Oregon Revised Statutes Chapter 456 § 456.788 — Termination date notice to tenants; extension for failure to give timely

Termination date notice to tenants; extension for failure to give timely notice. (1) In addition to notices given under ORS 456.781 and 456.814, the owner of publicly supported housing as described in ORS 456.766 (6)(a)(B) in which the Housing and Community Services Department is a party to the contract must provide notice to the tenants under this section before the owner withdraws the participating property from publicly supported housing. (2) The notice required under this section must be in substantially the form prescribed by the department by rule and must include: (a) That the owner intends to withdraw the property from publicly supported housing upon the specified termination date; (b) An explanation and any expiration date of any safe harbor provisions which may allow the tenant to retain the tenancy after the affordability restriction is terminated, including the provisions of ORS 456.792; (c) Information about tenant resources, as may be required by the department by rule; (d) Information, in each of the five most commonly spoken languages in Oregon other than English, on how to view a translation of the notice on the department’s website that is written in each of those languages; and (e) Other information required by the department by rule. (3) The notice required under this section must be delivered no more than 36 months and at least 30 months before the termination date by: (a) First class mail to: (A) Any tenant residing at the participating property at the tenant’s mailing address; and (B) The Director of the Housing and Community Services Department; and (b) Posting the notice in a common area of the property. (4) During the period 30 months prior to the termination date, the owner shall give a copy of the notice required under this section to any prospective tenant of the property before the owner or landlord may assess a screening charge under ORS 90.295 or enter into a rental agreement. (5) For each tenant to whom the owner fails to give a notice as required under this section, the owner shall: (a) Extend the termination date until no earlier than 30 months after delivery of the notice to the tenant; and (b) Provide notice of the extension to the department. [Formerly 456.259] Note: Section 10 (2) and (3), chapter 56, Oregon Laws 2021, provides: Sec. 10. (2) ORS 456.259 [renumbered 456.788], as in effect on December 31, 2025, ORS 456.261 [renumbered 456.804] and 456.267 [renumbered 456.792] and the amendments to ORS 456.264 [renumbered 456.797] by section 8, chapter 56, Oregon Laws 2021, and section 10, chapter 389, Oregon Laws 2023, apply to participating properties with a termination date on or after July 27, 2023, except as provided under subsection (3) of this section and except that if the termination date is earlier than March 27, 2025: (a) The notices required under ORS 456.259 (3) and (4) [renumbered 456.788 (3) and (4)] must be given no later than 30 days after July 27, 2023. (b) An owner’s failure to comply with ORS 456.259 (3) or (4) [renumbered 456.788 (3) and (4)] by the deadline in paragraph (a) of this subsection may be remedied only by a tenant’s recovery of damages, costs and attorney fees as described in ORS