No Non-Payment Evictions Allowed During Corona Virus State of Emergency
The newest mandate by Multnomah County has made it so landlords can NOT evict a tenant for not paying rent if their income has been negatively effected by the Coronavirus pandemic mandates. The tenant must be able to show they aren't able to pay rent because of a reason related to the pandemic and they will have 6 months to pay the unpaid rent after the state of emergency is lifted. Below is the complete text of this ordinance. If you are a landlord with a tenant that you think will take advantage of this option then read through these details and be careful you don't unintentionally violate it in the near future. With how quickly things are changing right now also keep an eye on your email for future updates that effect landlords.
Complete Ordinance Text:
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON
ORDINANCE NO. ______
Ordinance to address COVID-19 Eviction Moratorium and Declaring an Emergency.
The Multnomah County Board of Commissioners Finds:
A. On March 11, 2020, the Multnomah County Chair signed Executive Rule No. 388 declaring an emergency for the entire County to address the continued spread of the COVID-19 illness, loss of life, an extreme public health risk, and significant economic impact in the region. On March 17, 2020, an Addendum to Executive Rule No. 388 was issued providing additional measures to address the emergency conditions. This Ordinance ratifies Executive Order 388 and its Addendum.
B. The spread of COVID-19 has caused widespread closures and cancellations in the region and across the country, and public health officials recommend isolation and social distancing.
C. As the response to this public health emergency escalates, the County anticipates that many residents will experience direct economic impacts. The Federal government and State of Oregon have declared emergencies. To date, Oregon Governor Kate Brown announced the closure of all Oregon K-12 schools through the end of April, along with widespread restrictions for businesses throughout the hospitality, entertainment, and retail industries. These restrictions will result in lost wages for employees.
D. The County is taking measures to avoid the creation of an additional economic and public health emergency that would result from subjecting more households to homelessness as a result of the economic impacts of COVID-19. Additionally, to encourage County residents to comply with closures and prevent further spread of COVID-19, the County must protect residents from the fear of potential eviction due to economic dislocation. The ability to maintain housing during this pandemic is a public health imperative.
Multnomah County Ordains as Follows:
Section 1. Title
This Ordinance shall be known as the Multnomah County “COVID-19 Eviction Moratorium.”
Section 2. Purpose
The purpose of the COVID-19 Eviction Moratorium is to promote housing stability during the COVID-19 pandemic and to avoid a preventable increase in homelessness due to the economic effects of COVID-19.
Section 3. Definitions
For the purposes of this Ordinance, the following definitions shall apply, unless the context requires a different meaning:
A. “Affected Tenant” means a Tenant or a Tenant’s Family member, who has, as a result of the OVID-19 pandemic, suffered a substantial loss in income due to:
(1) job loss;
(2) reduction in hours worked;
(3) business closure;
(4) school or daycare closure causing missed work to care for a minor child;
(5) missed work to care for illness of self or a family member; or
(6) other similar causes of lost income due to the COVID-19 pandemic.
B. “Dwelling Unit” is defined by ORS 90.100(12).
C. “Evict” means to terminate a rental agreement or file an action to take possession of the Dwelling Unit as provided in ORS 105.105 to 105.168.
D. “Family member” is defined by ORS 657B.010.
E. “Household” means one or more Tenant(s) who occupy any individual Dwelling Unit, including each dependent of any Tenant whose primary residence is the Dwelling Unit.
F. “Landlord” is defined by ORS 90.100(23).
G. “Rent” is defined by ORS 90.100(37).
H. “Rental Agreement” is defined by ORS 90.100(38).
I. “Tenant” is defined by ORS 90.100(47).
J. “Termination Notice” means a written notice indicating the Landlord’s intention to terminate the rental agreement and take possession of the Dwelling Unit, delivered by a Landlord to a Tenant in accordance with ORS 90.392 or ORS 90.394, and any other applicable state, federal, or local laws.
K. “Utilities or service charges” includes any charges for services listed in ORS 90.315(1)(d).
Section 4. Scope
This Ordinance applies to an Affected Tenant and Affected Tenant’s Household in any Dwelling Unit in Multnomah County, unless the Dwelling Uni