Oregon Revised Statutes Chapter 90 § 90.600 — Increases in rent; limitations; notice; meeting with tenants; effect of failure

Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet. (1) If a rental agreement is a month-to-month tenancy to which ORS 90.505 to 90.850 apply, the landlord may not increase the rent: (a) Without giving each affected tenant notice in writing at least 90 days prior to the effective date of the rent increase; (b) More than once in any 12-month period; or (c) By a percentage greater than the maximum calculated under ORS 90.324 (1). (2) The written notice required by subsection (1)(a) of this section must specify: (a) The amount of the rent increase; (b) The amount of the new rent; (c) Facts supporting the exemption authorized by subsection (3) of this section, if the increase is above the amount allowed in subsection (1)(c) of this section; and (d) The date on which the increase becomes effective. (3) A rent increase is not subject to subsection (1)(c) of this section if: (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent: (A) Does not increase the tenant’s portion of the rent; or (B) Is required by program eligibility requirements or by a change in the tenant’s income; or (c) The rent increase is: (A) For a facility with more than 30 spaces; (B) Not greater than 12 percent; (C) In lieu of and not in addition to a rent increase allowed within the 12-month period as described in subsection (1) of this section; (D) Occurring at least five years following a previous rent increase authorized under this paragraph, if any; (E) Related to a significant project to add, replace, repair or upgrade infrastructure for the facility; (F) Approved by a written affirmative vote of 51 percent of the spaces in the facility that are occupied by tenants on a vote that contains the signature and identifies the space of the voter; (G) Approved by votes under subparagraph (F) of this paragraph that are collected: (i) At least 30 days after the landlord has provided in writing to each tenant the proposed infrastructure project, a documented estimate of the cost of the project, an estimated timeline for the start and completion date for the project and the estimate of the rent increase necessary to cover the cost of the improvement; and (ii) At least 14 days after the landlord has met with the tenants to discuss the proposal; and (H) Fully refunded to tenants by the landlord, without demand, less the maximum allowable rent increase under ORS 90.324, if the project is not substantially completed as described in the notice under subparagraph (G)(i) of this paragraph within 12 months of the estimated completion date in the notice. (4) A landlord that increases rent in violation of subsection (1)(c) of this section shall be liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant. (5) This section does not create a right to increase rent that does not otherwise exist. (6) This section does not require a landlord to compromise, justify or reduce a rent increase that the landlord otherwise is entitled to impose. (7) Neither ORS