Prohibits residential landlords from charging an applicant screening charge.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2967
Sponsored by Representative GAMBA, Senator GORSEK; Representative CHAICHI (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act bans applicant screening fees for tenants. (Flesch Readability Score: 71.8).
Prohibits residential landlords from charging an applicant screening charge.
A BILL FOR AN ACT
Relating to residential applicant screening charges; amending ORS 90.100, 90.140, 90.295, 90.297,
90.302, 90.555, 90.634, 90.680, 215.490, 456.259 and 646A.614.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 90.295 is amended to read:
90.295. (1)[(a)] A landlord may not require payment of an applicant screening charge [ solely to
cover the costs of ] or other charge for the purpose of obtaining information about an applicant
[as] or for the landlord to [ processes ] process the application for a rental agreement. [ This activity
is known as screening and includes but is not limited to checking references and obtaining a consumer
credit report or tenant screening report. The landlord must provide the applicant with a receipt for any
applicant screening charge. Promptly after each screening conducted by a tenant screening company
or consumer credit reporting agency for the landlord, the landlord shall provide the applicant with
confirmation of the screening, including a copy of a receipt from the company or agency. ]
[(b) A landlord may only require an applicant to pay a single applicant screening charge within
any 60-day period, regardless of the number of rental units owned or managed by the landlord for
which the applicant has applied to rent. ]
[(2) The amount of any applicant screening charge must not be greater than the landlord’s average
actual cost of screening applicants or the customary amount charged by tenant screening companies or
consumer credit reporting agencies for a comparable level of screening. Actual costs may include the
cost of using a tenant screening company or a consumer credit reporting agency and the reasonable
value of any time spent by the landlord or the landlord’s agents in otherwise obtaining information on
applicants.]
[(3)] (2) A landlord may not [ require payment of an applicant screening charge unless prior to
accepting the payment ] apply any screening criteria to an application unless prior to applying
the criteria the landlord:
(a) Adopts written screening or admission criteria;
(b) Gives written notice to the applicant of:
[(A) The amount of the applicant screening charge; ]
[(B)] (A) The landlord’s screening or admission criteria;
[(C)] (B) The process that the landlord typically will follow in screening the applicant, including
whether the landlord uses a tenant screening company, credit reports, public records or criminal
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 640
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records or contacts employers, landlords or other references;
[(D)] (C) The applicant’s rights to dispute the accuracy of any information provided to the
landlord by a screening company or credit reporting agency;
[(E)] (D) A right to appeal a negative determination, if any right to appeal exists;
[(F)] (E) Any nondiscrimination policy as required by federal, state or local law plus any non-
discrimination policy of the landlord, including that a landlord may not discriminate against an ap-
plicant because of the race, color, religion, sex, sexual orientation, gender identity, national origin,
marital status, familial status or source of income of the applicant;
[(G)] (F) The amount of rent the landlord will charge and the deposits the landlord will require,
subject to change in the rent or deposits by agreement of the landlord and the tenant before enter-
ing into a rental agreement; and
[(H)] (G) Whether the landlord requires tenants to obtain and maintain renter’s liability insur-
ance and, if so, the amount of insurance required[ ; and ].
[(I) The applicant’s right to a refund of the screening charge under subsection (5) of this section
and right to recover damages under subsection (6)(b) of this section; and ]
[(c) Gives actual notice to the applicant of an estimate, made to the best of the landlord’s ability
at that time, of the approximate number of rental units of the type, and in the area, sought by the ap-
plicant that are, or within a reasonable future time will be, available to rent from that landlord. The
estimate shall include the approximate number of applications previously accepted and remaining under
consideration for those units. A good faith error by a landlord in making an estimate under this par-
agraph does not provide grounds for a claim under subsection (6)(b) of this section. ]
[(4) Unless the applicant agrees otherwise in writing, a landlord may not require payment of an
applicant screening charge when the landlord knows or should know that no rental units are available
at that time or will be available within a reasonable future time. ]
[(5) A landlord that requires an applicant screening charge must refund the applicant screening
charge to the applicant within 30 days if the landlord: ]
[(a) Fills the vacant dwelling unit before screening the applicant; or ]
[(b) Has not conducted or ordered any screening of the applicant before the applicant withdraws
the application in writing. ]
[(6)(a) An applicant may not recover an applicant screening charge from the landlord if the appli-
cant refuses an offer from the landlord to rent the dwelling unit. ]
[(b)] (3) The applicant may recover from the landlord twice the amount of any applicant
screening charge paid, plus $250, if[ :]
[(A)] the landlord fails to comply with this section [ with respect to the applicant’s screening or
screening charge; or ]
[(B) The landlord does not conduct a screening of the applicant for any reason and fails to refund
an applicant screening charge to the applicant within 30 days ].
SECTION 2.
ORS 90.140 is amended to read:
90.140. (1) A landlord may require or accept the following types of payments:
[(a) Applicant screening charges, pursuant to ORS 90.295; ]
[(b)] (a) Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297;
[(c)] (b) Security deposits, pursuant to ORS 90.300;
[(d)] (c) Fees, pursuant to ORS 90.302;
[(e)] (d) Rent, as defined in ORS 90.100;
[(f)] (e) Prepaid rent, as defined in ORS 90.100;
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[(g)] (f) Utility or service charges, pursuant to ORS 90.315 (4), 90.568 or 90.572;
[(h)] (g) Late charges or fees, pursuant to ORS 90.260; and
[(i)] (h) Damages, for noncompliance with a rental agreement or ORS 90.325, under ORS 90.401
or as provided elsewhere in this chapter.
