Rental Owners Association

Lane County


Phase 1 of Eugene's New Housing Ordinance PASSED
Signed July 13th and goes into effect August 13th, 2022
Click on this link to read Phase 1: Phase 1 - City Council Ordinance Passed 7-13-22


READ ALL ABOUT IT!!!

A Landlord Provided Cooling Space Initiative from Energy Trust of Oregon:

NEWS ALERT from Energy Trust of Oregon.pdf


For Your 2021 Tax RECORDS:   Lane ROA Members, 92.58%  of your 2021 membership dues are TAX DEDUCTIBLE! 

MAXIMUM Allowable rent incr​ease percentage for the 2022 calendar year is 9.9%
(7% + CPI of 2.9%)

Oregon Maximum Annual Rent Increase for 2022


A Message from your Lane ROA President: July 2022  

Hooray! We’re finally through what we hope will be the last of the pandemic-related restrictions on landlords. For more than two years, we have been pummeled with an ever-changing overlay of extreme provisions that were designed to keep renters in their homes but created an expensive nightmare for many landlords. Remember, though, that while landlords are not required to include the IMPORTANT NOTICE for nonpayment notices on or after July 1, 2022, you are still required to use 10- or 13-day notices for nonpayment through September 30, 2022.

The silver lining of the pandemic for housing providers was the inability of radical tenant advocates to enact their over-the-top agenda for exacerbating the housing crisis. Of course, they don’t see it that way. From their perspective the reason for the housing crisis lies at the feet of ‘bad’ landlords (the minority of landlords); therefore, all their ideas involve ‘solutions’ that make it harder for us (the largest group of small business owners in the state) to remove ‘bad’ tenants (the minority of tenants) who violate their agreements.

And what is next in store? Great news for attorneys - let’s provide free legal representation to tenants in eviction court. Members of the Eviction Representation for All campaign began collecting signatures this week and hope to get the measure on November’s ballot. It would impose a 0.75% capital gains tax on residents and is estimated to generate an average of $15 million a year. The measure would guarantee tenants a right to a lawyer if they’re evicted, as well as impose stronger protections for tenants throughout the courts process. It would allow tenants to apply for grants to get smaller amounts of rent paid while they wait for rent assistance to kick in, or to get landlord fees paid off if they get evicted.

And these supposedly smart people wonder why there’s less and less housing…because many folks are getting out of the business or selling their rentals in Oregon and buying in more reasonable states like Arizona, Idaho, Florida, and Texas. The Office of Economic Analysis put out a statistic that 23 of Oregon's 36 counties are in the 300 worst counties for affordability in the entire country – not surprising.

But instead of acknowledging that increasing restrictions contribute to fewer housing options and higher rental rates in Oregon, they intend to double down and increase taxes at the same time, during the worst inflationary period since the 1970’s. We’ll require landlords to accept many types of criminals, reduce the amount of security deposits they can charge, require them to allow for-profit daycare in our rentals, take away the no-cause options, tighten the rent cap, and enact localized layers of restrictions that make it harder to keep track of what we can and cannot do, and then tenant advocates and legislators will scratch their heads wondering why there’s still a crisis. It reminds me of one of my dad’s favorite sayings, “Don’t bother me with the facts, my mind’s made up!”

That’s exactly what’s happening in Eugene, even though an Econ Northwest study showed that since these types of radical restrictions were implemented in Portland, the city has seen a 25% reduction in single-family rental housing stock, driving up prices more and more. Where will it end? It won’t until we achieve balance in our legislature. Fingers crossed that we’ll achieve that goal in November…

With that being said, be sure to register for my upcoming educational workshops!  Wednesday classes are IN-Person classes, and the Thursday class is the same class, but held as a webinar: July 13th & 14th is Trial Prep 101, July 20th & 21st is Advanced Reasonable Accommodations, and on July 27th & 28th, it will be Best Practices for Home Providers.  See page 5 for more detailed information or visit www.laneroa.com/events to register!  Stay educated and be the Best Landlord You Can Be!

EVERYONE, always be sure to view ROA’s website at www.laneroa.com for urgent news, notices, class dates, times and to get in contact with any of ROA’s Business Members that can be of service to you!

Happy 4th of July to all of you!       



