent a party from safeguarding or reinstating the party’s rights.

(3) Even if a provision of section 3 or 5 of this 2020 special session Act has the effect of undermining a contractual bargain, interfering with a party’s reasonable expectations or preventing a party from safeguarding or reinstating the party’s rights, the provision is appropriate and reasonable to carry out the significant and legitimate public purpose of responding to the declaration of a state of emergency issued by the Governor on March 8, 2020.

SECTION 2. Section 3 of this 2020 special session Act is added to and made a part of ORS chapter 90.

SECTION 3. (1) As used in this section: (a) “Emergency period” means the period beginning on April 1, 2020, and ending on September 30, 2020. (b) “Nonpayment” means the nonpayment of a payment that becomes due during the emergency period to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630. (c) “Nonpayment balance” includes all or a part of the net total amount of all items of nonpayment by a tenant. (d) “Termination notice without cause” means a notice delivered by a landlord under ORS 90.427 (3)(b), (4)(b) or (c), (5)(a) to (c), or (8)(a)(B) or (b)(B).

(2) During and after the emergency period and notwithstanding this chapter or ORS 105.105 to 105.168, a landlord may not, and may not threaten to: Enrolled House Bill 4213 (HB 4213-A)

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(a) Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance; (b) Initiate or continue an action under ORS 105.110 to take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after April 1, 2020; (c) Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance; (d) Assess a late fee or any other penalty on a tenant’s nonpayment; or (e) Report a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency.

(3) Notwithstanding ORS 90.220 (9), before applying payments received from a tenant or on behalf of a tenant to a tenant’s nonpayment balance, a landlord shall first apply the payments, in the following order, to: (a) Rent for the current rental period; (b) Utility or service charges; (c) Late rent payment charges; and (d) Fees or charges owed by the tenant under ORS 90.302 or other fees or charges related to damage claims or other claims against the tenant.

(4) During the emergency period, a landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. The notice must also include a statement that eviction for nonpayment is not allowed before September 30, 2020.

(5)(a) During the emergency period, a landlord may not deliver a termination notice without cause and may not file an action under ORS 105.110 based on a termination notice without cause. (b) If the first year of occupancy would end during the emergency period, for the purposes of a termination notice without cause, the “first year of occupancy” is extended to mean a period lasting until 30 days following the emergency period.

(6) Following the emergency period, a tenant with an outstanding nonpayment balance has a six-month grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance.

(7) Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states: (a) The date that the emergency period ended; (b) That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy; (c) That the nonpayment balance that accrued during the emergency period is still due and must be paid; (d) That the tenant will not owe a late charge for the nonpayment balance; (e) That the tenant is entitled to a six-month grace period to repay the nonpayment balance that ends on March 31, 2021; (f) That within a specified date stated in the notice given under this subsection that is no earlier than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace period described in subsection (6) of this section; (g) That failure of a tenant to give notice to the landlord of utilization of the grace period described in subsection (6) of this section may result in a penalty described in subsection (10) of this section; and (h) That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy under ORS 90.392, 90.394 or 90.630.

(8)(a) If a landlord gives a notice as described in subsection (7) of this section, a tenant who has an outstanding nonpayment balance as of the date listed on the landlord’s notice as described in subsection (7)(f) of this section must notify the landlord of the tenant’s inEnrolled House Bill 4213 (HB 4213-A)

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tention to use the grace period described in subsection (6) of this section to pay the nonpayment balance. (b) The tenant’s notice under this subsection must be actual notice described in ORS 90.150 or notice given by electronic means, and must be given to the landlord by the date given in the landlord’s notice as described in subsection (7)(f) of this section.

(9) The landlord’s notice described in subsection (7) of this section may offer an alternate voluntary payment plan for payment of the nonpayment balance, but the notice must state that the alternate payment plan is voluntary.

(10) A tenant’s failure to give the notice required by subsection (8) of this section to a landlord entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace period.

(11) If a landlord violates this section, a tenant may obtain injunctive relief to recover possession or address any other violation of this section and may recover from the landlord an amount up to three months’ periodic rent plus any actual damages.

(12) ORS 90.412 does not apply to a landlord that accepts a partial rent payment.

SECTION 4. Section 3 of this 2020 special session Act is repealed on March 31, 2021.

SECTION 5. (1) As used in this section: (a) “Emergency period” means the period beginning on April 1, 2020, and ending on September 30, 2020. (b) “Landlord” means the owner, lessor or sublessor of a rental unit or the building or premises of which the rental unit is a part, or a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. (c) “Nonpayment” includes the nonpayment of rent, late charges, utility charges or any other service charge or fee, as described in the rental agreement or ORS 91.090, 91.210 or 91.220, during the emergency period. (d) “Nonpayment balance” includes all or a part of the net total amount of all items of nonpayment by a tenant. (e) “Rental unit” means a structure or part of a structure for use as a commercial space by a tenant. (f) “Tenant” means an individual or organization entitled under a rental agreement to occupy a rental unit to the exclusion of others.

(2) During and after the emergency period and notwithstanding ORS chapter 91 and ORS 105.105 to 105.168, a landlord may not, and may not threaten to: (a) Deliver a notice terminating a rental agreement for a rental unit based on a tenant’s nonpayment; (b) Initiate or continue an action under ORS 105.110 to take possession of a rental unit based on a termination notice for nonpayment delivered on or after April 1, 2020; or (c) Take any action that would interfere with a tenant’s possession or use of a rental unit based on a tenant’s nonpayment.

(3) Notwithstanding any provision in the rental agreement, a landlord may not impose a late fee or other penalty on a tenant for nonpayment under this section.

(4) Following the emergency period, a tenant with an outstanding nonpayment balance has a six-month grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance.

(5) Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states: (a) The date that the emergency period ended; (b) That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy; (c) That the nonpayment balance that accrued during the emergency period is still due and must be paid; (d) That the tenant will not owe a late charge for the nonpayment balance; Enrolled House Bill 4213 (HB 4213-A)

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(e) That the tenant is entitled to a six-month grace period to repay the nonpayment balance that ends on March 31, 2021; (f) That within a specified date stated in the notice given under this subsection that is no earlier than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace period described in subsection (4) of this section; (g) That failure of a tenant to give notice to the landlord of utilization of the grace period described in subsection (4) of this section may result in a penalty described in subsection (8) of this section; and (h) That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy.

(6)(a) If a landlord gives a notice as described in subsection (5) of this section, a tenant who has an outstanding nonpayment balance as of the date listed on the landlord’s notice as described in subsection (5)(f) of this section must notify the landlord of the tenant’s intention to use the grace period described in subsection (4) of this section to pay the nonpayment balance. (b) The tenant’s notice under this subsection must be given in compliance with ORS 91.110 or notice given by electronic means, and must be given to the landlord by the date given in the landlord’s notice as described in subsection (5)(f) of this section.

(7) The landlord’s notice described in subsection (5) of this section may offer an alternate voluntary payment plan for payment of the nonpayment balance, but the notice must state that the alternate payment plan is voluntary.

(8) A tenant’s failure to give the notice required by subsection (6) of this section to a landlord entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace period.

(9) If a landlord violates this section, a tenant may obtain injunctive relief to recover possession or address any other violation of this section and may recover from the landlord an amount up to three months’ periodic rent plus any actual damages.

SECTION 6. Section 5 of this 2020 special session Act is repealed on March 31, 2021.

SECTION 7. Notwithstanding ORS 12.125, the period of limitation is tolled until March 31, 2021, for claims by a landlord based on a tenant’s nonpayment or nonpayment balance, both as defined in section 3 of this 2020 special session Act. SECTION 8. This 2020 special session Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2020 special session Act takes effect on its passage.

Enrolled House Bill 4213 (HB 4213-A)

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Received by Governor: ........................M.,........................................................., 2020

..................................................................................

Timothy G. Sekerak, Chief Clerk of House

Approved: ........................M.,........................................................., 2020

..................................................................................

Tina Kotek, Speaker of House Passed by Senate June 26, 2020

..................................................................................

Kate Brown, Governor Filed in Office of Secretary of State:

..................................................................................

Peter Courtney, President of Senate

........................M.,........................................................., 2020

..................................................................................

Bev Clarno, Secretary of State

Enrolled House Bill 4213 (HB 4213-A)

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO. 1287 Repealing and Replacing Ordinance Nos. 1282 and 1284 to Provide Continued Renter Protections in Multnomah County in Response to COVID-19 and Declaring an Emergency.

The Multnomah County Board of Commissioners Finds: A. On March 11, 2020, the Multnomah County Chair issued Executive Rule No. 388 declaring an emergency for the entire County to address the continued spread of the COVID-19 illness, loss of life, an extreme public health risk, and its significant economic impacts.

On March 17, 2020, an Addendum to Executive Rule No. 388 provided additional B. measures to address the emergency conditions.

C. On March 19, 2020, the Multnomah County Board of Commissioners (Board) ratified Executive Order 388 and its Addendum and adopted Ordinance No. 1282 to address the impacts of COVID-19 by creating a countywide residential eviction moratorium and six-month repayment grace period. The purpose of these measures was to promote housing stability during the COVID-19 pandemic to allow County residents to stay home, and to avoid a preventable increase in homelessness due to the economic effects of COVID-19.

D. On April 1, 2020, and following the Board’s action, the Governor of the State of Oregon issued a statewide moratorium on evictions with Executive Order 20-13.

E. On April 9, 2020, the Board adopted Resolution 2020-019 to continue the emergency declared in Executive Rule 388 and its Addendum until July 8, 2020.

F. On April 16, 2020, the Board adopted Ordinance 1284 to further address the impacts of COVID-19 and suspended enforcement of the County's residential eviction moratorium established by Ordinance 1282 while a statewide residential eviction moratorium was in place.

G. On July 2, 2020, the Board adopted Resolution 2020-059 to continue the emergency declared in Executive Rule 388 and its Addendum until September 30, 2020.

H. On September 24, 2020, the Board adopted a Resolution 2020-080 to continue the emergency declared in Executive Rule 388 and its Addendum until January 8, 2021.

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I. The State of Oregon provided statewide renter protections in HB 4213 (2020 First Special Session) with effective dates of April 1, 2020 to September 30, 2020. HB 4213 continued and refined the statewide residential eviction moratorium created by the Governor in Executive Order 20-13 and established a statewide six-month repayment grace period.

J. On September 4, 2020, the Center for Disease Control and Prevention (“CDC”), located within the U.S. Department of Health and Human Services, issued an Agency Order temporarily halting residential evictions to prevent the further spread of COVID-19 effective through December 31, 2020. See Federal Register, 85 FR 55292. The CDC Agency Order provides a lesser level of renter protections than HB 4213, Executive Order 20-13, and County ordinances. Under the CDC Agency Order’s terms, it does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in the Agency Order.