(2) A tenant who requests a writing that evidences the tenant’s payment is entitled to receive
that writing from the landlord as a condition for making the payment. The writing may be a receipt,
statement of the tenant’s account or other acknowledgment of the tenant’s payment. The writing
must include the amount paid, the date of payment and information identifying the landlord or the
rental property. If the tenant makes the payment by mail, deposit or a method other than in person
and requests the writing, the landlord shall within a reasonable time provide the tenant with the
writing in a manner consistent with ORS 90.150.
SECTION 3.
ORS 90.297 is amended to read:
90.297. (1) Except as provided in [ ORS 90.295 and in ] this section, a landlord may not charge a
deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental
agreement for a dwelling unit.
(2) A landlord may charge a deposit, however designated, to an applicant for the purpose of se-
curing the execution of a rental agreement, after approving the applicant’s application but prior to
entering into a rental agreement. The landlord must give the applicant a written statement de-
scribing:
(a) The amount of rent and the fees the landlord will charge and the deposits the landlord will
require; and
(b) The terms of the agreement to execute a rental agreement and the conditions for refunding
or retaining the deposit.
(3) If a rental agreement is executed, the landlord shall either apply the deposit toward the
moneys due the landlord under the rental agreement or refund it immediately to the tenant.
(4) If a rental agreement is not executed due to a failure by the applicant to comply with the
agreement to execute, the landlord may retain the deposit.
(5) If a rental agreement is not executed due to a failure by the landlord to comply with the
agreement to execute, within four days the landlord shall return the deposit to the applicant either
by making the deposit available to the applicant at the landlord’s customary place of business or
by mailing the deposit by first class mail to the applicant.
(6) If a landlord fails to comply with this section, the applicant or tenant, as the case may be,
may recover from the landlord the amount of any fee or deposit charged, plus $150.
SECTION 4. ORS 90.302 is amended to read:
90.302. (1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated
landlord expense and may not require the payment of any fee except as provided in this section.
A fee must be described in a written rental agreement.
(2) A landlord may charge a tenant a fee for each occurrence of the following:
(a) A late rent payment, pursuant to ORS 90.260.
(b) A dishonored check, pursuant to ORS 30.701 (5). The amount of the fee may not exceed the
amount described in ORS 30.701 (5) plus any amount that a bank has charged the landlord for pro-
cessing the dishonored check.
(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon
monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a fee of up to $250 unless
the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 or
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under ORS 105.836 to 105.842 and 476.725.
(d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant
to ORS 90.530.
(e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without
cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess
a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (2),
90.472 or 90.475. If the landlord assesses a fee under this paragraph:
(A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond
the date that the landlord knew or reasonably should have known of the abandonment or
relinquishment;
(B) The landlord may not recover damages related to the cost of renting the dwelling unit to a
new tenant; and
(C) ORS 90.410 (3) does not apply to the abandonment or relinquishment.
(3)(a) A landlord may charge a tenant a fee under this subsection for a second noncompliance
or for a subsequent noncompliance with written rules or policies that describe the prohibited con-
duct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that
occurs within one year after a written warning notice described in subparagraph (A) of this para-
graph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50
for the second noncompliance within one year after the warning notice for the same or a similar
noncompliance or $50 plus five percent of the rent payment for the current rental period for a third
or subsequent noncompliance within one year after the warning notice for the same or a similar
noncompliance. The landlord:
(A) Shall give a tenant a written warning notice that describes:
(i) A specific noncompliance before charging a fee for a second or subsequent noncompliance for
the same or similar conduct; and
(ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance,
that occurs within one year after the warning notice.
(B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for
a second or subsequent noncompliance that occurs within one year after the warning notice.
(C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent
noncompliance within 30 days after the act constituting noncompliance.
(D) May terminate a tenancy for a noncompliance consistent with this chapter instead of as-
sessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same
noncompliance.
(E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the
current or a subsequent rental period.
(b) A landlord may charge a tenant a fee for occurrences of noncompliance with written rules
or policies as provided in paragraph (a) of this subsection for the following types of noncompliance:
(A) The late payment of a utility or service charge that the tenant owes the landlord as de-
scribed in ORS 90.315.
(B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.
(C) Failure to clean up the waste of a service animal or a companion animal from a part of the
premises other than the dwelling unit.
(D) Failure to clean up garbage, rubbish and other waste from a part of the premises other than
the dwelling unit.
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(E) Parking violations.
(F) The improper use of vehicles within the premises.
(G) Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a
second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord
may not assess this fee before 24 hours after the required warning notice to the tenant.
(H) Keeping on the premises an unauthorized pet capable of causing damage to persons or
property, as described in ORS 90.405. The fee for a second or any subsequent noncompliance under
this subparagraph may not exceed $250. A landlord may not assess this fee before 48 hours after the
required warning notice to the tenant.
(4) A landlord may not be required to account for or return to the tenant any fee.
(5) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant
any form of liquidated damages, however designated.
(6) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment
of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS
90.392 or 90.630 (1).