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A Message from your Lane ROA President: June 2022   


In-person classes are back!

Many of you have been asking when we will start teaching classes in person again, and the time has finally come. We are partnering with the Eugene Mission, and I encourage you to sign up and give it a try. The Mission has created a beautiful meeting space that is open, bright, and clean and has up-to-date technology, including a sound system that allows hearing impaired attendees to plug right in. There is plenty of onsite parking.

New board member Mike Grudzien let us know about this opportunity and we toured the facility in early May. This partnership allows us to keep class prices affordable, while supporting the integration and skills training of our unhoused neighbors. What could be better than that? Food and beverage service is included, and I hope to see you there! Classes will require a minimum of 10 attendees.

Are you saving your best gift for last?

Many years ago, I attended the funeral of a neighbor and asked her daughters how they were doing. One piped right up and said, “Mom saved her best gift for last. She was in charge of all the accounts, deeds, and bills for her and my dad, and she had everything we needed to know filed, labeled and organized down to her funeral arrangements and even the eulogist. It was the best gift she ever gave us.”

I remembered that incident when I recently had a great conversation with James from Dolphin Property Management out in Florence. We were discussing how difficult it is to deal with a person’s estate when they haven’t properly prepared. It reminded me of the challenge with my stepdad’s estate that had to go through almost two years of probate and expenses for court filings and attorney's fees because he hadn’t prepared. It also reminded me that I am a prime example of someone who keeps putting it off! I imagine some of you are in the same boat, always too busy, I’ll deal with that later, I just don’t have the time. He shared a website www.getyourshittogether.org that tackles every important end-of-life topic. Check it out, and get going on your planning, your heirs will thank you.

Don’t forget to continue weighing in on Eugene’s proposed overlays to landlord-tenant law. A patchwork of local regulations is not needed and will not ease the housing crisis. Please read the one-pager produced by Kathryn Dunn, who is leading the team on page 27
June is the month we hold our Annual General Meeting (webinar) and six of our current board members are up for ratification. Board Members up for ratification: Dennis Chappa, Pat Costello, Brian Cox, Devin Gates, Mike Grudzien and Beth Ochs.  Keep an eye out for an email of their bio’s.  Be sure to register to attend the June meeting, not only to vote to ratify our board members, but we are also pleased to have Meghan McMahon, CPA, of Cascade Title, back as our featured speaker with a presentation on 1031 Exchanges!  It’s a meeting not to miss! 

Did you know that June is the NATIONAL SAFETY MONTH?

Each week throughout National Safety Month in June is an opportunity to make a difference in your home, rentals, work, and community.  Be sure to prepare yourself by registering for ROA’s upcoming workshops and educate yourself to be the best landlord you can be.  See page 5 for more details. 

June’s workshop schedule:  The Move-out Process 6/8 (in-person) & 6/9 (Webinar); Eviction Process 6/15 (in-person) & 6/16 (Webinar); and Small Claims on 6/29 (in-person) & 6/30 webinar) and include TWO continuing education credits for licensed professionals for each 2-hour workshop.

Did you know that if you register for a webinar workshop and were not able to partake in it at that time, a recording link of the webinar workshop will be emailed to you the next day? Hurray!  The recording link is valid for five days gives you a chance to review what you missed! See page 5 of this bulletin for additional info on ROA workshops – and be sure to log in at
www.laneroa.com/store to purchase recording links of other webinar classes you may have missed that contain vital information you need to know, so if you missed the latest updated version of Landlord Boot Camp, now’s your chance!!!


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READ: Proposed Protections and Landlord Requirements:

 Eugene Implementation


Find out who your legislator is and write to them!
Link:
https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html


Senate Bill 891 - Oregon Emergency Rental Assistance Program (OERAP)
:
OR Emergency Rental Assist Fund FAQs_SB891_OERAP


Effective March 1, 2022

On March 1, 2022, some of the temporary protections afforded renters will end. 
This is an overview of the changes and how housing providers may adjust their practices accordingly.

As of March 1, 2022, housing providers:

May send termination notices to renters for amounts accrued during the “emergency period” (April 1, 2020 through June 30, 2021). Thirty (30) day “for cause” notices are recommended.