K. The County supports uniform implementation and enforcement of a residential eviction moratorium and a six-month repayment grace period, and the County therefore is enacting Section 3 of HB 4213 into County Code, with only those modifications necessary to adapt that provision to be County legislation. This action repeals and replaces Ordinance Numbers 1282 and 1284 to ensure continued renter protections to further address the COVID-19 public health emergency and address its significant and long lasting impacts.

L. The provisions of this Ordinance might affect the terms and conditions of certain contracts entered into in the County. Any such effects are not substantial because the provisions have a limited scope and duration and are necessary to protect the public health, safety and welfare. Therefore, this Ordinance does not undermine a contractual bargain, interfere with a party’s reasonable expectations, or prevent a party from safeguarding or reinstating the party’s rights. Even if it did, this action is appropriate and reasonable to carry out the significant and legitimate public purpose of responding to the declarations of emergency issued at the county, state and federal levels.

Multnomah County Ordains as Follows: Section 1. Title This Ordinance shall be known as the Multnomah County COVID-19 “Renter Protection Measures.”

Section 2. Purpose The purpose of the COVID-19 Renter Protection Measures is to promote housing stability and to avoid a preventable increase in homelessness due to the ongoing impacts of COVID-19.

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Section 3. Residential Eviction Moratorium and Repayment Grace Period A. These measures apply unless local, state or federal regulations provide equal or greater protections to residential renters in Multnomah County.

B.

As used in this section: 1.

“Emergency period” means the period beginning October 1, 2020, and ending on January 8, 2021, or the first day the emergency declared in Executive Rule 388 and its Addendum, as extended by the Board, is no longer in effect, whichever is later.

2.

“Nonpayment” means the nonpayment of a payment that becomes due during the emergency period to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630.

3.

“Nonpayment balance” includes all or a part of the net total amount of all items of nonpayment by a tenant, and all unpaid amounts that accrued by operation of ORS 90.220(9) during the six-month grace period described in subsection (G) of this section, provided that the tenant makes payment in an amount equal to or greater than the rent for the current rental period.

4.

“Termination notice without cause” means a notice delivered by a landlord under ORS 90.427 (3)(b), (4)(b) or (c), (5)(a) to (c), or (8)(a)(B) or (b)(B).

C. During and after the emergency period and notwithstanding ORS Chapter 90 or ORS 105.105 to 105.168, a landlord may not, and may not threaten to: 1.

Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance;

2.

Initiate or continue an action under ORS 105.110 to take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after October 1, 2020;

3.

Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance;

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4.

Assess a late fee or any other penalty on a tenant’s nonpayment; or

5.

Report a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency

D. During the emergency period, a landlord may provide a written notice to a tenant stating that the tenant continues to owe any rent due. The notice must also include a statement that eviction for nonpayment is not allowed before the end of the emergency period.

E. During the emergency period, a landlord may not deliver a termination notice without cause and may not file an action under ORS 105.110 based on a termination notice without cause.

F. If the first year of occupancy would end during the emergency period, for the purposes of a termination notice without cause, the “first year of occupancy” is extended to mean a period lasting until 30 days following the emergency period.

G. Following the emergency period, a tenant with an outstanding nonpayment balance has a six-month grace period to pay the outstanding nonpayment balance.

H. Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states: 1.

The date that the emergency period ended;

2.

That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;

3.

That the nonpayment balance that accrued during the emergency period is still due and must be paid; That the tenant will not owe a late charge for the nonpayment balance;

4.

5.

That the tenant is entitled to a six-month grace period to repay the nonpayment balance following the emergency period;

6.

That within a specified date stated in the notice given under this subsection that is no earlier than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace period described in subsection (G) of this section;

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I.

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7.

That failure of a tenant to give notice to the landlord of utilization of the grace period described in subsection (G) of this section may result in a penalty described in subsection (K) of this section; and

8.

That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy under ORS 90.392, 90.394 or 90.630.

1.

If a landlord gives a notice as described in subsection (H) of this section, a tenant who has an outstanding nonpayment balance as of the date listed on the landlord’s notice as described in subsection (H)(6) of this section must notify the landlord of the tenant’s intention to use the grace period described in subsection (G) of this section to pay the nonpayment balance.”

2.

The tenant’s notice under this subsection must be actual notice described in ORS 90.150 or notice given by electronic means, and must be given to the landlord by the date given in the landlord’s notice as described in subsection (H)(6) of this section.

J. The landlord’s notice described in subsection (H) of this section may offer an alternate voluntary payment plan for payment of the nonpayment balance, but the notice must state that the alternate payment plan is voluntary.

K. A tenant’s failure to give the notice required by subsection (I) of this section to a landlord entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace period.

L. If a landlord violates this section, a tenant may obtain injunctive relief to recover possession or address any other violation of this section and may recover from the landlord an amount up to three months’ periodic rent plus any actual damages.

M. payment.

ORS 90.412 does not apply to a landlord that accepts a partial rent

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Section 4. This Ordinance being necessary for the health, safety and general welfare of the people of Multnomah County, an emergency is declared and this ordinance will take effect immediately upon being signed pursuant to Section 5.50 of the Multnomah County Home Rule Charter.

FIRST READING AND ADOPTION:

September 24, 2020

BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON

Deborah Kafoury, Chair

REVIEWED: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON •1!)'\A_,I��

By Jenny M. Madkour, County Attorney

Submitted by: Deborah Kafoury, Chair

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-56 TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS FOR NONPAYMENT, IN RESPONSE TO COVID-19 AND WILDFIRE EMERGENCIES. Since January 2020, the State of Oregon has been engaged in responding to the public health threat posed by the novel infectious coronavirus (COVID-19). As the threat escalated, the State's response elevated to meet the threat. On March 8, 2020, I declared a state of emergency pursuant to ORS 401.165 et seq., and directed certain immediate response actions. During March and April 2020, as COVID-19 continued to spread around the world, I took a series of actions aimed at slowing the spread of the virus, and to mitigate the public health and economic impacts of the pandemic. Those actions helped prevent and control the spread of COVID-19 in Oregon, and increased the state's preparedness to live with this virus until a vaccine or cure can be found. Following the success of these early measures, in late April and early May 2020, I began to take steps to ease the restrictions that had been imposed in March and April. I signed executive orders directing the State to begin a data-driven, phased reopening. This process has been gradual and cautious. In response to rising case numbers during the summer, I imposed additional measures, including facecovering requirements for individuals. Outbreaks and community spread in certain counties also have required us to reimpose restrictions at times, to maintain public health and safety. Although Oregon has been able to cautiously reopen sectors of its economy, this virus remains very dangerous. As of today, there are at least 32,994 cases and 547 deaths in Oregon, with more than 7 million cases and 200,000 deaths from COVID-19 nationwide. Continued work is necessary to bring virus levels down to where it is safe for K-12 schools across the state to fully reopen for in-person instruction, among other critical priorities. Throughout this crisis, making sure that Oregonians can remain in their homes has been an essential part of Oregon's COVID-19 emergency response. Keeping economically vulnerable Oregonians in their homes makes it significantly easier for them to practice effective physical distancing which is vital to controlling the spread of the virus. It helps facilitate quarantine and isolation for individuals exposed to the virus or who become sick. It helps to prevent families and individuals from being displaced from their homes into more crowded multifamily or congregate living conditions, where the virus can spread more easily. Housing stability also helps to ensure that students have a stable place to engage in remote learning. Ensuring that individuals are able to remain in their homes during the COVID-19 state of emergency also conserves housing resources and helps reduce economic hardship and related life, health, and safety risks.

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-56 PAGE TWO Accordingly, Executive Order 20-11, signed in March of 2020, prohibited law enforcement from enforcing residential tenant eviction notices and orders, and Executive Order 20-13, signed in April of 2020 imposed a temporary moratorium on the termination of residential and non-residential rental agreements and evictions for nonpayment. During its first special session early this summer, the Legislative Assembly passed House Bill 4213, which enacted an eviction moratorium for residential and non-residential tenants, and extended that moratorium until September 30, 2020, after which time tenants have a six-month grace period to pay outstanding rent. In addition, House Bill 4204 imposed a mortgage foreclosure moratorium, which I recently extended through the end of this year, to provide support to homeowners, including property owners who rent to residential tenants. Since the enactment of House Bill 4213, housing needs essential to Oregon's emergency response have become even more acute in recent months. After the Legislature acted in June, cases of COVID-19 spiked across the state over the summer, demonstrating how quickly the virus can spread, including in areas of the state that previously had few incidents. Additionally, although earlier this year we hoped that conditions would allow students to begin in-person instruction at the start of the school year, community spread remains too high in much of the state for that to happen at this point, and most students in Oregon are engaging in remote learning from their homes, making stable housing absolutely essential to their education. Indeed, in light of the pandemic, the Centers for Disease Control and Prevention ("CDC") recently recognized the vital importance of making sure that individuals can remain in their homes because housing stability helps protect public health, and issued a nationwide moratorium on certain residential evictions, through December 31, 2020. In addition to the significant challenges arising from the spread of COVID-19, shortly after the start of the school year massive and unprecedented wildfires erupted across Oregon. In response, I declared a statewide wildfires state of emergency under ORS 401.165 et seq., and invoked the Emergency Conflagration Act statewide. Despite the heroic efforts of our firefighters and first responders, these fires have resulted in evacuations, damage and destruction to critical infrastructure, including homes, as well as other structures, and injury and loss of life. The effects of these fires will be felt long after the fires themselves are out. Among other impacts, the destruction and displacement caused by the fires is placing significant, additional pressure on housing resources at a time when the state is already dealing with a housing crisis.

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*

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-56 PAGE THREE Following the Labor Day holiday, and the significant displacement associated with the wildfire evacuations, cases of COVID 19 have again begun to rise sharply in Oregon. As flu season begins, we anticipate additional stress on our health care system capacity, and even greater need to facilitate Oregonians' compliance with physical distancing recommendations and directives to mitigate community spread of COVID-19. The ongoing threat of COVID-19, the need for students to have a safe and stable place to learn, and the additional challenges presented by fire response mean that housing stability remains critical to Oregon's response to the COVID-19 and wildfire emergencies. Similar to the significant needs underlying the CDC's nationwide eviction moratorium, it is necessary to Oregon's emergency response to keep a state eviction moratorium in place through the end of this year. Accordingly, I am ordering a temporary residential eviction moratorium through December 31, 2020, consistent with the timeline of the CDC's federal eviction moratorium and Oregon's mortgage foreclosure moratorium. The directives set forth in this Executive Order are temporary, with a limited scope and duration. They address the immediate needs identified above, pursuant to my emergency powers, but do not otherwise undermine contractual bargains, interfere with parties' reasonable expectations, or prevent parties from safeguarding or reinstating their rights. The directives of this Executive Order are appropriate, necessary, and reasonable means by which to implement the significant and legitimate public purpose of responding to the declaration of a state of emergency for COVID-19, and the declaration of a state of emergency for wildfires. NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED: Pursuant to my emergency powers under ORS 401.168, ORS 401.175, ORS 401.188, ORS 401.192, and ORS 433.441, and pursuant to the emergency declarations made in Executive Order 20-03 and Executive Order 20-35, I am issuing the following directives: 1. Definitions. As used in this Executive Order: A. "Eviction moratorium period" means September 30, 2020, through December 31, 2020, unless that period is extended or terminated earlier by the Governor.

