MFNW Forms Collection Update - July 1, 2021

Posted By: Jonathan Clay Central Oregon , Industry News , Mid-Willamette Valley , Portland/SW Washington , SWV News ,

Dear Members:

The second quarter of 2021 has brought an astonishing number of legal changes for the Multifamily NW Forms Collection, for both Oregon and Washington State due to legislative actions and eviction moratoria rule changes. As of July 1, 2021, the following edits have been completed to the Multifamily NW Forms Collection.

How do I secure these new forms?

Both forms e-commerce websites the www.RentalFormsCenter.com and the electronic subscription service of www.TenantTech.com have all of the newest forms and latest edits as of Thursday, July 1, 2021. Due to printer timelines, updated versions of printed forms will not be available until mid-July.

Questions on these updates?

Find your best way to access the Forms Collection. Email info@multifamilynw.org for solutions.

OREGON:

New Temporary Occupancy Application and Criteria:

M308 Temporary Occupancy Application and Criteria - Oregon (Not Portland)

M508 Temporary Occupancy Application and Criteria - Standard (Portland)

M509 Temporary Occupancy Portland Rental Application (Low Barrier-NON-Financial)

Applications Updated from SB 282:

M002 OR RENTAL APPLICATION (NOT FOR CITY OF PORTLAND)

  • Added to Criteria section 4 “except for unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022.”
  • Also added to Criteria section “except for general eviction judgments entered on claims that arose on or after April 1, 2020, and before March 1, 2022.”

M502 OR RENTAL APPLICATION (CITY OF PORTLAND STANDARD FINANCIALLY RESPONSIBLE)

  • Same changes as to M002 in criteria section

M503 OR RENTAL APPLICATION (CITY OF PORTLAND STANDARD NON-FINANCIALLY RESPONSIBLE)

  • Added to Criteria section “except for general eviction judgments entered on claims that arose on or after April 1, 2020, and before March 1, 2022.”

M504 OR RENTAL APPLICATION (CITY OF PORTLAND LOW BARRIER FINANCIALLY RESPONSIBLE)

  • Added to Criteria section “7. Resulted in a general judgment entered on claims that arose on or after April 1, 2020, and before March 1, 2022.”
  • Added to Credit History section “8. Unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022.”

M505 OR RENTAL APPLICATION (CITY OF PORTLAND LOW BARRIER NON-FINANCIALLY RESPONSIBLE)

  • Added to Criteria section “7. Resulted in a general judgment entered on claims that arose on or after April 1, 2020, and before March 1, 2022.”

M302 OR Tax Credit Rental Application & Criteria (Not Portland)

  • Added to Criteria section 4 “except for unpaid rent, including rent reflected in judgments or referrals of debt to a collection agency, that accrued on or after April 1, 2020, and before March 1, 2022.”
  • Also added to Criteria section “except for general eviction judgments entered on claims that arose on or after April 1, 2020, and before March 1, 2022.”

M507 OR Tax Credit Rental Application & Criteria (Portland)

  • Same changes as M302 (listed above)

Other Oregon Updated Forms:

M007 OR Move-In & Out Inspection (Not Portland)

  • Removed “(NOT FOR CITY OF PORTLAND)” and added “If in City of Portland and taking security deposit, use forms M524 and M526.” under document title.

M020 OR 10-Day Notice of Termination for Nonpayment of Rent (previously 72-Hour)

M015 OR 13-Day Notice of Termination for Nonpayment of Rent (previously 144-hour)

M023 OR Notice of For Cause Termination 

  • Removed CDC language
  • Added “Eviction for nonpayment of rent, charges and fees that accrued on and after April 1, 2020, and before June 30, 2021, is not allowed before February 28, 2022. Information regarding tenant resources is available at www.211info.org.”
  • Added “For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at www.courts.oregon.gov. Until February 28, 2022, if you give your landlord documentation that you have applied for rental assistance at or before your first appearance in court, you may be temporarily protected from eviction for nonpayment. Documentation may be made by any reasonable method, including by sending a copy or photograph of the documentation by electronic mail or text message. “Documentation” includes electronic mail, a screenshot or other written or electronic documentation verifying the submission of an application for rental assistance. To apply for rental assistance, go to www.oregonrentalassistance.org, dial 211 or go to www.211info.org. To find free legal assistance for low-income Oregonians, go to www.oregonlawhelp.org.” 

M176 OREGON EMERGENCY COVID-19 BALANCE REMINDER (NOT A BILL OR INVOICE) For balances accrued April 1, 2020 to June 30th, 2021

  • Added “For balances accrued April 1, 2020 to June 30th, 2021” as last line of title.
  • Removed “Certain emergency periods and grace periods may apply to you: If the emergency period is not extended under section 7 (1) of the Oregon 2020 third special session Act, eviction for nonpayment of rent, charges and fees accrued from April 1, 2020 to December 31, 2020 is not allowed before March 31, 2021 (see attachment of Notice of Eviction Protection and attachment of Declaration of Financial Hardship for Eviction Protection). If the emergency period is extended under section 7 (1) of the Oregon 2020 third special session Act, eviction for nonpayment of rent, charges and fees accrued from April 1, 2020 to June 30, 2021 is not allowed before June 30, 2021. The following amount(s) are past due and outstanding on your account:”
  • Replaced the above with “You continue to owe the following charges that accrued from April 1, 2020, through June 30, 2021, but eviction for nonpayment of rent, charges and fees accrued from April 1, 2020, to June 30, 2021, is not allowed before February 28, 2022:”
  • Added “Information regarding tenant resources is available at https://www.211info.org” between TOTAL and ADDITIONAL INFORMATION.

