Oregon Revised Statutes Chapter 90 § 90.303 — Evaluation of applicant

Evaluation of applicant. (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted in a general judgment against the applicant that was: (A) Entered five or more years before the applicant submits the application; or (B) Entered on claims that arose on or after April 1, 2020, and before March 1, 2022. (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and: (a) The applicant was convicted of the charges; or (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect: (A) Property of the landlord or a tenant; or (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. (5) When evaluating an applicant, a landlord may not consider an applicant’s unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022. (6) When evaluating an applicant, a landlord may not: (a) Inquire about the immigration or citizenship status of an applicant or a member of the applicant’s household; or (b) Reject an application because an applicant or a member of the applicant’s household does not produce a Social Security number or prove lawful presence in the United States, provided that the applicant agrees to provide identification as provided in ORS 90.306. [2013 c.294 §3; 2019 c.268 §1; 2021 c.39 §8; 2021 c.577 §2; 2025 c.226 §4] Note: The amendments to 90.303 by section 10, chapter 39, Oregon Laws 2021, become operative January 2, 2028. See section 12, chapter 39, Oregon Laws 2021. The text that is operative on and after January 2, 2028, including amendments by section 5, chapter 226, Oregon Laws 2025, is set forth for the user’s convenience. 90.303. (1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. (b) Resulted in a general judgment against the applicant that was entered five or more years before the applicant submits the application. (2) When evaluating the applicant, a landlord may consider a previous arrest of the applicant only if the arrest resulted in charges for criminal conduct as described in subsection (3) of this section and: (a) The applicant was convicted of the charges; or (b) The charges are pending and the applicant is not presently participating in a diversion, conditional discharge or deferral of judgment program on the charges. (3) When evaluating the applicant, the landlord may consider criminal convictions or pending charges only for conduct that is presently illegal in this state and is: (a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana; (b) A person crime; (c) A sex offense; (d) A crime involving financial fraud, including identity theft and forgery; or (e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect: (A) Property of the landlord or a tenant; or (B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent. (4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. (5) When evaluating an applicant, a landlord may not: (a) Inquire about the immigration or citizenship status of an applicant or a member of the applicant’s household; or (b) Reject an application because an applicant or a member of the applicant’s household does not produce a Social Security number or prove lawful presence in the United States, provided that the applicant agrees to provide identific