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-56 PAGE FOUR B.

1 ,74144 -4C ir

9

"Nonpayment" means the nonpayment of a payment to a landlord that is due during the period beginning on April 1, 2020, and ending on December 31, 2020, including a payment of rent, late charges, utility or service charges, or any other charge or fee as described in the rental agreement or ORS 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584, 90.630, 90.140, and 90.260. "Termination notice without cause" means a notice delivered by a landlord under ORS 90.427(3)(b), (4)(b) or (c), (5)(a) or (b), or (8)(a)(B) or (b)(B).

C.

2.

Temporary Eviction Moratorium. A. During the eviction moratorium period, landlords of properties governed by ORS Chapter 90 (referred to in this Executive Order as "residential properties") in Oregon shall not, and shall not threaten to: (1) Deliver a termination notice without cause, or deliver a notice of termination of a rental agreement for nonpayment; Initiate or continue an action under ORS 105.110 based on a termination notice without cause or a notice of termination for nonpayment; Take any action for reason of nonpayment that would interfere with a tenant's possession or use of a dwelling unit; Assess a late fee or any other penalty for nonpayment; or Report a tenant's nonpayment as delinquent to any consumer credit reporting agency.

(2)

(3) (4) (5)

B.

If the first year of occupancy ends between April 1, 2020, and December 31, 2020, for purposes of a termination notice without cause (referenced in paragraph 2(A) of this Executive Order) the "first year of occupancy" means a period lasting until 30 days following the eviction moratorium period.

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Office of theGovernor State of Oregon EXECUTIVE ORDER NO. 20-56 PAGE FIVE C. Nothing in paragraph 2 of this Executive Order relieves a residential property tenant of the obligation to pay rent, utility charges, or any other service charges or fees, except late charges or other penalties arising from nonpayment which are specifically waived by and during the eviction moratorium period. Notwithstanding ORS 90.220(9), before applying payments received from a tenant or on behalf of a tenant to all or a part of a tenant's nonpayment balance, a landlord shall first apply the payments, in the following order, to: (1) (2) (3) (4) Rent for the current rental period; Utility or service charges; Late rent payment charges; and Fees or charges owed by the tenant under ORS 90.302 or other fees or charges related to damage claims or other claims against the tenant.

D.

3.

Notices. If a landlord delivers a notice under Section 3(4) of House Bill 4213 (2020), or delivers a notice under Section 3(7) of that bill during the eviction moratorium period, the notice must notify tenants that eviction for nonpayment is not allowed before December 31, 2020. Enforcement. This Executive Order and any agency guidance issued pursuant to this Executive Order at the Governor's direction are public health laws, as defined in ORS 431A.005, and may be enforced as permitted under ORS 431A.010. In addition to any other penalty that may be imposed under applicable laws, any person, business, or entity found to be in violation of this Executive Order or guidance issued pursuant to this Executive Order also is subject to the penalties described in ORS 401.990. These enforcement mechanisms are in addition to any other private rights of action or other enforcement mechanism that may exist in statute or at common law, or under federal law. Discretion., No Right of Action. Any decision made by the Governor pursuant to this Executive Order is made at her sole discretion. This Executive Order is not intended to create, and does not create, any individual right, privilege, or benefit, whether substantive or procedural, Exhibit 8 Page 5 of 6

4.

5.

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Office of the Governor State of Oregon EXECUTIVE ORDER NO. 20-56 PAGE SIX enforceable at law or in equity by any party against the State of Oregon, its agencies, departments, or any officers, employees, or agents thereof. 6. Legal Effect. This Executive Order is issued under the authority conferred to the Governor by ORS 401.165 to 401.236. Pursuant to ORS 401.192(1), the directives set forth in this Executive Order shall have the full force and effect of law, and any existing laws, ordinances, rules and orders shall be inoperative to the extent they are inconsistent with this exercise of the Governor's emergency powers. Effective Dates. This Executive Order is effective immediately, and remains in effect until December 31, 2020, unless extended or terminated earlier by the Governor. Done at Salem, Oregon, this 28th day of September, 2020.

7.

Kate Brown GOVERNOR

ATTEST:

Bev Clarno SECRETARY OF STATE

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*

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ORDINANCE No. 190156 *Adopt emergency temporary moratorium on evictions for residential tenants throughout the City of Portland (Ordinance) The City of Portland ordains: Section 1. The Council finds: 1.

On March 12, 2020, Mayor Ted Wheeler executed a Declaration of Emergency for the City of Portland due to the continued spread of the COVID-19 virus which creates an extreme risk to public health, government and business continuity and the local economy of the City of Portland.

2.

On March 17, 2020, Mayor Wheeler executed an Executive Order establishing a moratorium on residential evictions in the City of Portland due to the COVID-19 emergency.

3.

On March 17, 2020, Multnomah County Chair Deborah Kafoury amended Executive Rule No. 388 establishing a countywide residential eviction moratorium due to the COVID-19 pandemic

4.

On March 18, 2020, Portland City Council adopted Ordinance No. 189890, affirming that the City eviction moratorium was superseded by the County Executive Rule No. 388, and that the County moratorium applies in all areas of the City.

5.

On March 19, 2020, Multnomah County Chair Deborah Kafoury, in coordination with Portland Mayor Ted Wheeler and the City of Portland, presented Executive Order No. 388 and Ordinance No. 1282 to the Multnomah County Board of Commissioners, and the order and ordinance were ratified and adopted. These actions established a countywide residential eviction moratorium, superseding the City moratorium, to promote housing stability during the COVID-19 pandemic to allow county residents to stay home, and to avoid a preventable increase in homelessness due to the economic effects of COVID-19.

6.

On April 1, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-13 to declare a statewide moratorium on residential and nonresidential evictions due to the COVID-19 pandemic.

7.

On April 16, 2020, Multnomah County Board of Commissioners suspended enforcement of Ordinance 1284, to align with the Governor’s Executive Order 20-13 for uniform statewide enforcement of a residential eviction moratorium.

PAGE 1

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190156 8.

On May 1, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-24 to extend Executive Order No. 20-03 through July 6, 2020.

9.

On June 26, 2020, during the 2020 1st Special Legislative Session, the Oregon House of Representatives adopted House Bill 4213, which was subsequently adopted by the Oregon Senate on June 30, 2020, and signed by Oregon Governor Kate Brown on June 30, 2020, establishing a temporary eviction moratorium on residential and non-residential evictions, and other protections, through September 30, 2020.

10.

On June 30, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-30 to extend Executive Order No. 20-03 through September 4, 2020, and to rescind Executive Order No. 20-13 due to the enrollment of House Bill 4213 of the 2020 1st Special Session codifying the temporary eviction moratorium.

11.

On September 4, 2020, the Center for Disease Control and Prevention (“CDC”), located within the U.S. Department of Health and Human Services, issued an Agency Order temporarily halting residential evictions to prevent the further spread of COVID-19 effective through December 31, 2020. See Federal Register, 85 FR 55292. The CDC Agency Order provides a lesser level of renter protections than HB 4213, Executive Order 20-13, and County and City ordinances. Under the CDC Agency Order’s terms, it does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in the Agency Order.

12.

Pursuant to HB 4213, the State residential and non-residential eviction moratorium will expire on September 30, 2020.

13.

On September 24, 2020, to provide continued renter protections in Multnomah County, the County adopted Ordinance No. 1287, repealing and replacing Ordinance No. 1282 and 1284 and adopting Section 3 of HB 4213, with only those modifications necessary to adopt that provision into County Code.

14.

In this emergency, it is imperative to provide all residents of Multnomah County, and all residents of the City of Portland throughout the tri-county area, uniform and consistent rules governing the moratorium on residential evictions, to the greatest extent practical.

15.

In addition, there is a need within the City of Portland to create an exemption for affordable housing providers to ensure that the development of affordable housing units is not impeded by the moratorium.

PAGE 2

Exhibit 9 Page 2 of 5

Case 3:20-cv-02226-YY

Document 1-3

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190156 16.

The provisions of this Ordinance might affect the terms and conditions of certain contracts entered into in the City. Any such effects are not substantial because the provisions have a limited scope and duration and are necessary to protect the public health, safety and welfare. Therefore, this Ordinance does not undermine a contractual bargain, interfere with a party’s reasonable expectations, or prevent a party from safeguarding or reinstating the party’s rights. Even if it did, this action is appropriate and reasonable to carry out the significant and legitimate public purpose of responding to the declarations of emergency issued at the city, county, state and federal levels.

NOW, THEREFORE, the Council directs: a.

Multnomah County’s moratorium on residential evictions, incorporated herein and attached hereto as Exhibit A, shall apply in all areas of the City of Portland. All residents of the City of Portland, wherever located in the tri-county area, shall be governed by the moratorium on residential evictions on the same terms as set forth in Multnomah County’s Ordinance No. 1287 issued on September 24, 2020, as amended from time to time, and as set forth herein.

b.

Within the City of Portland, wherever located in the tri-county area, a landlord who 1) offers relocation payments to tenant(s), pursuant to the Federal Uniform Relocation Assistance and Real Property Acquisition Act, that are greater than $10,000, and 2) issues an eviction predicated on replacing the structure with regulated affordable housing that will be affordable for more than 60 years at 60% AMI or less, is not prohibited from issuing an eviction under the adopted moratorium.

c.

In addition to any other remedy available by law, this ordinance shall be enforceable to fullest extent of the Portland City Code.

d.

If any provision of the this Ordinance, including the incorporated Exhibit A, or its application to any person or circumstance is held to be invalid, then the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of the Ordinance, including the incorporated Exhibit A, are severable.

Section 2. The Council declares that an emergency exists because there is a current and immediate threat to the health, life, and safety of residents that will be unable to pay rent due to the impacts of COVID-19 on the community and a need for immediate action to prevent evictions and possible homelessness of affected residents, that warrants this urgent measure, which finding is based upon the facts stated in the recitals above.

Therefore, this Ordinance shall be immediately effective upon its passage by the Council, and shall continue in full force and effect for the duration specified in Exhibit A.