(7) This section does not apply to:
(a) Attorney fees awarded pursuant to ORS 90.255;
[(b) Applicant screening charges paid pursuant to ORS 90.295; ]
[(c)] (b) Charges for improvements or other actions that are requested by the tenant and are not
required of the landlord by the rental agreement or by law, including the cost to replace a key lost
by a tenant;
[(d)] (c) Processing fees charged to the landlord by a credit card company and passed through
to the tenant for the use of a credit card by the tenant to make a payment when:
(A) The credit card company allows processing fees to be passed through to the credit card
holder; and
(B) The landlord allows the tenant to pay in cash or by check;
[(e)] (d) A requirement by a landlord in a written rental agreement that a tenant obtain and
maintain renter’s liability insurance pursuant to ORS 90.222; or
[(f)] (e) Assessments, as defined in ORS 94.550 and 100.005, for a dwelling unit that is within a
homeowners association organized under ORS 94.625 or an association of unit owners organized
under ORS 100.405, respectively, if:
(A) The assessments are imposed by the association on a landlord who owns a dwelling unit
within the association and the landlord passes the assessments through to a tenant of the unit;
(B) The assessments are imposed by the association on any person for expenses related to
moving into or out of a unit located within the association;
(C) The landlord sets forth the assessment requirement in the written rental agreement at the
commencement of the tenancy; and
(D) The landlord gives a copy of the assessment the landlord receives from the association to
the tenant before or at the time the landlord charges the tenant.
(8) If a landlord charges a tenant a fee in violation of this section, the tenant may recover twice
the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees
described in subsection (2) of this section.
(9) The landlord may unilaterally amend a rental agreement for a facility subject to ORS 90.505
to 90.850 to impose fees authorized by subsection (3) of this section upon a 90-day written notice to
the tenant, except that a marina landlord may not impose a noncompliance fee for parking under
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subsection (3)(b)(E) of this section.
SECTION 5.
ORS 90.100 is amended to read:
90.100. As used in this chapter, unless the context otherwise requires:
(1) “Accessory building or structure” means any portable, demountable or permanent structure,
including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks,
steps, ramps, piers and pilings, that is:
(a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or
(b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a
tenant of a manufactured dwelling or floating home.
(2) “Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding
in which rights are determined, including an action for possession.
[(3) “Applicant screening charge” means any payment of money required by a landlord of an ap-
plicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the
purpose of which is to pay the cost of processing an application for a rental agreement for a residential
dwelling unit.]
[(4)] (3) “Attorney” includes an associate member of the Oregon State Bar practicing law within
the member’s approved scope of practice.
[(5)] (4) “Bias crime” has the meaning given that term in ORS 147.380.
[(6)] (5) “Building and housing codes” includes any law, ordinance or governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
[(7)] (6) “Carbon monoxide alarm” has the meaning given that term in ORS 105.836.
[(8)] (7) “Carbon monoxide source” has the meaning given that term in ORS 105.836.
[(9)] (8) “Conduct” means the commission of an act or the failure to act.
[(10)] (9) “DBH” means the diameter at breast height, which is measured as the width of a
standing tree at four and one-half feet above the ground on the uphill side.
[(11)] (10) “Dealer” means any person in the business of selling, leasing or distributing new or
used manufactured dwellings or floating homes to persons who purchase or lease a manufactured
dwelling or floating home for use as a residence.
[(12)] (11) “Domestic violence” means:
(a) Abuse between family or household members, as those terms are defined in ORS 107.705; or
(b) Abuse, as defined in ORS 107.705, between partners in a dating relationship.
[(13)] (12) “Drug and alcohol free housing” means a dwelling unit described in ORS 90.243.
[(14)] (13) “Dwelling unit” means a structure or the part of a structure that is used as a home,
residence or sleeping place by one person who maintains a household or by two or more persons
who maintain a common household. “Dwelling unit” regarding a person who rents a space for a
manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for
a floating home as defined in ORS 830.700, but does not rent the home, means the space rented and
not the manufactured dwelling, recreational vehicle or floating home itself.
[(15)] (14) “Essential service” means:
(a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or
recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.850:
(A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior
doors, latches for windows and any cooking appliance or refrigerator supplied or required to be
supplied by the landlord; and
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(B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.320,
the lack or violation of which creates a serious threat to the tenant’s health, safety or property or
makes the dwelling unit unfit for occupancy.
(b) For a tenancy consisting of rental space for a manufactured dwelling, floating home or rec-
reational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 to 90.850:
(A) Sewage disposal, water supply, electrical supply and, if required by applicable law, any
drainage system; and
(B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.730,
the lack or violation of which creates a serious threat to the tenant’s health, safety or property or
makes the rented space unfit for occupancy.
[(16)] (15) “Facility” means a manufactured dwelling park or a marina.
[(17)] (16) “Fee” means a nonrefundable payment of money.
[(18)] (17) “First class mail” does not include certified or registered mail, or any other form of
mail that may delay or hinder actual delivery of mail to the recipient.
[(19)] (18) “Fixed term tenancy” means a tenancy that has a fixed term of existence, continuing
to a specific ending date and terminating on that date without requiring further notice to effect the
termination.
[(20)] (19) “Floating home” has the meaning given that term in ORS 830.700. “Floating home”
includes an accessory building or structure.
[(21)] (20) “Good faith” means honesty in fact in the conduct of the transaction concerned.
[(22)] (21) “Hazard tree” means a tree that:
(a) Is located on a rented space in a manufactured dwelling park;
(b) Measures at least eight inches DBH; and
(c) Is considered, by an arborist licensed as a landscape construction professional pursuant to
ORS 671.560 and certified by the International Society of Arboriculture, to pose an unreasonable
risk of causing serious physical harm or damage to individuals or property in the near future.
[(23)] (22) “Hotel or motel” means “hotel” as that term is defined in ORS 699.005.
[(24)] (23) “Informal dispute resolution” includes voluntary consultation between the landlord
or landlord’s agent and one or more tenants or voluntary mediation utilizing the services of a third
party, but does not include mandatory mediation or arbitration.
[(25)] (24)(a) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the
building or premises of which it is a part.
(b)“Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage
the premises or to enter into a rental agreement.