May take legal action to collect on balances owed by renters and former renters from the “emergency period” (April 1, 2020 through June 30, 2021). This includes but is not limited to: filing small claims actions, sending those balances to collection agencies, and filing court actions to collect those balances.

Must apply payments to all balances as follows:
1. 
First, to outstanding rent from prior rental periods;
2. 
Second, to current rent;
3. 
Third, to utility or service charges;
4. 
Fourth, to late fees;
5. 
Finally, to all other fees or charges owed by the renter.

May Send notifications of balances due without stating that “eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before February 28, 2022.”   

May Issue termination notices for nonpayment of rent without stating that:
1. 
Eviction for nonpayment of rent, charges and fees that accrued on and after April 1, 2020, and before June 30,
    2021, is not allowed 

    before February 28, 2022; and

2. 
Information regarding tenant resources is available at www.211info.orgMay terminate tenancies of residents
    with non-tenant guests without first offering the guests the opportunity to be screened and possibly become
    temporary occupants. Temporary occupants on the premises pursuant to this temporary requirement may be
    asked to move by housing providers, subject to the expiration date in the temporary occupancy agreement. 

Please note that the tolling of the one-year statute limitations for claims by a housing provider based on a renter’s nonpayment ends on March 1, 2022. Consequently, housing providers should take action to collect on older debts to ensure that collection is not time barred.

Temporary protections still in effect until at least June 30, 2022
Housing providers must continue to adhere to the following requirements:

1.  If written proof of application for rental assistance is provided by a renter to a housing provider, not take any
    action, while the application is pending to:

Deliver a termination notice for nonpayment;
Initiate or continue an action for possession based on a termination notice for nonpayment.

Housing providers may not issue terminations for nonpayment or otherwise file and prosecute evictions based upon nonpayment until the soonest of:
1) October 1, 2022;
2) payment in full on the amounts demanded in any notice already served on a renter is made; or
3) verification that the application is no longer pending due to denial or inaction. “Nonpayment” does not include
    payments owed by a renter for damages to the premises.

Temporary protections still in effect until at least September 30, 2022
Until October 1, 2022, housing providers must still:
1. 
Provide 10 days’ notice (not 72 hours’ notice) on all non-payment of rent notices to renters.
2. 
Provide specific disclosures in non-payment of rent notices to renters related to rental assistance and eviction protection.

Indefinite Changes
Housing providers are subject to federal regulations related to the pandemic that do not have a sunset date. Although the measures appeared to be enacted on a temporary basis, no information as to the end date of those protections has been provided. Those protections are:

The CARES Act. Renters in affordable properties or subject to federal backed mortgages must provide residents 30 days’ notice for nonpayment terminations.

HUD Interim Final Rule for Nonpayment of Rent. Please see prior memorandum on this Rule   

State law precludes all housing providers from considering in the application process or disclosing in rental references any eviction judgments, unpaid rent (including rent reflected in judgment or referrals of debt to a collection agency) that accrued on or after April 1, 2020 through June 30, 2022. Housing providers are also prohibited from reporting to any consumer credit reporting agency a tenant’s nonpayment of rent, charges or fees that accrued on or after April 1, 2020, and before July 1, 2021.

This information is not intended as legal advice. 
Please obtain advice of an attorney for any policy changes
or decisions regarding residential and commercial Landlord-Tenant matters.

LANDLORDS — ALL HANDS ON DECK!
Eugene City Council is Considering Renter Protections That Will Harm Landlords.

The Council is asking for input, and you must speak up to protect your rights.

Here are the Proposed Renter Protections…

Application Stage:

A-1. Ban application & screening fees.

A-2. Process applications in the order received (first-come, first-served).

A-3. Prohibit landlords from: a) including medical or education debt when evaluating an applicant's income vs expense or b) using a
        mandatory credit score of above 500.

A-4. Loosen minimum monthly gross income screening standards.

A-5. Require landlords who have units designed for mobility access to give priority for a 3-day period to applicants who have a mobility
        need for that particular unit.

Move In/Move Out Stage:

M-1. Require landlords to distribute, together with any written rental agreement, an educational
        document describing Senate Bill 608 with
regard to terminations.

M-2. Limit landlords to charging deposit (combination of security, cleaning, & last month deposits)
        wit        h a max of 2 times the monthly rent, not including pet deposit.