PAGE 3

Exhibit 9 Page 3 of 5

Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

Page 21 of 48

190156

Passed by the Council: September 30, 2020 Commissioner: Mayor Ted Wheeler Prepared by: Tia Williams Date Prepared: September 24,2020

Mary Hull Caballero Auditor of the City of Portland By Deputy

PAGE 4

Exhibit 9 Page 4 of 5

Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

Page 22 of 48

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Exhibit 9 Page 5 of 5

Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

Page 23 of 48

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON RESOLUTION NO. 2020-110 To Adopt and Extend the Emergency Declared in Executive Rule 388, its Addendum, and Resolution 2020-080, to July 2, 2021, or until Rescinded.

The Multnomah County Board of Commissioners Finds: A. On March 11, 2020, Executive Rule 388 was adopted Declaring an Emergency due to imminent threat to the County presented by the COVID-19 outbreak.

B. On March 17, 2020, an Addendum to Executive Rule 388 was adopted adding additional measures to further limit the spread among people experiencing homelessness or at risk of homelessness from eviction.

C. On April 9, 2020 Resolution 2020-019 â&#x20AC;&#x201C; Continuing the Emergency Declared in Executive Rule 388 and its Addendum and other necessary measures was adopted and was set to expire on July 8, 2020, unless rescinded or extended further.

D. On July 2, 2020 Resolution 2020-059 - Continuing the Emergency Declared in Executive Rule 388 and its Addendum and other necessary measures was adopted and is set to expire on September 30, 2020, unless rescinded or extended further.

E. On September 24, 2020 Resolution 2020-080 - Continuing the Emergency Declared in Executive Rule 388 and its Addendum and other necessary measures was adopted and is set to expire on January 8, 2021, unless rescinded or extended further and this Resolution is a further extension of that emergency.

F. COVID-19 continues to pose a significant and potentially catastrophic threat to every resident of Multnomah County, requiring resources to be deployed swiftly, and for County government to respond to emerging community needs with haste.

G. Multnomah County Code 25.450(B) states that the initial declaration of emergency may not last for more than 30 days. A declaration of emergency may be extended or terminated by the Board.

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H. This Resolution extends the emergency actions declared by Executive Rule 388, its Addendum, and Resolution 2020-080.

The Multnomah County Board of Commissioners Resolves: To adopt and extend the emergency declared in Executive Rule 388, its Addendum, and Resolution 2020-080, to July 2, 2021, or until rescinded.

ADOPTED this 17th day of December, 2020.

BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON

Deborah Kafoury, Chair REVIEWED: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON By:

•1!)'\A_,I��

Jenny M. Madkour, County Attorney

SUBMITTED BY: Deborah Kafoury, County Chair

Exhibit 10 Page 2 of 2

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80th OREGON LEGISLATIVE ASSEMBLY--2020 Third Special Session

House Bill 4401 Sponsored by Representative KOTEK (at the request of Joint Committee on the Third Special Session of 2020)

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.

Requires Housing and Community Services Department to provide distributions to certain residential landlords for unpaid rent after April 1, 2020. Requires department to report to Legislative Assembly on grants by September 15, 2021. Sunsets January 2, 2023.

Extends until December 31, 2020, emergency period during which residential evictions for nonpayment are prohibited. Extends until June 30, 2021, prohibitions of terminations without cause, emergency period and repayment date for nonpayment by tenants declaring financial hardships.

Extends 72- and 144-hour notices for nonpayment of rent to 10- and 13-day notices and increases penalty for landlord’s retaliatory conduct until June 30, 2021.

Tolls statute of limitations for residential landlords’ claims for nonpayment through June 30, 2021.

Declares emergency, effective on passage.

1

A BILL FOR AN ACT

2

Relating to residential tenancies; creating new provisions; amending ORS 90.160, 90.385, 90.394,

3

90.417, 105.113, 105.115 and 105.124 and sections 1, 3, 4 and 7, chapter 13, Oregon Laws 2020

4

(first special session) (Enrolled House Bill 4213); and declaring an emergency.

5

Be It Enacted by the People of the State of Oregon:

6

LEGISLATIVE FINDINGS

7 8 9 10

SECTION 1. Section 1, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4213), is amended to read:

11

Sec. 1. The Legislative Assembly finds and declares that:

12

(1) The provisions of section 3 or 5, chapter 13, Oregon Laws 2020 (first special session)

13

(Enrolled House Bill 4213), or section 7 of this 2020 third special session Act [of this 2020 spe-

14

cial session Act] might affect the terms and conditions of certain contracts entered into in this state.

15

(2) The effects of the provisions of section 3 or 5, chapter 13, Oregon Laws 2020 (first special

16

session) (Enrolled House Bill 4213), or section 7 of this 2020 third special session Act [of this

17

2020 special session Act] are not substantial because the provisions have a limited scope and dura-

18

tion and are necessary to protect the public health, safety and welfare. For these reasons the pro-

19

visions do not undermine a contractual bargain, interfere with a party’s reasonable expectations or

20

prevent a party from safeguarding or reinstating the party’s rights.

21

(3) Even if a provision of section 3 or 5, chapter 13, Oregon Laws 2020 (first special session)

22

(Enrolled House Bill 4213), or section 7 of this 2020 third special session Act [of this 2020 spe-

23

cial session Act] has the effect of undermining a contractual bargain, interfering with a party’s rea-

24

sonable expectations or preventing a party from safeguarding or reinstating the party’s rights, the

25

provision is appropriate and reasonable to carry out the significant and legitimate public purpose

26

of responding to the declaration of a state of emergency issued by the Governor on March 8, 2020,

NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 18

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HB 4401 1

for the COVID-19 pandemic or the state of emergency issued by the Governor on September

2

8, 2020, for the wildfires.

3

LANDLORD DISTRIBUTIONS FOR UNPAID RENT

4 5 6

SECTION 2. (1) The Housing and Community Services Department shall make distrib-

7

utions to compensate residential landlords for 80 percent of the past-due rent of qualified

8

tenants that the landlord has not collected after April 1, 2020, if the landlord or the landlord’s

9

designee:

10

(a) Submits an application to the department for all of the landlord’s tenants who have

11

not paid rent and have delivered to the landlord a signed declaration under section 7 (1)(b)

12

of this 2020 third special session Act;

13

(b) Includes in the application a copy of the tenants’ declarations;

14

(c) Provides the department with a description of the unpaid rent for all current tenants;

15

(d) Agrees to forgive the remaining 20 percent of the unpaid rent due from qualified

16

tenants that has accrued between April 1, 2020, and the date of the application, upon re-

17

ceiving a distribution under this subsection;

18

(e) Agrees to repay to the department any amount that was forgiven by the landlord or

19

that was paid to the landlord under this section and the landlord later receives from the

20

qualified tenant or on the tenant’s behalf, within the period requested by the department;

21

(f) Is not a member of the tenant’s immediate family, as defined in ORS 90.427;

22

(g) During the pendency of the distribution application, agrees to not give a termination

23

notice without cause or for nonpayment, as those terms are defined in section 3, chapter 13,

24

Oregon Laws 2020 (first special session) (Enrolled House Bill 4213); and

25

(h) Provides any other information or materials required by the department.

26

(2)(a) The department shall develop an online application for landlords to apply for dis-

27

tributions under this section.

28

(b) The application must be made available in languages other than English.

29

(c) The application period must be open more than once to allow for greater outreach

30

and participation.

31

(3) The department may establish any qualifications, priorities, restrictions or limits on

32

the distributions made under this section, to prioritize landlords with fewer units and land-

33

lords with a higher percentage of unpaid rents. Restrictions or limits may include:

34

(a) Limits per tenant, per landlord or per time period;

35

(b) The number of units a landlord must own; or

36

(c) The percentage or amount of total rent unpaid.

37

(4) The department may coordinate with local housing authorities to administer this

38

section, including through making distributions to landlords.

39

(5) The department or local housing authority shall mail to tenants copies of a notice of

40

distribution to their landlords and the amount of rent forgiveness agreed to by their land-

41

lords.

42 43 44 45

(6) The department may conduct outreach to landlords and tenants, including outreach to non-English speakers.

(7) Notwithstanding ORS 276A.300, 279A.025, 279A.050 (6)(g), 279A.205 and 456.571, the department shall expedite the implementation of the landlord compensation fund.

[2]

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HB 4401 1 2

(8) As used in this section, “landlord” includes a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803.

3

SECTION 3. The Housing and Community Services Department shall directly distribute

4

rent assistance to recipients of a distribution from the department through the Coronavirus

5

Aid, Relief, and Economic Security Act (P.L. 116-136) Emergency Solutions Grants program,

6

as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act

7

(42 U.S.C. 11371 et seq.), including community action agencies and culturally specific provid-

8

ers. Community action agencies may receive distributions through the department’s master

9

grant agreement.

10

Rental assistance must serve financially distressed households, and pay-

ments must be made directly to the landlord.

11

SECTION 4. No later than September 15, 2021, the Housing and Community Services

12

Department shall provide a report to an appropriate interim committee of the Legislative

13

Assembly in the manner provided by ORS 192.245 on the distributions provided under sections

14

2 and 3 of this 2020 third special session Act.

15 16

SECTION 5. Sections 2 to 4 of this 2020 third special session Act are repealed on January 2, 2023.

17

EVICTION MORATORIUM EXTENSION

18 19 20 21

SECTION 6. Section 7 of this 2020 third special session Act is added to and made a part of ORS chapter 90.

22

SECTION 7. (1) The emergency period and the end of the grace period under this section

23

and section 3, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4312),

24

are extended until June 30, 2021, if:

25 26 27 28

(a) A landlord does not deliver to the tenant in writing a copy of both the notice and declaration form under subsection (2) of this section along with: (A) Any notice given under section 3 (5)(c), chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4213);

29

(B) Every termination notice for nonpayment delivered before June 30, 2021; and

30

(C) Any summons for eviction based on a termination notice for nonpayment delivered

31

before June 30, 2021; or

32

(b) The tenant has, at any time, signed a copy of the declaration under subsection (3)(b)

33

of this section, including any translation under subsection (4) of this section, and has deliv-

34

ered the declaration to the landlord in writing or by any other method reasonably calculated

35

to achieve receipt of the declaration by the landlord, including by sending a copy or photo-

36

graph of the declaration by electronic mail or text message.

37

(2) After a tenant delivers a copy of the declaration under subsection (1)(b) of this sec-

38

tion, the emergency period and end of the grace period are extended and a landlord may not

39

take or attempt to take any action to interfere with a tenant’s possession described in sec-

40

tion 3 (2), chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4213), until

41

June 30, 2021.

42 43

(3)(a) The notice that must be delivered by the landlord under subsection (1) of this section must be in substantially the following form:

44 45

[3]

Exhibit 11 Page 3 of 24

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HB 4401 Notice of Eviction Protection

1 2 3

THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS

4

TO PROTECTION AGAINST EVICTION FOR NONPAYMENT.