[(26)] (25) “Landlord’s agent” means a person who has oral or written authority, either express
or implied, to act for or on behalf of a landlord.
[(27)] (26) “Last month’s rent deposit” means a type of security deposit, however designated, the
primary function of which is to secure the payment of rent for the last month of the tenancy.
[(28)] (27) “Manufactured dwelling” means a residential trailer, a mobile home or a manufac-
tured home as those terms are defined in ORS 446.003 or a prefabricated structure. “Manufactured
dwelling” includes an accessory building or structure.
[(29)] (28) “Manufactured dwelling park” means a place where four or more manufactured
dwellings are located, the primary purpose of which is to rent space or keep space for rent to any
person for a charge or fee.
[(30)] (29) “Marina” means a moorage of contiguous dwelling units that may be legally trans-
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ferred as a single unit and are owned by one person where four or more floating homes are secured,
the primary purpose of which is to rent space or keep space for rent to any person for a charge or
fee.
[(31)] (30) “Marina purchase association” means a group of three or more tenants who reside in
a marina and have organized for the purpose of eventual purchase of the marina.
[(32)] (31) “Month-to-month tenancy” means a tenancy that automatically renews and continues
for successive monthly periods on the same terms and conditions originally agreed to, or as revised
by the parties, until terminated by one or both of the parties.
[(33)] (32) “Organization” includes a corporation, government, governmental subdivision or
agency, business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest, and any other legal or commercial entity.
[(34)] (33) “Owner” includes a mortgagee in possession and means one or more persons, jointly
or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the
premises.
[(35)] (34) “Person” includes an individual or organization.
[(36)] (35) “Prefabricated structure” means a structure that is substantially constructed or as-
sembled using closed construction at an off-site location in compliance with the state building code
and that is sited and occupied by the owner in compliance with local codes.
[(37)] (36) “Premises” means:
(a) A dwelling unit and the structure of which it is a part and facilities and appurtenances
therein;
(b) Grounds, areas and facilities held out for the use of tenants generally or the use of which
is promised to the tenant; and
(c) A facility for manufactured dwellings or floating homes.
[(38)] (37) “Prepaid rent” means any payment of money to the landlord for a rent obligation not
yet due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination
date.
[(39)] (38) “Recreational vehicle” has the meaning given that term in ORS 174.101.
[(40)] (39) “Recreational vehicle park” has the meaning given that term in ORS 197.492.
[(41)(a)] (40)(a) “Rent” means any payment to be made to the landlord under the rental agree-
ment, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy
a dwelling unit to the exclusion of others and to use the premises.
(b) “Rent” does not include security deposits, fees or utility or service charges as described in
ORS 90.315 (4) and 90.562.
[(42)] (41) “Rental agreement” means all agreements, written or oral, and valid rules and regu-
lations adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the
use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental
agreement is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.
[(43)] (42) “Roomer” means a person occupying a dwelling unit that does not include a toilet and
either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and
where one or more of these facilities are used in common by occupants in the structure.
[(44)] (43)(a) “Screening or admission criteria” means a written statement of any factors a
landlord considers in deciding whether to accept or reject an applicant and any qualifications re-
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quired for acceptance.
(b) “Screening or admission criteria” includes, but is not limited to, the rental history, character
references, public records, criminal records, credit reports, credit references and incomes or re-
sources of the applicant.
[(45)] (44)(a) “Security deposit” means a refundable payment or deposit of money, however des-
ignated, the primary function of which is to secure the performance of a rental agreement or any
part of a rental agreement.
(b) “Security deposit” does not include a fee.
[(46)] (45) “Sexual assault” has the meaning given that term in ORS 147.450.
[(47)] (46)(a) “Squatter” means a person occupying a dwelling unit who is not so entitled under
a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.
(b) “Squatter” does not include a tenant who holds over as described in ORS 90.427 (11).
[(48)] (47) “Stalking” means the behavior described in ORS 163.732.
[(49)] (48) “Statement of policy” means the summary explanation of information and facility
policies to be provided to prospective and existing tenants under ORS 90.510.
[(50)] (49) “Surrender” means an agreement, express or implied, as described in ORS 90.148 be-
tween a landlord and tenant to terminate a rental agreement that gave the tenant the right to oc-
cupy a dwelling unit.
[(51)] (50) “Tenant”:
(a) Except as provided in paragraph (b) of this subsection:
(A) Means a person, including a roomer, entitled under a rental agreement to occupy a dwelling
unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public
housing authority.
(B) Means a minor, as defined and provided for in ORS 109.697.
(b) For purposes of ORS 90.505 to 90.850, means only a person who owns and occupies as a
residence a manufactured dwelling or a floating home in a facility and persons residing with that
tenant under the terms of the rental agreement.
(c) Does not mean a guest or temporary occupant.
[(52)] (51) “Transient lodging” means a room or a suite of rooms.
[(53)] (52) “Transient occupancy” means occupancy in transient lodging that has all of the fol-
lowing characteristics:
(a) Occupancy is charged on a daily basis and is not collected more than six days in advance;
(b) The lodging operator provides maid and linen service daily or every two days as part of the
regularly charged cost of occupancy; and
(c) The period of occupancy does not exceed 30 days.
[(54)] (53) “Vacation occupancy” means occupancy in a dwelling unit, not including transient
occupancy in a hotel or motel, that:
(a) Has all of the following characteristics:
(A) The occupant rents the unit for vacation purposes only, not as a principal residence;
(B) The occupant has a principal residence other than at the unit; and
(C) The period of authorized occupancy does not exceed 45 days; or
(b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle
owned by the occupant will be located and for which:
(A) The occupant rents the unit for vacation purposes only, not as a principal residence;
(B) The occupant has a principal residence other than at the space;
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(C) The period of authorized occupancy does not exceed 90 days;
(D) The recreational vehicle is required to be removed from the park at the end of the occu-
pancy period before a new occupancy may begin; and
(E) A written agreement is signed by the occupant that substantially states: “Your occupancy
of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Resi-
dential Landlord and Tenant Act (ORS chapter 90).”
