On July 11, 2022, the City of Eugene passed Ordinance No. 20670, amending the Eugene Code regarding rental housing. The Eugene Mayor signed this ordinance on July 13, 2022, and the changes to the city code are effective August 13, 2022. Effective on that date, the following requirements must be adhered to by Eugene rental housing providers:
Documentation of the Condition of Rental Housing
Housing Providers in Eugene must, prior to the date a renter begins occupying a unit, do the following:
- Provide the renter with documentation of the condition of the rental housing; and
- Receive written confirmation from the renter that they have received and reviewed said documentation. Documentation is described as:
- Photo documentation showing the condition of the rental housing, including the condition of any appliances provided for use by renters; and
- A written statement describing the condition of the rental housing, including the condition of any appliances provided for use by renters, and noting any damage.
After a tenancy ends, Housing Providers will again need to document the condition of the unit, via both photo and written documentation, and provide that documentation to the renter along with any written accounting stating the basis of a claim for any portion of the security deposit. This documentation must be provided within 31 days after the tenancy terminates.
If a renter makes a written request for a rental reference from a Housing Provider, the rental reference must be provided to the renter within five business days of the written request. In providing such a reference, Housing Providers must utilize a form approved by City Manager. This form has not yet been created by the Eugene City Manager’s office.
This requirement ceases to apply if the Housing Provider has already provided two such references to the renter during the same calendar year.
Cap on Applicant Screening Charges.
Applicant screening charges for tenancies located in Eugene shall not exceed $10 or the housing providers’ average actual cost of screening applicants, whichever amount is less.
Renter Educational Information
At the time a rental agreement is executed, Housing Providers must provide each renter who is a party to the rental agreement a form detailing the rights and obligations of both Housing Providers and renters regarding termination of tenancy and the requirements established by this Ordinance. This form must be in a format approved by the City Manager and has yet to be released by the City of Eugene.
Enforcement of Ordinance Requirements
The requirements of this Ordinance will be enforced through a complaint system administered by the Eugene City Manager’s office. While the Ordinance establishes what information renters will need to include on such a complaint, the Eugene City Manager’s office has not yet adopted any rules on how these complaints will be processed.
Eugene Housing Providers who are subject to a complaint deemed valid by the Eugene City Manager’s office will receive an order notifying them of the complaint. The order must state the address and unit number connected to the complaint, a description of the Housing Provider’s violation, a deadline of 10 days to remedy the violation, and the Housing Provider’s right to appeal the order. If the violation is not remedied by the 10-day deadline, then the City Manager may:
- Issue an administrative civil penalty, initiate a prosecution in municipal court, or both; and
- Initiate an action to recover all city costs associated with the processing of the complaint, investigation, and resolution of the issue.
Complaints related to lack of essential services submitted to the City Manager’s office may result in shorter timelines (in some cases as short as 48 hours) to respond and/or remedy the issue.
Rental Housing Registration and Fees
The Eugene City Manager will set an as of yet undetermined fee for each dwelling unit covered by a rental agreement. Housing Providers will be required to register each rental unit with the City and pay the associated fee once the City Manager has set up such a registration and fee system. This fee is meant to generate revenue to offset the costs associated with the requirements of this ordinance.
As a reminder, all the above requirements are effective starting on August 13, 2022. While the City Manager’s office has not released any of the above referenced required forms, all such forms should be published prior to August 13, 2022. The Multifamily NW Forms Collection is being updated for compliance with this ordinance.
Landlord/Tenant Law attorney Marcel Gesmundo from Andor Law will be teaching an in-person training on Tuesday, August 23rd at the Valley River Inn from 11:00am to 1:30pm. Lunch is included. RSVP here.
This article is not intended as legal advice. Please obtain advice of an attorney for any policy changes or decisions.