5 6 7

For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at www.courts.oregon.gov.

8 9

Until June 30, 2021, you may be protected from eviction for non-payment of rent.

10 11

IF YOU ARE UNABLE TO PAY YOUR RENT BECAUSE OF A FINANCIAL HARDSHIP

12

THAT OCCURRED ON OR AFTER MARCH 16, 2020, GIVE THE ATTACHED FORM TO

13

YOUR LANDLORD TO QUALIFY FOR PROTECTION.

14 15

To be protected, you must provide your landlord with a signed declaration, stating that

16

you have experienced financial hardship because of one or more of these conditions on or

17

after March 16, 2020:

18

• Loss of household income;

19

• Increased medical expenses;

20

• Loss of work or wages;

21

• Increased child care responsibilities or responsibilities to care for a person with a dis-

22 23 24 25

ability or a person who is elderly, injured or sick; • Increased costs for child care or caring for a person with a disability or a person who is elderly, injured or sick; or • Other circumstances that have reduced income or increased expenses.

26 27

ONCE YOU HAVE PROVIDED THIS FORM TO YOUR LANDLORD, THE LANDLORD CAN-

28

NOT FILE, THREATEN TO FILE OR COMPLETE AN EVICTION AGAINST YOU FOR

29

NONPAYMENT UNTIL JULY 1, 2021.

30 31

The declaration form is attached to this notice. The form can also be found translated into

32

multiple other languages at www.courts.oregon.gov. You may give this form to your landlord

33

in person, by first class mail or, if available, by sending a copy or photograph of this form

34

by e-mail or text message. Tenants are advised to keep a copy of the form and a record of

35

providing it to the landlord.

36 37 38 39 40 41 42

Please note: • You still owe rent, as required by your rental agreement. Any unpaid rent must be paid

by July 1, 2021. You may qualify for help paying your rent. See this notice for resources.

• Your landlord cannot charge late fees for any portion of unpaid rent from April 1, 2020, through June 30, 2021.

• If you are unable to pay your rent, give the attached declaration form to your landlord

43

as soon as possible. You can submit this form to your landlord at any time. You do not have

44

to wait until you have a nonpayment notice. If you have experienced financial hardship, fill

45

out and submit the form immediately.

[4]

Exhibit 11 Page 4 of 24

Case 3:20-cv-02226-YY

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HB 4401 • You can still be evicted for violations of the rental agreement, other than nonpayment

1 2

of rent.

3

• You cannot be evicted without cause before July 1, 2021, except for circumstances un-

4

der ORS 90.427 (5) involving the demolition or conversion of the dwelling unit, major repairs

5

or renovations when the dwelling unit is or will be unsafe to occupy or the occupancy of your

6

dwelling unit by your landlord, the landlord’s family member or someone who purchases the

7

dwelling unit.

8

TENANT RESOURCES

9 10 11

For help paying your rent and for referrals to other support services such as food

12

stamps, health benefits, unemployment insurance and other public benefits, dial 211 or go to

13

www.211.org.

14

www.oregonlawhelp.org.

To

find

free

legal

assistance

for

low-income

Oregonians,

go

to

15 16

(b) The declaration that must be delivered by the landlord and may be completed by a

17 18

tenant under subsection (1)(b) of this section must be in substantially the following form:

19 20 21

DECLARATION OF FINANCIAL HARDSHIP FOR EVICTION PROTECTION

22 23

This form may be given to the landlord in person, by first class mail or, if available, by

24

sending a copy or photograph by e-mail or text message.

25 26

I,

(tenant’s

name),

(tenant’s address).

27

am a tenant at

I am unable to pay

28

my obligations under the rental agreement because of one or more of the reasons below that

29

have impacted me since March 16, 2020:

30

• Loss of household income;

31

• Increased medical expenses;

32

• Loss of work or wages;

33

• Increased child care responsibilities or responsibilities to care for a person with a dis-

34 35 36 37

ability or a person who is elderly, injured or sick; • Increased costs for child care or caring for a person with a disability or a person who is elderly, injured or sick; or • Other circumstances that have reduced my income or increased my expenses.

38 39

Any public assistance, including unemployment insurance, pandemic unemployment assist-

40

ance and other public assistance that I have received on or after March 16, 2020, does not

41

fully make up for my loss of income or increased expenses. I understand that I still owe my

42

rent, which must be paid by July 1, 2021. I understand that I must comply with other obli-

43

gations that I may have under my rental agreement.

44 45

I hereby declare that the above statement is true to the best of my knowledge and belief,

[5]

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HB 4401 1

and that I understand it may be used as evidence in court and is subject to penalty for per-

2

jury.

3

(tenantâ&#x20AC;&#x2122;s signature)

4

(date)

5 6 7 8

(4)(a) The Judicial Department shall translate the notice and declaration form under

9

subsection (3) of this section into the Spanish, Korean, Russian, Vietnamese and Chinese

10

languages and shall display the English and translated forms prominently from the main

11

webpage at www.courts.oregon.gov.

12

(b) Each form on the Judicial Department website must include a statement in English,

13

Spanish, Korean, Russian, Vietnamese and Chinese indicating that the form and translations

14

can be found on the Judicial Department website and include the web address where the

15

forms may be found.

16

(5) A landlord who files a complaint for possession under ORS 105.105 to 105.168 based

17

on a notice for nonpayment under ORS 90.392, 90.394 or 90.630 shall file with the complaint

18

a declaration under penalty of perjury stating that the landlord has complied with subsection

19

(1)(a) of this section and that the landlord is not aware of any declaration signed or delivered

20

by the tenant under subsection (1)(b) of this section.

21

(6) The court shall enter a judgment dismissing a complaint for possession filed under

22

ORS 105.105 to 105.168 before the end of the grace period based solely on a nonpayment bal-

23

ance if the court determines that:

24 25 26 27

(a) The landlord failed to give the notice and form as required by subsection (1)(a) of this section; or (b) At any time during or prior to the first appearance, the tenant has signed and delivered to the landlord a copy of the declaration described in subsection (3)(b) of this section.

28

(7) A landlord may not:

29

(a) Challenge the accuracy of a tenantâ&#x20AC;&#x2122;s declaration under this section in a proceeding

30 31 32 33 34 35 36

under ORS 105.105 to 105.168; (b) Require additional information from a tenant in the declaration under subsection (3)(b) of this section; (c) Require the delivery of more than one declaration under subsection (1)(b) of this section per household or tenancy; (d) Prohibit the tenant from submitting the declaration in a language other than English if the tenant uses a form available under subsection (4) of this section; or

37

(e) Prohibit the tenant from delivering the declaration under subsection (1)(b) of this

38

section in any manner, format or means available to the tenant, including by sending a copy

39

or photograph of this form by electronic mail or text message.

40 41

(8)(a) If a landlord violates this section or section 3, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4213):

42

(A) A tenant may obtain injunctive relief to recover possession or address any other vi-

43

olation and may recover from the landlord an amount equal to three monthsâ&#x20AC;&#x2122; periodic rent

44

plus any actual damages; and

45

(B) The tenant has a defense to an action for possession by the landlord.

[6]

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HB 4401 1

(b) Notwithstanding ORS 105.137 (4), if a tenant asserts a successful defense under par-

2

agraph (a) of this subsection to an action for possession, the tenant is not entitled to pre-

3

vailing party fees, attorney fees or costs and disbursements if the landlord:

4

(A) Had delivered to the tenant the notice and form described in subsection (3) of this

5

section as required and did not know, and did not have reasonable cause to know, at the time

6

of commencing the action that the tenant had submitted a completed form; and

7

(B) Promptly dismissed the action upon becoming aware of the completed form.

8

SECTION 8. Section 3, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House

9

Bill 4213), is amended to read: Sec. 3. (1) As used in this section and in section 7 of this 2020 third special session Act:

10 11

(a) “Emergency period” means the period beginning on April 1, 2020, and ending on [September

12

30] December 31, 2020, except as the period may be extended through June 30, 2021, under

13

section 7 (1) of this 2020 third special session Act. (b) “End of the grace period” means March 31, 2021, unless the period is extended

14 15

through June 30, 2021, under section 7 (1) of this 2020 third special session Act.

16

[(b)] (c) “Nonpayment” means the nonpayment of a payment that becomes due during the

17

emergency period to a landlord, including a payment of rent, late charges, utility or service charges

18

or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392,

19

90.394, 90.560 to 90.584 or 90.630. [(c)] (d) “Nonpayment balance” includes all or a part of the net total amount of all items of

20 21

nonpayment by a tenant during the emergency period. [(d)] (e) “Termination notice without cause” means a notice delivered by a landlord under ORS

22 23

90.427 (3)(b), (4)(b) or (c), [(5)(a) to (c),] or (8)(a)(B) or (b)(B).

24

(2) [During and after the emergency period and] Before the end of the grace period,

25

notwithstanding this chapter or ORS 105.105 to 105.168, a landlord may not, and may not threaten

26

to:

27 28

(a) Deliver a notice of termination of a rental agreement based on a tenant’s nonpayment balance;

29

(b) Initiate or continue an action under ORS 105.110 to take possession of a dwelling unit based

30

on a notice of termination for nonpayment delivered [on or after April 1, 2020] during the emer-

31

gency period;

32 33 34 35 36

(c) Take any action that would interfere with a tenant’s possession or use of a dwelling unit based on a tenant’s nonpayment balance; (d) Assess a late fee or any other penalty on a tenant’s nonpayment; [or] (e) Report a tenant’s nonpayment balance as delinquent to any consumer credit reporting agency[.]; or

37

(f) File an action to recover the nonpayment balance.

38

(3) Notwithstanding ORS 90.220 (9), before applying payments received from a tenant or on be-

39

half of a tenant to a tenant’s nonpayment balance, a landlord shall first apply the payments, in the

40

following order, to:

41

(a) Rent for the current rental period;

42

(b) Utility or service charges;

43

(c) Late rent payment charges; and

44

(d) Fees or charges owed by the tenant under ORS 90.302 or other fees or charges related to

45

damage claims or other claims against the tenant.

[7]

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[(4) During the emergency period, a landlord may provide a written notice to a tenant stating that

2

the tenant continues to owe any rent due. The notice must also include a statement that eviction for

3

nonpayment is not allowed before September 30, 2020.]

4

[(5)(a)] (4)(a) [During the emergency period] Before June 30, 2021, a landlord may not deliver

5

a termination notice without cause and may not file an action under ORS 105.110 based on a ter-

6

mination notice without cause.

7

(b) If the first year of occupancy would end [during the emergency period] after April 1, 2020,

8

and before August 31, 2021, for the purposes of a termination notice without cause, the “first year

9

of occupancy” is extended to mean a period lasting until [30 days following the emergency period.]

10 11 12

August 31, 2021.