[(55)] (54) “Victim” means:
(a) The person against whom an incident related to domestic violence, sexual assault, bias crime
or stalking is perpetrated; or
(b) The parent or guardian of a minor household member against whom an incident related to
domestic violence, sexual assault, bias crime or stalking is perpetrated, unless the parent or guard-
ian is the perpetrator.
[(56)] (55) “Week-to-week tenancy” means a tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven
days;
(b) There is a written rental agreement that defines the landlord’s and the tenant’s rights and
responsibilities under this chapter; and
(c) There are no fees or security deposits[ , although the landlord may require the payment of an
applicant screening charge, as provided in ORS 90.295 ].
SECTION 6.
ORS 90.680 is amended to read:
90.680. (1) As used in this section, “consignment” means an agreement in which a tenant au-
thorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who
owns the dwelling or home in a facility that is owned by the landlord and for which the landlord
receives compensation.
(2) A landlord may not deny any manufactured dwelling or floating home space tenant the right
to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove
the dwelling or home from the space solely on the basis of the sale.
(3) A landlord may not require, as a condition of a tenant’s occupancy, consignment of the
tenant’s manufactured dwelling or floating home.
(4)(a) A landlord may sell a tenant’s manufactured dwelling or floating home on consignment
only if:
(A) The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under
ORS 446.661 to 446.756. The license may be held by a person that differs from the person that owns
the facility and is the landlord, if there is common ownership between the two.
(B) The landlord and tenant first enter into a written consignment contract that specifies at a
minimum:
(i) The duration of the contract, which, unless extended in writing, may not exceed 180 days;
(ii) The estimated square footage of the dwelling or home, and the make, model, year, vehicle
identification number and license plate number, if known;
(iii) The price offered for sale of the dwelling or home;
(iv) Whether lender financing is permitted and the amount, if any, of the earnest money deposit;
(v) Whether the transaction is intended to be closed through a state-licensed escrow;
(vi) All liens, taxes and other charges known to be in existence against the dwelling or home
that must be removed before the tenant can convey marketable title to a prospective buyer;
(vii) The method of marketing the sale of a dwelling or home to the public, such as signs posted
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at the facility or through advertisements posted on the Internet or published in newspapers or in
other publications;
(viii) The form and amount of compensation to the landlord, such as a fixed fee, a percentage
of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee,
the contract shall state the amount; and
(ix) For the purpose of determining the net sale proceeds that are payable to the tenant, the
manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of
sale, landlord compensation and other closing costs.
(C) Within 10 days after a sale, the landlord pays to the tenant the tenant’s share of the sale
proceeds and provides to the tenant a written accounting for the sale proceeds.
(b) The landlord may not exact a commission or fee, however designated, or retain a portion of
any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless
the landlord has acted as representative for the seller pursuant to a written consignment contract.
(5)(a) The landlord may not deny the tenant the right to place a “for sale” sign on or in a
manufactured dwelling or floating home owned by the tenant. The size, placement and character of
such signs shall be subject to reasonable rules of the landlord.
(b) If the landlord advertises a manufactured dwelling or floating home for sale within the fa-
cility, the tenant may advertise the sale of the tenant’s dwelling or home by posting a sign in a
similar manner and similar location.
(6) A landlord may not knowingly make false statements to a prospective purchaser about the
quality of a tenant’s manufactured dwelling or floating home.
(7) Nothing in this section prevents a landlord from selling to a prospective purchaser a manu-
factured dwelling or floating home owned by the landlord at a price or on terms, including space
rent, that are more favorable than the price and terms offered for dwellings or homes that are for
sale by a tenant.
(8) If the prospective purchaser of a manufactured dwelling or floating home desires to leave the
dwelling or home on the rented space and become a tenant, the landlord may require in the rental
agreement:
(a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days’
notice in writing prior to the sale of the dwelling or home on a rented space;
(b) That prior to the sale, the prospective purchaser submit to the landlord a complete and ac-
curate written application for occupancy of the dwelling or home as a tenant after the sale is fi-
nalized and that a prospective purchaser may not occupy the dwelling or home until after the
prospective purchaser is accepted by the landlord as a tenant;
(c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell
dwellings or homes of the requirements of paragraphs (b) and (d) of this subsection, the location of
all properly functioning smoke alarms and any other rules and regulations of the facility such as
those described in ORS 90.510 (5)(b), (f), (g), (i) and (j); and
(d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees,
deposits or charges owed by the tenant as authorized under ORS 90.140 and the rental agreement,
prior to the landlord’s acceptance of the prospective purchaser as a tenant.
(9)(a) If a landlord requires a prospective purchaser to submit an application for occupancy as
a tenant under subsection (8) of this section, the landlord shall provide, upon request from the pur-
chaser, a copy of the application. At the time that the landlord gives the prospective purchaser an
application the landlord shall also give the prospective purchaser:
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(A) Copies of the statement of policy, the rental agreement and the facility rules and regu-
lations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510;
(B) Copies of any outstanding notices given to the tenant under ORS 90.632;
(C) A list of any disrepair or deterioration of the manufactured dwelling or floating home;
(D) A list of any failures to maintain the space or to comply with any other provisions of the
rental agreement, including aesthetic or cosmetic improvements; and
(E) A statement that the landlord may require a prospective purchaser to complete repairs,
maintenance and improvements as described in the notices and lists provided under subparagraphs
(B) to (D) of this paragraph.
