City of Beaverton Landlords - New Ordinance Extending 60-day Protection Period in SB 278 to 90-days

Industry News , Portland/SW Washington ,

On October 5, 2021, Beaverton City Council passed Ordinance 21250, extending the eviction protection period in SB 278 from 60 days to 90 days. This action follows similar laws extending the SB 278 timeline from 60 to 90 days in Washington County as well as Multnomah County.

     I. SB 278 Protection Period and Effect of Ordinance 21250

SB 278 establishes that if a Tenant provides the Landlord with documentation that the Tenant has applied for rental assistance, a Landlord may not deliver a termination notice for nonpayment or initiate or continue an action for possession based on the termination notice for nonpayment for 60 days. The City of Beaverton‘s Ordinance increases this protection period to 90 days for tenancies located in the City of Beaverton. This means if a Tenant within the City of Beaverton provides the Landlord with documentation that they have applied for rental assistance, the Landlord will now need to wait 90 days before delivering a termination notice for nonpayment or initiating or continuing an action for possession based on a termination notice for nonpayment. If the Tenant provides the Landlord with documentation that they have applied for rental assistance after an FED has been filed but during or before the First Appearance, the court must set over the First Appearance for at least 90 days.

     II. Reissuing a Termination for Nonpayment if Balance is Not Paid

If 90 days have passed since the Tenant provided the documentation, a Landlord may issue a new termination notice. If the matter was already filed with the court and the case was postponed for 90-days, the court must promptly set the matter for trial at the reset first appearance.

     III. Penalties

The City of Beaverton’s Ordinance does not modify the penalties of SB 278 in any way. If a Landlord violates the extended protection period under the Ordinance, a Tenant may obtain injunctive relief to recover possession or address any other violation. The Landlord’s failure to comply may also be used as a defense in an FED. Finally, if an FED is dismissed based on the extended protection period under the Ordinance, a Tenant is not entitled to a prevailing party fee, costs or attorney fees if the Landlord delivered all notices as required, did not know or have reasonable cause to know that the Tenant had provided documentation when the FED was filed and the Landlord promptly dismissed the FED when they became aware that the Tenant provided the documentation.

     IV. Conclusion

Landlords should pay special attention to the required changes in forms and practices. If you are not already utilizing a forms bank that is updated regularly, you should consider doing so.

This article 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.