(5)(a) A landlord may deliver a written notice to a tenant before the end of the grace period stating that the tenant continues to owe any rent due.

13

(b) If the emergency period is extended under section 7 (1) of this 2020 third special ses-

14

sion Act, the notice must also include a statement that eviction for nonpayment of rent,

15

charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before June 30,

16

2021.

17 18 19 20 21 22

(c) If the emergency period is not extended under section 7 (1) of this 2020 third special session Act, the notice must also include: (A) A statement that eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to December 31, 2020, is not allowed before March 31, 2021; and (B) A copy of both the notice and declaration form described in section 7 (3) of this 2020 third special session Act.

23

(d) The notice may also include information regarding tenant resources and may offer a

24

voluntary payment plan for the nonpayment balance. If the notice offers a voluntary pay-

25

ment plan, the notice must state that the payment plan is voluntary. The notice may include

26

a request that the tenant contact the landlord to discuss the voluntary payment plan.

27

(6)(a) If a tenancy terminates before the end of the grace period, a landlord may claim

28

from the security deposit or last month’s rent deposit to repay the unpaid rent balance that

29

accrued during the emergency period under ORS 90.300 (7) or (9).

30

(b) Prior to the end of the grace period, a tenant with an unpaid rent balance that ac-

31

crued during the emergency period is not considered to be in default in rent under ORS

32

90.385 (4)(c) or 90.390 (2).

33 34

(c) A landlord’s acceptance of a partial payment of rent before the end of the grace period does not constitute a waiver of a landlord’s right to terminate the tenancy for:

35

(A) A violation of the rental agreement, notwithstanding ORS 90.412 (2); or

36

(B) Nonpayment of the rent balance owed under ORS 90.394 after the end of the grace

37 38 39 40 41 42 43 44 45

period, notwithstanding ORS 90.417 (4). [(6) Following the emergency period, a tenant with an outstanding nonpayment balance has a sixmonth grace period that ends on March 31, 2021, to pay the outstanding nonpayment balance.] [(7) Following the emergency period, a landlord may deliver a written notice to a tenant that substantially states:] [(a) The date that the emergency period ended;] [(b) That if rents and other payments that come due after the emergency period are not timely paid, the landlord may terminate the tenancy;] [(c) That the nonpayment balance that accrued during the emergency period is still due and must

[8]

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be paid;] [(d) That the tenant will not owe a late charge for the nonpayment balance;] [(e) That the tenant is entitled to a six-month grace period to repay the nonpayment balance that ends on March 31, 2021;]

5

[(f) That within a specified date stated in the notice given under this subsection that is no earlier

6

than 14 days following the delivery of the notice, the tenant must pay the nonpayment balance or notify

7

the landlord that the tenant intends to pay the nonpayment balance by the end of the six-month grace

8

period described in subsection (6) of this section;]

9

[(g) That failure of a tenant to give notice to the landlord of utilization of the grace period de-

10

scribed in subsection (6) of this section may result in a penalty described in subsection (10) of this

11

section; and]

12 13

[(h) That rents and other charges or fees that come due after the emergency period must be paid as usual or the landlord may terminate the tenancy under ORS 90.392, 90.394 or 90.630.]

14

[(8)(a) If a landlord gives a notice as described in subsection (7) of this section, a tenant who has

15

an outstanding nonpayment balance as of the date listed on the landlord’s notice as described in sub-

16

section (7)(f) of this section must notify the landlord of the tenant’s intention to use the grace period

17

described in subsection (6) of this section to pay the nonpayment balance.]

18

[(b) The tenant’s notice under this subsection must be actual notice described in ORS 90.150 or

19

notice given by electronic means, and must be given to the landlord by the date given in the landlord’s

20

notice as described in subsection (7)(f) of this section.]

21

[(9) The landlord’s notice described in subsection (7) of this section may offer an alternate volun-

22

tary payment plan for payment of the nonpayment balance, but the notice must state that the alternate

23

payment plan is voluntary.]

24

[(10) A tenant’s failure to give the notice required by subsection (8) of this section to a landlord

25

entitles the landlord to recover damages equal to 50 percent of one month’s rent following the grace

26

period.]

27

[(11) If a landlord violates this section, a tenant may obtain injunctive relief to recover possession

28

or address any other violation of this section and may recover from the landlord an amount up to three

29

months’ periodic rent plus any actual damages.]

30

[(12) ORS 90.412 does not apply to a landlord that accepts a partial rent payment.]

31

SECTION 9. ORS 90.385 is amended to read:

32

90.385. (1) Except as provided in this section, a landlord may not retaliate by increasing rent

33

or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening

34

to bring an action for possession after:

35

(a) The tenant has complained to, or expressed to the landlord in writing an intention to com-

36

plain to, a governmental agency charged with responsibility for enforcement of any of the following

37

concerning a violation applicable to the tenancy:

38

(A) A building, health or housing code materially affecting health or safety;

39

(B) Laws or regulations concerning the delivery of mail; or

40

(C) Laws or regulations prohibiting discrimination in rental housing;

41

(b) The tenant has made any complaint to the landlord that is in good faith and related to the

42

tenancy;

43

(c) The tenant has organized or become a member of a tenants’ union or similar organization;

44

(d) The tenant has testified against the landlord in any judicial, administrative or legislative

45

proceeding;

[9]

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(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because: (A) The termination notice by the landlord was not served or delivered in the manner required

by ORS 90.155; or (B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or

7

(f) The tenant has performed or expressed intent to perform any other act for the purpose of

8

asserting, protecting or invoking the protection of any right secured to tenants under any federal,

9

state or local law.

10

(2) As used in subsection (1) of this section, “decreasing services” includes:

11

(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of

12

common areas or facilities by tenant associations or tenants meeting to establish a tenant organ-

13

ization; and

14 15

(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.

16

(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to [the

17

remedies provided in ORS 90.375] recover an amount equal to up to three months’ periodic rent

18

or three times the actual damages sustained by the tenant and has a defense in any retaliatory

19

action against the tenant for possession.

20 21

(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:

22

(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an

23

unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of

24

unreasonably harassing the landlord. A determination whether the manner, time or effect of a com-

25

plaint was unreasonable shall include consideration of all related circumstances preceding or

26

contemporaneous to the complaint;

27

(b) The violation of the applicable building or housing code was caused primarily by lack of

28

reasonable care by the tenant or other person in the household of the tenant or upon the premises

29

with the consent of the tenant;

30 31 32 33 34 35 36 37 38 39

(c) The tenant was in default in rent at the time of the service of the notice upon which the action is based; or (d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.

(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.

(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 shall not be considered to be in default in rent.

(7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (2).

40

SECTION 10. ORS 90.394 is amended to read:

41

90.394. The landlord may terminate the rental agreement for nonpayment of rent and take pos-

42

session as provided in ORS 105.105 to 105.168, as follows:

43

(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’

44

written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the

45

rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth

[10]

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day of the rental period, including the first day the rent is due.

(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:

2 3

(a) At least [72 hours’] 10 days’ written notice of nonpayment and the landlord’s intention to

4

terminate the rental agreement if the rent is not paid within that period. The landlord shall give this

5

notice no sooner than on the eighth day of the rental period, including the first day the rent is due;

6

or

7

(b) At least [144 hours’] 13 days’ written notice of nonpayment and the landlord’s intention to

8

terminate the rental agreement if the rent is not paid within that period. The landlord shall give this

9

notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

10 11 12

(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(4) Payment by a tenant who has received a notice under this section is timely if mailed to the

13

landlord within the period of the notice unless:

14

(a) The notice is served on the tenant:

15

(A) By personal delivery as provided in ORS 90.155 (1)(a); or

16

(B) By first class mail and attachment as provided in ORS 90.155 (1)(c);

17

(b) A written rental agreement and the notice expressly state that payment is to be made at a

18

specified location that is either on the premises or at a place where the tenant has made all previ-

19

ous rent payments in person; and

20 21 22

(c) The place so specified is available to the tenant for payment throughout the period of the notice.

SECTION 11. ORS 90.160 is amended to read:

23

90.160. (1) Notwithstanding ORCP 10 and not including the seven-day and four-day waiting pe-

24

riods provided in ORS 90.394, where there are references in this chapter to periods and notices

25

based on a number of days, those days shall be calculated by consecutive calendar days, not in-

26

cluding the initial day of service, but including the last day until 11:59 p.m. Where there are refer-

27

ences in this chapter to periods or notices based on a number of hours, those hours shall be

28

calculated in consecutive clock hours, beginning immediately upon service.

29

(2) Notwithstanding subsection (1) of this section, for [72-hour or 144-hour] nonpayment notices

30

whose periods are based on a number of hours under ORS 90.394 that are served pursuant to

31

ORS 90.155 (1)(c), the time period described in subsection (1) of this section begins at 11:59 p.m. the

32

day the notice is both mailed and attached to the premises. [The time period shall end 72 hours or

33

144 hours, as the case may be, after the time started to run at 11:59 p.m.]

34

SECTION 12. ORS 90.417 is amended to read:

35

90.417. (1) A tenant’s duty regarding rent payments is to tender to the landlord an offer of the

36

full amount of rent owed within the time allowed by law and by the rental agreement provisions

37

regarding payment. A landlord may refuse to accept a rent tender that is for less than the full

38

amount of rent owed or that is untimely.

39

(2) A landlord may accept a partial payment of rent. The acceptance of a partial payment of rent

40

in a manner consistent with subsection (4) of this section does not constitute a waiver under ORS

41

90.412 (2)(b) of the landlord’s right to terminate the tenancy under ORS 90.394 for nonpayment of

42

the balance of the rent owed.

43

(3) A landlord and tenant may by written agreement provide that monthly rent shall be paid in

44

regular installments of less than a month pursuant to a schedule specified in the agreement.

45

stallment rent payments described in this subsection are not partial payment of rent for purposes

[11]

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of this section.

(4) The acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent unless:

4

(a)(A) The landlord accepted the partial payment of rent before the landlord gave a nonpayment

5

of rent termination notice under ORS 90.394 based on the tenant’s agreement to pay the balance by

6

a time certain and the tenant does not pay the balance of the rent as agreed;

7 8

(B) The landlord’s notice of termination is served no earlier than it would have been permitted under ORS 90.394 had no rent been accepted; and

9

(C) The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent

10

by paying the balance within [72 hours or 144 hours, as the case may be,] the time period allowed

11

under ORS 90.394 or by any date to which the parties agreed, whichever is later; or

12

(b) The landlord accepted a partial payment of rent after giving a nonpayment of rent termi-

13

nation notice under ORS 90.394 and entered into a written agreement with the tenant that the ac-

14

ceptance does not constitute waiver. The agreement may provide that the landlord may terminate

15

the rental agreement and take possession as provided in ORS 105.105 to 105.168 without serving a

16

new notice under ORS 90.394 if the tenant fails to pay the balance of the rent by a time certain.