(b) The terms of the statement, rental agreement and rules and regulations need not be the same
as those in the selling tenant’s statement, rental agreement and rules and regulations.
(c) Consistent with ORS 90.305 (4)(b), a landlord may require a prospective purchaser to pay a
reasonable copying charge for the documents.
(d) If a prospective purchaser agrees, a landlord may provide the documents in an electronic
format.
(10) The following apply if a landlord receives an application for tenancy from a prospective
purchaser under subsection (8) of this section:
(a) The landlord shall accept or reject the prospective purchaser’s application within seven days
following the day the landlord receives a complete and accurate written application. An application
is not complete until the prospective purchaser [ pays any required applicant screening charge and ]
provides the landlord with all information and documentation, including any financial data and ref-
erences, required by the landlord pursuant to ORS 90.510 (5)(i). The landlord and the prospective
purchaser may agree to a longer time period for the landlord to evaluate the prospective purchaser’s
application or to allow the prospective purchaser to address any failure to meet the landlord’s
screening or admission criteria. If a tenant has not previously given the landlord the 10 days’ notice
required under subsection (8)(a) of this section, the period provided for the landlord to accept or
reject a complete and accurate written application is extended to 10 days.
(b) When a landlord considers an application for tenancy from a prospective purchaser of a
dwelling or home from a tenant, the landlord shall apply to the prospective purchaser credit and
conduct screening criteria that are substantially similar to the credit and conduct screening criteria
the landlord applies to a prospective purchaser of a dwelling or home from the landlord.
(c) The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable
cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the
landlord’s conditions for approval as provided in ORS 90.510 (5)(i) or failure of the prospective
purchaser’s references to respond to the landlord’s timely request for verification within the time
allowed for acceptance or rejection under paragraph (a) of this subsection. Except as provided in
paragraph (d) of this subsection, the landlord shall furnish to the seller and purchaser a written
statement of the reasons for the rejection.
(d) If a rejection under paragraph (c) of this subsection is based upon a consumer report, as
defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit Reporting Act, the landlord may
not disclose the contents of the report to anyone other than the purchaser. The landlord shall dis-
close to the seller in writing that the rejection is based upon information contained within a con-
sumer report and that the landlord may not disclose the information within the report.
(11) The following apply if a landlord does not require a prospective purchaser to submit an
application for occupancy as a tenant under subsection (8) of this section or if the landlord does not
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accept or reject the prospective purchaser as a tenant within the time required under subsection
(10) of this section:
(a) The landlord waives any right to bring an action against the tenant under the rental agree-
ment for breach of the landlord’s right to establish conditions upon and approve a prospective pur-
chaser of the tenant’s dwelling or home;
(b) The prospective purchaser, upon completion of the sale, may occupy the dwelling or home
as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and
(c) If the prospective purchaser becomes a new tenant, the landlord may impose conditions or
terms on the tenancy that are inconsistent with the terms and conditions of the seller’s rental
agreement only if the new tenant agrees in writing.
(12) A landlord may not, because of the age, size, style or original construction material of the
dwelling or home or because the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403), in compli-
ance with the standards of that Act in effect at that time or in compliance with the state building
code as defined in ORS 455.010:
(a) Reject an application for tenancy from a prospective purchaser of an existing dwelling or
home on a rented space within a facility; or
(b) Require a prospective purchaser of an existing dwelling or home on a rented space within
a facility to remove the dwelling or home from the rented space.
(13) A tenant who has received a notice pursuant to ORS 90.632 may sell the tenant’s dwelling
or home in compliance with this section during the notice period. The tenant shall provide a pro-
spective purchaser with a copy of any outstanding notice given to the tenant under ORS 90.632 prior
to a sale. If the tenancy has been terminated pursuant to ORS 90.632, or the notice period provided
in ORS 90.632 has expired without a correction of cause or extension of time to correct, a prospec-
tive purchaser does not have a right to leave the dwelling or home on the rented space and become
a tenant.
(14) The following applies to a landlord that accepts a prospective purchaser as a tenant under
subsection (10) of this section:
(a) Notwithstanding any waiver given by the landlord to the previous tenant, the landlord may
require the new tenant to complete the repairs, maintenance and improvements described in the
notices provided under subsection (9)(a)(B) to (D) of this section.
(b) Notwithstanding ORS 90.412, if the new tenant fails to complete the repairs, maintenance and
improvements described in the notices provided under subsection (9)(a)(B) to (D) of this section
within six months after the tenancy begins, the landlord may terminate the tenancy by giving the
new tenant the notice required under ORS 90.630 or 90.632.
(15) Except as provided by subsection (13) of this section, after a tenancy has ended and during
the period provided by ORS 90.675 (6) and (8), a former tenant retains the right to sell the tenant’s
dwelling or home to a purchaser who wishes to leave the dwelling or home on the rented space and
become a tenant as provided by this section, if the former tenant makes timely periodic payment of
all storage charges as provided by ORS 90.675 (7)(b), maintains the dwelling or home and the rented
space on which it is stored and enters the premises only with the written permission of the landlord.
Payment of the storage charges or maintenance of the dwelling or home and the space does not
create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 or 90.417. A former tenant
may not enter the premises without the written permission of the landlord, including entry to
maintain the dwelling or home or the space or to facilitate a sale.
