On March 29, 2023, Governor Tina Kotek signed House Bill 2001 (HB2001) which makes key changes to the eviction process.
HB 2001 defines ‘nonpayment’ as nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charges or fee as described in the rental agreement. As defined under HB 2001, ‘nonpayment’ does not include payments owed by a tenant for damages to the premises.
Important requirements and changes made by HB 2001 include, in part:
When serving a notice of termination for nonpayment of rent per ORS 90.394, HB 2001 increases notice period from 72-hours to 10-days or from 144-hours to 13-days
Requires the landlord to deliver a copy of a newly created notice when serving the tenant with any termination notice related to non-payment, whether under ORS 90.392 or ORS 90.394. This notice will be posted on the website of the Oregon Judicial Department. (Download form) This notice is in addition to any other notices required by ORS 90 and Portland City Code.
Extends the time a tenant is able to cure the nonpayment cited in a termination issued under ORS 90.392 or ORS 90.394 up to the first appearance in court.
Requires the landlord to reasonably participate with rental assistance programs.
Housing providers may need to update business forms in relation to terminations issued under ORS 90.394 and the newly required notice.
HB 2001 takes effect immediately.
Housing providers and tenants with questions about how HB2001 applies to a specific situation should consult a legal professional.