17 18 19 20

(5) Application of a tenant’s security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent.

(6) Notwithstanding any acceptance of a partial payment of rent under subsection (4) of this section, the tenant continues to owe the landlord the unpaid balance of the rent.

21

SECTION 13. ORS 105.113 is amended to read:

22

105.113. (1) Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 ap-

23

plies, the summons must be in substantially the following form and be available from the court clerk:

24

_______________________________________________________________________________________

25 26

IN THE CIRCUIT COURT

27

FOR THE COUNTY OF

28

No.

29 30 31

SUMMONS

32

RESIDENTIAL EVICTION

33 34

PLAINTIFF (Landlord or agent):

35 36 37 38 39 40

vs.

41 42

DEFENDANT (Tenants/Occupants):

43 44 45

[12]

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HB 4401 1 2 3

TO:

(Street address and city of property occupied by defendant) (Mailing address if different)

4 5 6

NOTICE TO TENANTS:

7

READ THESE PAPERS CAREFULLY

8

YOUR LANDLORD WANTS TO

9

EVICT YOU

10 11

ON

12

located at

, 2

AT

A.M./P.M., you must come to the County Court House

. You do not have to pay any fees to the court for this first hearing.

13

• If you do not appear in court and your landlord does, your landlord will win automatically and

14 15

can have the Sheriff physically remove you.

16

• If you do show up in court and your landlord does not, this eviction action will be dropped.

17 18

• If both of you show up:

19 20 21

• The judge may ask you to try to reach an agreement with your landlord, but this is vol-

22

untary. Trained mediators may be available free of charge to help resolve disputes.

23 24

• The court will schedule a trial if you and your landlord do not reach an agreement or if

25

you do not agree to move out.

26 27

IF YOU WANT A TRIAL, YOU MUST:

28

• Show up in court at the time scheduled above;

29 30

• On the same day, file an Answer with the Court giving a legal reason why you should not be

31 32

evicted (the Court can give you a form);

33

• Give a copy of the Answer to your landlord (or your landlord’s agent or attorney); and

34 35

• Pay a filing fee of $

36 37

(the judge may allow payment to be deferred in certain circum-

stances).

38 39

IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need

40

help finding an attorney, you can contact the Oregon State Bar’s Lawyer Referral Service online

41

at [www.oregonstatebar.org]

42

the

43

Portland

metropolitan

(current website) or by calling [503-684-3763 (in area)

or

toll-free

elsewhere

in

Oregon

at

800-452-7636]

(current phone numbers).

44 45

If you are being evicted for nonpayment of rent or other charges or fees, the enclosed notice

[13]

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and declaration form have additional information on protection from eviction for nonpay-

2

ment.

3 4 5

Signature of Plaintiff (landlord or agent)

6 7

Plaintiffâ&#x20AC;&#x2122;s address:

8 9 10 11 12 13

Plaintiffâ&#x20AC;&#x2122;s telephone number:

14 15 16

_______________________________________________________________________________________

17 18 19 20 21 22 23 24

(2) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with the summons.

(3) A copy of the notice and declaration form under section 7 (3) of this 2020 third special session Act must be attached to each copy of the summons.

SECTION 14. ORS 105.115 is amended to read: 105.115. (1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110, 105.123 and 105.126:

25

(a) When the tenant or person in possession of any premises fails or refuses to pay rent within

26

10 days after the rent is due under the lease or agreement under which the tenant or person in

27

possession holds, or to deliver possession of the premises after being in default on payment of rent

28

for 10 days.

29

(b) When the lease by its terms has expired and has not been renewed, or when the tenant or

30

person in possession is holding from month to month, or year to year, and remains in possession

31

after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or covenant

32

of the lease or is holding possession without any written lease or agreement.

33

(c) When the owner or possessor of a recreational vehicle that was placed or driven onto prop-

34

erty without the prior consent of the property owner, operator or tenant fails to remove the recre-

35

ational vehicle. The property owner or operator is not required to serve a notice to quit the

36

property before commencing an action under ORS 105.126 against a recreational vehicle owner or

37

possessor holding property by force as described in this paragraph.

38

(d) When the person in possession of a premises remains in possession after the time when a

39

purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946

40

or 86.782.

41

(e) When the person in possession of a premises remains in possession after the time when a

42

deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the

43

premises.

44

(f) When the person in possession of a premises remains in possession after the time when a

45

seller is entitled to possession in accordance with the provisions of ORS 93.930 (2)(c) or pursuant

[14]

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to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest

2

in real property.

3

(g) When the person in possession of a premises remains in possession after the expiration of a

4

valid notice terminating the personâ&#x20AC;&#x2122;s right to occupy the premises pursuant to ORS 91.120, 91.122

5

or 91.130.

6 7 8

(2) In the case of a dwelling unit to which ORS chapter 90 applies: (a) The following are causes of unlawful holding by force within the meaning of ORS 105.110 and 105.123:

9

(A) When the tenant or person in possession of any premises fails or refuses to pay rent within

10

[72 hours or 144 hours, as the case may be, of the notice] the time period required by a notice under

11

ORS 90.394.

12

(B) When a rental agreement by its terms has expired and has not been renewed, or when the

13

tenant or person in possession remains in possession after a valid notice terminating the tenancy

14

pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental

15

agreement or ORS chapter 90.

16

(b) A landlord may not file an action for the return of possession of a dwelling unit based upon

17

a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the

18

expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period

19

provided in a notice terminating the tenancy.

20 21

(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to determine the rights of the parties, including:

22

(a) Whether and in what amount rent is due;

23

(b) Whether a tenancy or rental agreement has been validly terminated; and

24

(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as pro-

25 26 27 28 29

vided by ORS 90.385 and 90.765.

SECTION 15. ORS 105.124 is amended to read: 105.124. For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: (1) The complaint must be in substantially the following form and be available from the clerk

30

of the court:

31

_______________________________________________________________________________________

32 33

IN THE CIRCUIT COURT

34

FOR THE COUNTY OF

35

No.

36 37

RESIDENTIAL EVICTION COMPLAINT

38 39 40

PLAINTIFF (Landlord or agent):

41 42 43

Address:

44

City:

45

State:

Zip:

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Telephone:

2

vs.

3 4 5

DEFENDANT (Tenants/Occupants):

6 7 8

MAILING ADDRESS:

9

City:

10

State:

Zip:

11

Telephone:

12

1.

13

Tenants are in possession of the dwelling unit, premises or rental property described above or

14 15

located at:

16 17 18

2.

19

Landlord is entitled to possession of the property because of:

20 21 22

24-hour notice for personal

23

injury, substantial damage, extremely

24

outrageous act or unlawful occupant.

25

ORS 90.396 or 90.403.

26

24-hour or 48-hour notice for

27

violation of a drug or alcohol

28

program. ORS 90.398.

29

24-hour notice for perpetrating

30

domestic violence, sexual assault or stalking. ORS 90.445.

31 32

[

72-hour or 144-hour notice for]

33

[

nonpayment of rent. ORS 90.394.]

34

7-day notice with stated cause in

35

a week-to-week tenancy. ORS 90.392 (6).

36

10-day notice for a pet violation,

37

a repeat violation in a month-to-month

38

tenancy or without stated cause in a

39

week-to-week tenancy. ORS 90.392 (5),

40

90.405 or 90.427 (2).

41

10-day or 13-day notice for nonpayment

42

of rent. ORS 90.394.*

43

20-day notice for a repeat violation.

44

ORS 90.630 (5).

45

30-day, 60-day or 180-day notice without

[16]

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HB 4401 1

stated cause in a month-to-month

2

tenancy. ORS 90.427 (3)(b) or (8)(a)(B)

3

or (C) or 90.429.

4

30-day notice with stated cause.

5

ORS 90.392, 90.630 or 90.632.*

6

60-day notice with stated cause.

7

ORS 90.632.

8

90-day notice with stated cause.

9

ORS 90.427 (5) or (7).

10

Notice to bona fide tenants after

11

foreclosure sale or termination of

12

fixed term tenancy after foreclosure

13

sale. ORS 86.782 (6)(c).

14

Other notice

15

No notice (explain)

16 17

A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED

18 19

*If the notice is for nonpayment of rent or other charges or fees and was given on or

20

before June 30, 2021, the landlord must attach a copy of the declaration of compliance re-

21

quired under section 7 (5) of this 2020 third special session Act to this complaint.

22

3.

23 24 25 26 27 28 29

If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the landlord can collect attorney fees from the defendant pursuant to ORS 90.255 and 105.137 (3).

Landlord requests judgment for possession of the premises, court costs, disbursements and attorney fees.

I certify that the allegations and factual assertions in this complaint are true to the best of my knowledge.

30 31 32

Signature of landlord or agent.

33

_______________________________________________________________________________________

34 35

(2) The complaint must be signed by the plaintiff, or an attorney representing the plaintiff as

36

provided by ORCP 17, or verified by an agent or employee of the plaintiff or an agent or employee

37

of an agent of the plaintiff.

38

(3) A copy of the notice relied upon, if any, must be attached to the complaint.

39

SECTION 16. Section 7 of this 2020 third special session Act and the amendments to ORS

40

90.160, 90.385, 90.394, 90.417, 105.113, 105.115 and 105.124 and section 3, chapter 13, Oregon

41

Laws 2020 (first special session) (Enrolled House Bill 4213), by sections 8 to 15 of this 2020

42

third special session Act become operative on January 1, 2021.

43 44 45

SECTION 17. Section 7, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill 4213), is amended to read: Sec. 7. Notwithstanding ORS 12.125, the period of limitation is tolled until [March 31] July 1,

[17]

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Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

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HB 4401 1

2021, for claims by a landlord based on a tenant’s nonpayment or nonpayment balance, both as de-

2

fined in section 3, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill

3

4213) [of this 2020 special session Act].

4

EVICTION MORATORIUM SUNSET

5 6 7 8

SECTION 18. ORS 90.385, as amended by section 9 of this 2020 third special session Act, is amended to read:

9

90.385. (1) Except as provided in this section, a landlord may not retaliate by increasing rent

10

or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening

11

to bring an action for possession after:

12

(a) The tenant has complained to, or expressed to the landlord in writing an intention to com-

13

plain to, a governmental agency charged with responsibility for enforcement of any of the following

14

concerning a violation applicable to the tenancy:

15

(A) A building, health or housing code materially affecting health or safety;

16

(B) Laws or regulations concerning the delivery of mail; or

17

(C) Laws or regulations prohibiting discrimination in rental housing;

18

(b) The tenant has made any complaint to the landlord that is in good faith and related to the

19

tenancy;

20

(c) The tenant has organized or become a member of a tenants’ union or similar organization;

21

(d) The tenant has testified against the landlord in any judicial, administrative or legislative

22 23 24 25 26 27 28

proceeding; (e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because: (A) The termination notice by the landlord was not served or delivered in the manner required

by ORS 90.155; or (B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or

29

(f) The tenant has performed or expressed intent to perform any other act for the purpose of

30

asserting, protecting or invoking the protection of any right secured to tenants under any federal,

31

state or local law.