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(16) A landlord or tenant who sells a manufactured dwelling or floating home shall deliver title
to the dwelling or home to the purchaser within 25 business days after completion of the sale. If the
sale by contract requires future payments, the landlord or tenant shall notify the county that the
purchaser is responsible for property tax payments.
SECTION 7.
ORS 90.555 is amended to read:
90.555. (1) As used in this section:
(a) “Actively markets for sale” means that the facility tenant:
(A) Places a for-sale sign on the dwelling or home;
(B) Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale;
and
(C) Advertises the dwelling or home for sale in a newspaper or online.
(b) “Facility landlord” means the landlord of the facility.
(c) “Facility tenant” means the owner of the manufactured dwelling or floating home, who is the
tenant of the facility landlord under the rental agreement.
(d) “Rental agreement” means the rental agreement between the facility landlord and facility
tenant.
(e) “Renter” means a person other than the facility tenant who is lawfully occupying the man-
ufactured dwelling or floating home under a subleasing agreement.
(f) “Subleasing agreement” means the written agreement between the facility landlord, facility
tenant, and renter concerning the occupancy of the renter and the rights of the parties.
(2) A facility tenant may not rent the facility tenant’s manufactured dwelling or floating home
to another person for a period exceeding three days unless the facility landlord, facility tenant and
renter enter into a written subleasing agreement specifying the rights and obligations of the facility
landlord, facility tenant and renter during the renter’s occupancy of the dwelling or home. The
subleasing agreement shall require the renter to timely pay to the facility landlord the space rent,
any separately assessed fees payable under the rental agreement and any separately billed utility
or service charge described in ORS 90.560 to 90.584. The subleasing agreement shall also grant the
renter the same rights as the facility tenant to cure a violation of the rental agreement for the fa-
cility space, to require the facility landlord to comply with ORS 90.730 and to be protected from
retaliatory conduct under ORS 90.765. This subsection does not authorize a facility tenant to sub-
lease to a renter in violation of the rental agreement.
(3) Notwithstanding the definition of “tenant” in ORS 90.100 [ (51)], a facility tenant who en-
ters into a subleasing agreement remains the tenant of the facility space and retains all rights and
obligations under the rental agreement and this chapter. The occupancy by a renter does not con-
stitute abandonment of the dwelling or home by the facility tenant.
(4) The rights and obligations of the renter under a subleasing agreement are in addition to the
rights and obligations retained by the facility tenant under subsection (3) of this section and any
rights or obligations of the facility tenant and renter under ORS 90.100 to 90.465.
(5) Unless otherwise provided in the subleasing agreement, and without regard to whether the
facility landlord terminates the rental agreement, a facility landlord may terminate a subleasing
agreement:
(a) Without cause by giving the renter written notice not less than 30 days prior to the termi-
nation;
(b) If a condition described in ORS 90.380 (5)(b) exists for the facility space, by giving the renter
the same notice to which the facility tenant is entitled under ORS 90.380 (5)(b); or
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(c) Subject to the right to cure:
(A) For nonpayment of facility space rent under ORS 90.394 or 90.630; or
(B) For any conduct by the renter that would be a violation of the rental agreement under ORS
90.396 or 90.398 if committed by the facility tenant.
(6) Upon termination of a subleasing agreement by the facility landlord, whether with or without
cause, the renter and the facility tenant are excused from continued performance under any sub-
leasing agreement.
(7)(a) If, during the term of a subleasing agreement, the facility landlord gives notice to the fa-
cility tenant of a rental agreement violation, a law or ordinance violation or the facility’s closure,
conversion or sale, the landlord shall also promptly give a copy of the notice to the renter. The
giving of notice to the renter does not constitute notice to the facility tenant unless the facility
tenant has expressly appointed the renter as the facility tenant’s agent for purposes of receiving
notice.
(b) If the facility landlord gives notice to the renter that the landlord is terminating the sub-
leasing agreement, the landlord shall also promptly give a copy of the notice to the facility tenant
by written notice.
(c) If, during the term of a subleasing agreement, the facility tenant gives notice to the facility
landlord of a rental agreement violation, termination of tenancy or sale of the manufactured dwell-
ing or floating home, the facility tenant shall also promptly give a copy of the notice to the renter.
(d) If the renter gives notice to the facility landlord of a violation of ORS 90.730, the renter shall
also promptly give a copy of the notice to the facility tenant.
(8) Before entering into a sublease agreement, the facility landlord may screen a renter under
ORS 90.303, but may not apply to the renter credit and conduct screening criteria that is more re-
strictive than the landlord applies to applicants for a tenancy of a dwelling or home that is either
owned by the landlord or on consignment with the landlord under ORS 90.680.
(9) Notwithstanding subsection (2) of this section, if a facility landlord rents or has a policy of
renting manufactured dwellings or floating homes that are listed for sale by the facility landlord, the
facility landlord may not prohibit the facility tenant from entering into a subleasing agreement while
the facility tenant actively markets for sale the facility tenant’s manufactured dwelling or floating
home.
SECTION 8.
ORS 90.634 is amended to read:
90.634. (1) A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a
manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 [ (51)] (50)
and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occu-
pies the dwelling or home as a residence, a facility landlord that is entitled to unpaid rent and re-
ceives possession of the facility space from the sheriff following restitution pursuant to ORS 105.161
may sell or dispose of the dwelling or home as provided in ORS 90.675.
(2) If a manufactured dwelling or floating home was occupied immediately prior to abandonment
by a person other than the facility tenant, and the name and address of the person are known to the
landlord, a landlord selling or disposing of the dwelling or home under subsection (1) of this section
shall promptly send the person a copy of the notice sent to the facility tenant under ORS 90.675 (3).
