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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3144
Sponsored by Representative MARSH; Representative GAMBA (Presession filed.)
CHAPTER .................................................
AN ACT
Relating to dwellings; amending ORS 93.277 and 94.776 and section 12, chapter 625, Oregon Laws
2019.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 93.277 is amended to read:
93.277. (1) A provision in a recorded instrument affecting real property is not enforceable if[ :]
[(1)] the provision would allow the development of a single-family dwelling on the real property
but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031
for:
(a) Middle housing, as defined in ORS 197A.420; [ or]
(b) An accessory dwelling unit allowed under ORS 197A.425 (1); [ and]
(c) A manufactured dwelling, as defined in ORS 446.003; or
(d) A prefabricated structure, as defined in ORS 197A.015.
(2) This section applies only if the instrument :
(a) Contains a provision described under subsection (1)(a) or (b) of this section and was
executed on or after January 1, 2021.
(b) Contains a provision described under subsection (1)(c) or (d) of this section and was
executed on or after effective date of this 2025 Act.
SECTION 2.
ORS 94.776 is amended to read:
94.776. (1) A provision in a governing document that is adopted or amended on or after January
1, 2020, is void and unenforceable to the extent that the provision would prohibit or have the effect
of unreasonably restricting the development of, or the dividing of lands under ORS 92.031 for,
housing that is otherwise allowable under the maximum density of the zoning for the land.
(2) Lots or parcels resulting from the division of land in a planned community are subject to the
governing documents of the planned community and are allocated assessments and voting rights on
the same basis as existing units.
(3) A provision in a governing document that is adopted or amended on or after effective
date of this 2025 Act is void and unenforceable to the extent that the provision would prohibit
or have the effect of unreasonably restricting the siting of a manufactured dwelling, as de-
fined in ORS 446.003, or a prefabricated structure, as defined in ORS 197A.015, on a lot, in-
cluding an accessory dwelling unit allowed under this section.
SECTION 3. Section 12, chapter 625, Oregon Laws 2019, as amended by section 4, chapter 334,
Oregon Laws 2023, is amended to read:
Sec. 12. Sections 9 and 10, chapter 625, Oregon Laws 2019, are repealed January 2, [ 2027]
2031.
Enrolled House Bill 3144 (HB 3144-INTRO) Page 1
Passed by House March 31, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate May 27, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3144 (HB 3144-INTRO) Page 2