32

(2) As used in subsection (1) of this section, “decreasing services” includes:

33

(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of

34

common areas or facilities by tenant associations or tenants meeting to establish a tenant organ-

35

ization; and

36 37 38

(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.

(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to

39

[recover an amount equal to up to three months’ periodic rent or three times the actual damages sus-

40

tained by the tenant] the remedies provided in ORS 90.375 and has a defense in any retaliatory

41

action against the tenant for possession.

42 43

(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:

44

(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an

45

unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of

[18]

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HB 4401 1

unreasonably harassing the landlord. A determination whether the manner, time or effect of a com-

2

plaint was unreasonable shall include consideration of all related circumstances preceding or

3

contemporaneous to the complaint;

4

(b) The violation of the applicable building or housing code was caused primarily by lack of

5

reasonable care by the tenant or other person in the household of the tenant or upon the premises

6

with the consent of the tenant; (c) The tenant was in default in rent at the time of the service of the notice upon which the

7 8

action is based; or (d) Compliance with the applicable building or housing code requires alteration, remodeling or

9 10

demolition which would effectively deprive the tenant of use of the dwelling unit.

(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered

11 12

a complaint by the tenant.

(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court

13 14

pursuant to ORS 90.370 shall not be considered to be in default in rent.

(7) The maintenance of an action under subsection (4) of this section does not release the land-

15 16

lord from liability under ORS 90.360 (2).

SECTION 19. ORS 90.394, as amended by section 10 of this 2020 third special session Act, is

17 18

amended to read: 90.394. The landlord may terminate the rental agreement for nonpayment of rent and take pos-

19 20

session as provided in ORS 105.105 to 105.168, as follows:

21

(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’

22

written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the

23

rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth

24

day of the rental period, including the first day the rent is due.

25

(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:

26

(a) At least [10 days’] 72 hours’ written notice of nonpayment and the landlord’s intention to

27

terminate the rental agreement if the rent is not paid within that period. The landlord shall give this

28

notice no sooner than on the eighth day of the rental period, including the first day the rent is due;

29

or

30

(b) At least [13 days’] 144 hours’ written notice of nonpayment and the landlord’s intention to

31

terminate the rental agreement if the rent is not paid within that period. The landlord shall give this

32

notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

33 34 35

(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.

(4) Payment by a tenant who has received a notice under this section is timely if mailed to the

36

landlord within the period of the notice unless:

37

(a) The notice is served on the tenant:

38

(A) By personal delivery as provided in ORS 90.155 (1)(a); or

39

(B) By first class mail and attachment as provided in ORS 90.155 (1)(c);

40

(b) A written rental agreement and the notice expressly state that payment is to be made at a

41

specified location that is either on the premises or at a place where the tenant has made all previ-

42

ous rent payments in person; and

43 44 45

(c) The place so specified is available to the tenant for payment throughout the period of the notice.

SECTION 20. ORS 105.113, as amended by section 13 of this 2020 third special session Act, is

[19]

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HB 4401 1

amended to read:

2

105.113. (1) Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 ap-

3

plies, the summons must be in substantially the following form and be available from the court clerk:

4

_______________________________________________________________________________________

5 6

IN THE CIRCUIT COURT

7

FOR THE COUNTY OF

8

No.

9 10 11

SUMMONS

12

RESIDENTIAL EVICTION

13 14

PLAINTIFF (Landlord or agent):

15 16 17 18 19

vs.

20 21 22

DEFENDANT (Tenants/Occupants):

23 24 25 26 27 28

TO:

(Street address and city of property occupied by defendant) (Mailing address if different)

29 30 31

NOTICE TO TENANTS:

32

READ THESE PAPERS CAREFULLY

33

YOUR LANDLORD WANTS TO

34

EVICT YOU

35

, 2

36

ON

37

located at

AT

A.M./P.M., you must come to the County Court House

. You do not have to pay any fees to the court for this first hearing.

38 39 40

• If you do not appear in court and your landlord does, your landlord will win automatically and can have the Sheriff physically remove you.

41 42

• If you do show up in court and your landlord does not, this eviction action will be dropped.

43 44

• If both of you show up:

45

[20]

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HB 4401 1

• The judge may ask you to try to reach an agreement with your landlord, but this is vol-

2

untary. Trained mediators may be available free of charge to help resolve disputes.

3 4

• The court will schedule a trial if you and your landlord do not reach an agreement or if

5

you do not agree to move out.

6 7

IF YOU WANT A TRIAL, YOU MUST:

8

• Show up in court at the time scheduled above;

9 10

• On the same day, file an Answer with the Court giving a legal reason why you should not be

11 12

evicted (the Court can give you a form);

13

• Give a copy of the Answer to your landlord (or your landlord’s agent or attorney); and

14 15

• Pay a filing fee of $

16 17

(the judge may allow payment to be deferred in certain circum-

stances).

18 19

IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need

20

help finding an attorney, you can contact the Oregon State Bar’s Lawyer Referral Service online

21

at

22

bers).

(current website) or by calling

(current phone num-

23 24

[If you are being evicted for nonpayment of rent or other charges or fees, the enclosed notice and dec-

25

laration form have additional information on protection from eviction for nonpayment.]

26 27 28

Signature of Plaintiff (landlord or agent)

29 30

Plaintiff’s address:

31 32 33 34 35 36

Plaintiff’s telephone number:

37 38 39

_______________________________________________________________________________________

40 41 42 43 44 45

(2) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with the summons. [(3) A copy of the notice and declaration form under section 7 (3) of this 2020 third special session Act must be attached to each copy of the summons.]

SECTION 21. ORS 105.124, as amended by section 15 of this 2020 third special session Act, is

[21]

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Page 46 of 48

HB 4401 1 2 3 4

amended to read: 105.124. For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: (1) The complaint must be in substantially the following form and be available from the clerk

5

of the court:

6

_______________________________________________________________________________________

7 8

IN THE CIRCUIT COURT

9

FOR THE COUNTY OF

10

No.

11 12

RESIDENTIAL EVICTION COMPLAINT

13 14 15

PLAINTIFF (Landlord or agent):

16 17 18

Address:

19

City:

20

State:

21

Telephone:

Zip:

22 23

vs.

24 25

DEFENDANT (Tenants/Occupants):

26 27 28

MAILING ADDRESS:

29

City:

30

State:

31

Telephone:

Zip:

32

1.

33 34 35

Tenants are in possession of the dwelling unit, premises or rental property described above or located at:

36 37 38

2.

39 40

Landlord is entitled to possession of the property because of:

41 42

24-hour notice for personal

43

injury, substantial damage, extremely

44

outrageous act or unlawful occupant.

45

ORS 90.396 or 90.403.

[22]

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Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

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HB 4401 1

24-hour or 48-hour notice for

2

violation of a drug or alcohol

3

program. ORS 90.398.

4

24-hour notice for perpetrating

5

domestic violence, sexual assault or

6

stalking. ORS 90.445.

7

72-hour or 144-hour notice for

8

nonpayment of rent. ORS 90.394.

9

7-day notice with stated cause in

10

a week-to-week tenancy. ORS 90.392 (6).

11

10-day notice for a pet violation,

12

a repeat violation in a month-to-month

13

tenancy or without stated cause in a

14

week-to-week tenancy. ORS 90.392 (5), 90.405 or 90.427 (2).

15 16

[

10-day or 13-day notice for nonpayment]

17

[

of rent. ORS 90.394.*]

18

20-day notice for a repeat violation.

19

ORS 90.630 (5).

20

30-day, 60-day or 180-day notice without

21

stated cause in a month-to-month

22

tenancy. ORS 90.427 (3)(b) or (8)(a)(B)

23

or (C) or 90.429.

24

30-day notice with stated cause.

25

ORS 90.392, 90.630 or 90.632.[*]

26

60-day notice with stated cause.

27

ORS 90.632.

28

90-day notice with stated cause.

29

ORS 90.427 (5) or (7).

30

Notice to bona fide tenants after

31

foreclosure sale or termination of

32

fixed term tenancy after foreclosure

33

sale. ORS 86.782 (6)(c).

34

Other notice

35

No notice (explain)

36 37

A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED

38 39

[* If the notice is for nonpayment of rent or other charges or fees and was given on or before June

40

30, 2021, the landlord must attach a copy of the declaration of compliance required under section 7 (5)

41

of this 2020 third special session Act to this complaint.]

42

3.

43 44 45

If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the landlord can collect attorney fees from the defendant pursuant to ORS 90.255 and 105.137 (3).

[23]

Exhibit 11 Page 23 of 24

Case 3:20-cv-02226-YY

Document 1-3

Filed 12/21/20

Page 48 of 48

HB 4401 1 2 3 4

Landlord requests judgment for possession of the premises, court costs, disbursements and attorney fees.

I certify that the allegations and factual assertions in this complaint are true to the best of my knowledge.

5 6 7

Signature of landlord or agent.

8

_______________________________________________________________________________________

9 10

(2) The complaint must be signed by the plaintiff, or an attorney representing the plaintiff as

11

provided by ORCP 17, or verified by an agent or employee of the plaintiff or an agent or employee

12

of an agent of the plaintiff.

13

(3) A copy of the notice relied upon, if any, must be attached to the complaint.

14

SECTION 22. The amendments to ORS 90.385, 90.394, 105.113 and 105.124 by sections 18

15

to 21 of this 2020 third special session Act become operative on July 1, 2021.

16

SECTION 23. Section 7 of this 2020 third special session Act is repealed on July 1, 2021.

17

SECTION 24. Section 4, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House

18

Bill 4213), is amended to read:

19

Sec. 4. Section 3, chapter 13, Oregon Laws 2020 (first special session) (Enrolled House Bill

20

4213), as amended by section 8 of this 2020 third special session Act [of this 2020 special session

21

Act] is repealed on [March 31,] September 1, 2021.

22 23

UNIT CAPTIONS

24 25

SECTION 25. The unit captions used in this 2020 third special session Act are provided

26

only for the convenience of the reader and do not become part of the statutory law of this

27

state or express any legislative intent in the enactment of this 2020 third special session Act.

28 29

EMERGENCY CLAUSE

30 31

SECTION 26. This 2020 third special session Act being necessary for the immediate

32

preservation of the public peace, health and safety, an emergency is declared to exist, and

33

this 2020 third special session Act takes effect on its passage.

34

[24]

Exhibit 11 Page 24 of 24