Creates a rebuttable presumption against negligence and liability for property damage, injuries or death that results from criminal activity in or around multifamily residential property if the owner or operator of the multifamily residential property implements certain security measures and completes certain training and assessments.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3781
Sponsored by Representative LEVY E
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: Says that an owner is not at fault for an injury from a crime at an apartment complex
if the owner makes sure to have security in place. (Flesch Readability Score: 63.6).
Creates a rebuttable presumption against negligence and liability for property damage, injuries
or death that results from criminal activity in or around multifamily residential property if the
owner or operator of the multifamily residential property implements certain security measures and
completes certain training and assessments.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to a presumption against liability for claims that result from criminal activity in multi-
family residential property; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section:
(a) “Crime deterrence and safety training” means education that creates awareness of,
and enables proper and effective preparation for implementing, security principles, security
devices, crime prevention and reporting and other means for carrying out the security
measures described in this section.
(b) “Crime prevention through environmental design” means a planned use in a neigh-
borhood or community of access control, surveillance and territorial reinforcement to reduce
opportunities for criminal activity and to promote positive social interaction among legiti-
mate residents of the neighborhood or community.
(c) “Multifamily residential property” means a residential building or group of residential
buildings that consists of at least five dwelling units, such as an apartment buildings,
townhouses or condominiums.
(2) A court shall rebuttably presume in an action brought against an owner or operator
of a multifamily residential property for property damage, injury or death that results from
criminal activity on the premises of, or in the immediate vicinity of, the multifamily resi-
dential property that the owner or operator is not negligent or otherwise liable for the
property damage, injury or death if:
(a) A party other than an agent or employee of the owner or operator engages in the
criminal activity;
(b) The owner or operator demonstrates that the owner or operator has completed the
assessments and training described in subsection (5) of this section, and has complied with
recommendations provided in the assessments and timely conducted and updated the train-
ing; and
(c) The owner or operator establishes prima facie that the owner or operator imple-
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 3755
HB 3781
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mented at least the following security measures, unless the structure and design of the
multifamily residential property does not permit, and cannot reasonably be modified to per-
mit, the implementation:
(A) A security camera system at points of entry into, and exit from, the multifamily
residential property that continuously records activity at a resolution and from angles that
enable an identification of persons and actions. The recordings must be stored and retrieva-
ble for a period of at least 30 days.
(B) Bright lighting at the entrances of dwelling units and in common areas of the
multifamily residential property such as parking lots, walkways, laundry rooms, decks and
porches. The lighting must be on, or must be controlled by a photocell or another device that
activates and maintains the lighting, from dusk until dawn or must illuminate in response
to sensed motion. Lighting in a parking lot must have an intensity of at least, on average,
1.8 foot-candles per square foot at 18 inches above the surface.
(C) Secure access points to all dwelling entrances and indoor common areas and fencing,
gates and secure access points that restrict access to outdoor common areas such as pools,
gardens or other areas with spaces that are not readily visible from outside the area. A
dwelling unit must provide at least a 1-inch deadbolt and a peephole or breakage-resistant
window on each entry door along with a tamper-resistant locking device on each window and
exterior sliding door. Access points may use as security measures electronic or smart locks,
passcodes, key fobs and other control measures.
(3) A court may give additional weight to the presumption described in subsection (2) of
this section if in addition to the security measures described in subsection (2) of this section
an owner or operator of a multifamily residential property demonstrates to the court’s sat-
isfaction that the owner or operator implemented the following security measures:
(a) A watch program that encourages residents of the multifamily residential property
to form or join an organization that actively monitors activity in and around the multifamily
residential property for the purpose of preventing and reporting crime. The program may
include in-person patrols, social media reporting or other methods.
(b) Community rules that discourage loitering, unauthorized visitors or disruptive be-
haviors and that include adequate enforcement measures.
(c) Cooperation with local law enforcement that may include regular visits or patrols of
the multifamily residential property, safety presentations and awareness of the functions and
capabilities of law enforcement.
(d) Private security officers or patrol services for the multifamily residential property.
(e) Regular presentations, education or training about crime prevention and safety
measures for residents of the multifamily residential property.
(4) A plaintiff in an action may rebut the presumption described in subsection (2) of this
section if the plaintiff demonstrates with clear and convincing evidence that an owner or
operator willfully failed to:
(a) Properly install, operate, maintain, repair or replace, as appropriate, a security cam-
era system, lighting or secure access points in accordance with commercially reasonable
standards and as otherwise described in subsection (2) of this section;
(b) Provide security measures consistently and regularly to the extent that consistency
and regularity are necessary for the security measures to be effective; or
(c) Properly screen, train and monitor, in accordance with commercially reasonable
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HB 3781
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standards and applicable law, any employees, staff, agents, contractors, security officers or
other personnel with responsibility for installing, operating, maintaining, repairing or re-
placing a security measure or providing security services to residents of multifamily resi-
dential property.
(5) Appropriate assessments and training that an owner or operator of multifamily resi-
dential property must complete under subsection (2)(b) of this section consist of the following
elements:
(a) A crime prevention through environmental design assessment that meets standards
described in subsection (6) of this section and that a law enforcement agency conducted
within the three years before the date on which an action against the owner or operator
began. The assessment must include any applicable recommendations for:
(A) Security measures, upgrades or changes to the structure, layout or design of the
multifamily residential property that are needed for adequate or improved security; and
(B) Best practices for installing, operating, maintaining, repairing or replacing security
measures or for screening, training and monitoring employees, staff, agents, contractors,
security officers or other personnel with responsibility for implementing security measures
or providing security services.
(b) Crime deterrence and safety training for employees, staff, agents, contractors, secu-
rity officers or other personnel with responsibility for implementing security measures or
providing security services that occurs within 60 days after employment begins. The owner
or operator must review and update the crime deterrence and safety training at least once
every three years.
(6) The Department of Public Safety Standards and Training, not later than January 1,
2026, shall devise or approve appropriate standards for crime prevention through environ-
mental design assessments and crime deterrence and safety training and shall make the
standards available to law enforcement agencies within this state. The department may
conduct or approve training necessary to implement the standards that the department
makes available under this subsection.
SECTION 2.
Section 1 of this 2025 Act applies to actions that commence on or after the
effective date of this 2025 Act.
SECTION 3. This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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