Notwithstanding ORS 90.425, the facility landlord may sell or dispose of goods left in the dwelling
or home or upon the dwelling unit by the person in the same manner as if the goods were left by
the facility tenant. If the name and address of the person are known to the facility landlord, the
landlord shall promptly send the person a copy of the written notice sent to the facility tenant under
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ORS 90.425 (3) and allow the person the time described in the notice to arrange for removal of the
goods.
SECTION 9.
ORS 215.490 is amended to read:
215.490. (1) As used in this section:
(a) “Recreational vehicle” means a recreational vehicle that has not been rendered structurally
immobile and is titled with the Department of Transportation.
(b) “Rural area” means an area zoned for rural residential use as defined in ORS 215.501 or land
that is within the urban growth boundary of a metropolitan service district, but not within the ju-
risdiction of any city, and zoned for residential use.
(2) A county may allow an owner of a lot or parcel in a rural area to site on the property one
recreational vehicle that is used for residential purposes and is subject to a residential rental
agreement, provided:
(a) The property is not within an area designated as an urban reserve as defined in ORS
197A.230;
(b) A single-family dwelling that is occupied as the primary residence of the property owner is
sited on the property;
(c) There are no other dwelling units on the property and no portion of the single-family dwell-
ing is rented as a residential tenancy;
(d) The property owner will not allow the use of the recreational vehicle space or recreational
vehicle for vacation occupancy, as defined in ORS 90.100, or other short-term uses;
(e) The recreational vehicle is owned or leased by the tenant; and
(f) The property owner will provide essential services to the recreational vehicle space, as de-
scribed in ORS 90.100 [ (15)(b)] (14)(b).
(3) A county may require that an owner of a lot or parcel who sites a recreational vehicle under
this section:
(a) Register the use with the county.
(b) Enter into a written residential rental agreement with the tenant of the recreational vehicle.
(c) Limit the amount of payments that the property owner may accept from the tenant under
ORS 90.140 to those reasonably necessary to cover the owner’s costs or losses.
(d) Require that the recreational vehicle comply with any reasonable appearance, repair, in-
spection or siting standards adopted by the county.
(4) Notwithstanding ORS 455.405, a recreational vehicle sited under this section is not subject
to the state building code.
SECTION 10.
ORS 456.259 is amended to read:
456.259. (1) In addition to notices given under ORS 456.260 and 456.262, the owner of publicly
supported housing as described in ORS 456.250 (6)(a)(B) in which the Housing and Community Ser-
vices 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 plain language 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 456.267;
(c) Information about tenant resources, as may be required by the department by rule; and
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(d) Other information required by the department by rule.
(3) The notice required under this section must be delivered no more than 24 months and at
least 20 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 20 months prior to the termination date, the owner [ must] 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 agree-
ment.
(5) If an owner fails to give notices required under subsection (3) or (4) of this section, the owner
shall:
(a) Extend the termination date until no earlier than 20 months after delivery of all notices re-
quired under subsection (3) or (4) of this section; and
(b) Provide notice of the extension to the department and to each tenant that is entitled to no-
tice under this section.
SECTION 11.
ORS 646A.614 is amended to read:
646A.614. (1) The provisions of ORS 646A.606 to 646A.610 do not apply to the use of a consumer
report or a protective record by or for any of the following:
(a) A person, or the person’s subsidiary, affiliate, agent or assignee with which the consumer
or protected consumer has or, prior to assignment, had an account, contract or debtor-creditor re-
lationship for the purposes of reviewing the account or collecting the financial obligation owing for
the account, contract or debtor-creditor relationship. For purposes of this subsection, “reviewing the
account” includes activities related to account maintenance, monitoring, credit line increases and
account upgrades and enhancements.
(b) Any person acting pursuant to a judgment, court order, warrant or subpoena.
(c) A federal, state or local governmental entity, a law enforcement agency or court, or an agent
or assignee of the federal, state or local governmental entity, law enforcement agency or court, for
the purpose of investigating fraud or investigating or collecting delinquent taxes, unpaid judgments
or court orders or acting otherwise to fulfill statutory or regulatory duties, if the activities or
statutory or regulatory duties are consistent with a permissible purpose under section 604 of the
federal Fair Credit Reporting Act (15 U.S.C. 1681b) as that Act existed on October 1, 2007.
(d) The use of credit information for the purposes of prescreening in accordance with the federal
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) as that Act existed on October 1, 2007.
(e) Any person for the sole purpose of providing a credit file monitoring subscription service,
or similar service to which the consumer or protected consumer has subscribed or to which a rep-
resentative has subscribed on behalf of the protected consumer.
(f) A consumer reporting agency for the sole purpose of providing a consumer, a protected con-
sumer or a representative with a copy of the consumer’s or protected consumer’s consumer report
upon the consumer’s, protected consumer’s or representative’s request.
(g) Any person or entity for the purpose of setting or adjusting rates, for handling claims or
underwriting for insurance purposes, to the extent permitted by law.
(h) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access
has been granted under ORS 646A.608 (3) for purposes of facilitating the extension of credit or other
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permissible use.
(i) A child support agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C.
651 et seq.) as that Act existed on October 1, 2007.
(j) A person for the sole purpose of screening an applicant for a residential dwelling unit [ as
described in ORS 90.295 (1) ].
(2) The provisions of ORS 646A.606 to 646A.610 do not apply to a protective record used:
(a) By an entity listed in ORS 646A.618 (2); or
(b) For purposes other than an extension of credit, including:
(A) Compiling a criminal record;
(B) Detecting or preventing fraud;
(C) Compiling a personal loss history; or
(D) Screening an applicant for employment, tenancy or other background checking purposes.
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