M-3. Require landlords to itemize and photo document property condition at move-in that contains photos and age or condition of major
         items that are known to landlord. At move-out, require landlords to itemize and photo document withholdings from security deposit.

M-4. Require landlord, at tenant’s written request, provide rental history (payment of rent) for tenant who has not given notice. One free
         rental history per tenant per year.

Funding/Support Services

Increase the Rental Housing Code door tax (currently $10/door) to fund a rental housing navigator position, a tenant hotline, and other tenant support services.

Displacement Prevention /Relocation Assistance
Requires financial support by landlords who issue a valid notice for no-cause eviction, or an extreme rent increase resulting in eviction.

three Things You Can Do:
1.      
Join this Facebook Group: Eugene.Rental.Owners

2.      
Write emails to the Council at: MayorCouncilandCityManager@eugene-or.gov

3.     
Speak at City Council Meetings
— 2nd & 4th Mondays of each month at 7:15 p.m.

                 https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials

 For More Info, Contact Kathryn Dunn, at 541-517-5878

On December 14, 2021, the Oregon Legislature passed Senate Bill 891 (SB 891),
amending Senate Bill 282 and Senate Bill 278 (see links for prior guidance).
SB 891 changes the eviction moratorium and rental assistance for housing
providers in Oregon as follows:

SB 891 - Extension of the Safe Harbor Period for Renters

Lane County extended the  eviction pause to 90 days for renters
who have applied for assistance - it was previously 60 days

The increased grace period was decided upon to help the State catch up with the backlog of applications.

Please read the attached link:

Temporary Eviction Moratorium 60 TO 90 DAYS

    
      It’s important  to be aware of the main parts of law changes that just took place:

       SB 891 extends eviction protection for renters who have applied for rental assistance,
                   through their aid application process - discarding any 60-day or 90-day limit of
                   nonpayment eviction protection.

·     SB 5561 Authorizes millions more rental assistance dollars:

·                       $100 million for rent assistance

·                       $5 million to OHCS to speed up aid application processing

·                       $10 million to pay housing providers for rent balances
                     owed - even if their tenants don't receive Rent Assistance.

·                       Another $100 million was earmarked for longer-term renter
                     protections and eviction prevention efforts.

MUST READ:  A Short Summary of Senate Bill 282:
Provided by Brian Cox, Attorney and Lane ROA Board Member
Law Offices of Brian Cox

On May 19th, Governor Kate Brown signed SB 282 passed by the House, extending the time renters have to pay back rent and other accumulated charges they’ve missed since April 2020 through June, 2021. Currently, the state’s moratorium on evictions is slated to end at the end of June, and tenants must pay all back rent by July 1, along with resuming regular monthly rental payments. Under SB 282, tenants must still keep current with new rental payments as of July 1 to avoid eviction, but they will have through February 2022 to pay any back rent and other accumulated charges still owed when the eviction moratorium ends. Termination notices for non-payment must include language that states “eviction for nonpayment of rent, charges or fees that accrued on or after April 1, 2020 and before June 30, 2021 is not allowed before February 28, 2022.”

SB 282 does more than extend the grace period for back rent. It provides that landlords cannot use evictions during the pandemic to deny a rental applicant (without regard for the reason for the eviction), cannot count against applicants amounts owing to a prior landlord that accrued during the emergency period, and prevents landlords from reporting missed rent and other charges to a credit agency. It temporarily bars landlords from enforcing rental occupancy limits that are more strict than current law to help people without housing stay with friends or loved ones. And it extends heightened penalties on landlords for retaliatory conduct through February, 2022. Of important note, SB 282 does NOT extend the moratorium on certain evictions.

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Please visit https://coronavirus.oregon.gov/ for detailed information about Covid-19 in the State of Oregon

We appreciate your understanding and support and the support of each other at this time of concerning unknowns.
Practice good preventive health measures - and be well. We are compiling a list of COVID-19 resources on our links page.

Helpful information on preventing  COVID-19 from spreading to others in homes and residential communities
as well as other preventative measures may be found at the Center For Disease Control [CDC] website:

https://www.cdc.gov/coronavirus/2019-ncov/hcp/guidance-prevent-spread.html

Rental Owners Association
205 W 10th Ave
Eugene OR 97401
541-485-7368

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