Oregon Form Updates through Eviction Moratorium Grace Periods:

Available again:

M019 OR End of Tenancy Notice (1st Year of Occupancy Only) (MTM or Non-Renewal of Lease)

M049 OR 90-Day End of Tenancy Notice (1st Year of Occupancy Only) (MTM or Non-Renewal of Lease)

M067 OR Fixed-Term Renewal Offer

M178 OR Emergency COVID-19 Grace Period Voluntary Alternate Payment Plan

Removed/No Longer Applicable:

M180 OR Notice of Eviction Protection

M181 OR Declaration of Financial Hardship for Eviction Protection

Remain Unavailable through Eviction Moratorium Grace Period

M031 OR Notice of Violation-Failure to Pay Money

M042 OR Notice of Balance Due

OREGON/WASHINGTON:

M106 OR-WA Assistance/Companion Animal Agreement

  • Item 1. “Only the” was changed to “The”.
  • Item 1 “will” was changed to “may”.

M153 OR-WA Addendum to Add or Remove Resident(s)

  • ADDITION OF NEW RESIDENTS, Item 5: “security deposit” was changed to “security deposit or last months rent”
  • REMOVAL OF EXISTING RESIDENT(S), item 3: “the security deposit” was changed to “any security deposit or last months rent”
  • REMOVAL OF EXISTING RESIDENT(S), item 3: “security deposit” was changed to “security deposit or last months rent”

WASHINGTON:

New Forms:

M125 Proof of Service of 14-Day Notice to Pay Rent or Vacate the Premises

  • “For Record Keeping Only; Do NOT Serve on Resident”

M214 Offer for Installment Payment Agreement

Updated Forms:

M120 WA 14-Day Notice to Pay or Vacate the Premises

  • Added “State law provides you the right to legal representation and the court may be able to appoint a lawyer to represent you without cost to you if you are a qualifying low-income renter. If you believe you are a qualifying low-income renter and would like an attorney appointed to represent you, please contact the Eviction Defense Screening Line at 855-657-8387 or apply online at https://nwjustice.org/apply-online. For additional resources, call 2-1-2 or the Northwest Justice Project CLEAR Hotline outside King County (888) 201-1014 weekdays between 9:15 a.m. – 12:15 p.m., or (888) 387-7111 for seniors (age 60 and over). You may find additional information to help you at http://www.washingtonlawhelp.org. Free or low-cost mediation services to assist in nonpayment of rent disputes before any judicial proceedings occur are also available at dispute resolution centers throughout the state. You can find your nearest dispute resolution center at https://www.resolutionwa.org.”
  • Added “CITY OF SEATTLE ONLY If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684-5700 or visit the website at www.seattle.gov/rentinginseattle. If you cannot pay rent, during or within six months after the end of the Mayor’s moratorium on evictions, your inability to pay is a defense to eviction that you may raise in court. City law entitles you to pay overdue rent in installments. If your landlord does not accept payment according to the installment schedule, you may raise this as a defense to eviction in court.”

Applications updated:

M002 Rental Application & Criteria (WA)

  • Added two new sections to Criteria, Eviction Moratorium Protections and Medical History:
  • EVICTION MORATORIUM PROTECTIONS A prospective landlord may not take any adverse action based on a prospective tenant’s nonpayment of rent that occurred between March 1, 2020 and six months following the expiration of the eviction moratorium (Effectively the remainder of 2021).
  • MEDICAL HISTORY A prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on a tenant’s or prospective tenant’s medical history including, but not limited to, the tenantʼs or prospective tenant’s prior or current exposure or infection to the COVID-19 virus. A landlord or prospective landlord may not inquire about, consider, or require disclosure of a tenant’s or prospective tenant’s medical records or history, unless such disclosure is necessary to evaluate a reasonable accommodation request or reasonable modification request under RCW 49.60. 222.

M002s Rental Application & Criteria (Seattle)

  • Added two new sections to Criteria, Eviction Moratorium Protections and Medical History:
  • EVICTION MORATORIUM PROTECTIONS No landlord may take an adverse action against a prospective or existing tenant or occupant or a member of the tenant or occupant's household based on any eviction history occurring during or within six months after the end of the civil emergency proclaimed by Mayor Durkan on March 3, 2020 unless that eviction history is due to actions by the tenant constituting an imminent threat to the health or safety of neighbors, the landlord, or the tenant's or landlord's household members, subject to the exclusions and legal requirements in subsections 14.09.115.A, 14.09.115.B, 14.09.115.E, and 14.09.115.F. It appears that the civil emergency ended on March 31, 2021 so this Seattle specific provision would cover the period from March 1, 2020 through September 2021. The Washington state protection would last longer so I propose we add this and the general Washington provision below.
  • A prospective landlord may not take any adverse action based on a prospective tenant’s nonpayment of rent that occurred between March 1, 2020 and six months following the expiration of the eviction moratorium (effectively the remainder of 2021).
  • MEDICAL HISTORY A prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on a tenant’s or prospective tenant’s medical history including, but not limited to, the tenant’s or prospective tenant’s prior or current exposure or infection to the COVID-19 virus. A landlord or prospective landlord may not inquire about, consider, or require disclosure of a tenant’s or prospective tenant’s medical records or history, unless such disclosure is necessary to evaluate a reasonable accommodation request or reasonable modification request under RCW 49.60. 222.

Washington Forms Remain Unavailable through Eviction Moratorium Grace Periods:

M042 WA Notice of Balance Due

M119 WA End of Tenancy Notice (M-to-M or Non-Renewal)

M031 WA Notice of Violation-Failure to Pay Money

M062 OR-WA Installment Payment Agreement